ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS
K. MICHAEL MOORE, District Judge.
THIS CAUSE came before the Court upon Defendant's Motion to Dismiss (ECF No. 13). Plaintiff filed a Response (ECF No. 26) and Defendant filed a Reply (ECF No. 29). The Motion is now ripe for review. UPON CONSIDERATION of the Motion, the pertinent portions of the record,
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