ORDER DENYING MOTION TO DISMISS AND MOTION FOR JUDGMENT ON THE PLEADINGS
TERRY R. MEANS, District Judge.
Pending before the Court are Defendants' Motion to Dismiss (doc. 11), filed November 16, 2011, and Motion for Judgment on the Pleadings (doc. 18), filed January 6, 2012. After considering Plaintiff's Rule 7 reply, the motions, the responses, and the replies, the Court DENIES the motions.
I. BACKGROUND1
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