ORDER
FLANAGAN, District Judge.
This matter is before the court upon plaintiff's motion to reconsider (DE # 18), filed in the case February 4, 2004, and defendant's motion to dismiss (DE # 25), filed April 14, 2004. Plaintiff responded to defendant's motion in a memorandum filed May 3, 2004. The motions now are ripe for decision.
I. BACKGROUND
Plaintiff, a subscription satellite television service, brought this action against defendant...
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