MEMORANDUM OPINION
THOMAS A. VARLAN, District Judge.
This civil action is before the Court on defendants' Motion to Dismiss or in the Alternative, for Partial Summary Judgment [Doc. 12]. No response was filed, and the time for doing so has passed. See E.D. Tenn. L.R. 7.1(a), 7.2. For the reasons explained herein, the Court will grant the alternative request for partial summary judgment.
I. Background
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