ORDER
HAGEN, District Judge.
Before the court is plaintiffs motion to reconsider (# 20) this court's order (# 19) dismissing count I of plaintiffs complaint for lack of subject matter jurisdiction. Defendant has opposed (# 24), and plaintiff has replied (# 25). After review of the record and consideration of the relevant law, this court notes the following in making its disposition:
I. Factual and Procedural Background
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