ORDER
WILEY Y. DANIEL, Chief Judge.
THIS MATTER is before the Court on Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [doc. # 19, filed March 28, 2008]. Plaintiff responded to the Motion on April 21, 2008 [doc. # 26], and Defendant replied on May 7, 2008 [doc. # 36]. Having considered the Motion, response, reply, and the pertinent exhibits, I enter the following written Order.
FACTUAL BACKGROUND
Plaintiff...
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