MEMORANDUM OPINION AND ORDER
GIBSON, District Judge.
This case comes before the Court on the Defendant's Motion to Dismiss, or in the alternative, for Summary Judgment (Document No. 5). In consideration of the Defendant's Motion, the Plaintiff's Response to the Defendant's Motion to Dismiss (Document No. 10), the Court shall grant Defendant's motion in part and deny Defendant's motion in part for the following reasons.
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