ORDER
JACK D. SHANSTROM, Senior District Judge.
Presently before the Court is the Defendant's Motion to Dismiss and, in the alternative, for Summary Judgment. A hearing was held on April 20, 2010 wherein Plaintiff was represented by Attorney Ellen Renaud and Defendant was represented by Marina Utgoff Braswell. After having considered the Parties oral arguments and reviewed the submitted briefs, this Court is prepared to render a ruling at this time.
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