MEMORANDUM AND ORDER
JOYNER, Chief Judge.
Before this Court are Defendants' Motion to Dismiss the Third Amended Complaint (Doc. No. 40), Plaintiff's Response in opposition thereto (Doc. No. 63), Defendants' Reply (Doc. No. 66) and Plaintiff's Sur-Reply (Doc. No. 76). For the reasons set forth in this Memorandum, the Motion to Dismiss is granted in part and denied in part.
FACTUAL BACKGROUND
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