DECISION and ORDER
LESLIE G. FOSCHIO, United States Magistrate Judge.
JURISDICTION
On November 10, 2009, the parties to this action consented pursuant to 28 U.S.C. § 636(c)(1) to proceed before the undersigned. The matter is presently before the court on Defendant's motion to dismiss (Doc. No. 4), filed July 14, 2009, and on Plaintiff's motion that this case be kept active (Doc. No. 11), filed July 30, 2009.
BACKGROUND<...
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