MEMORANDUM OPINION AND ORDER
ED KINKEADE, District Judge.
Before the court is Defendant's Motion for Judgment on the Pleadings, filed September 24, 2013. The court has reviewed and considered the motion, response, reply, the pleadings on file, the record in this case, and the applicable law, For the reasons that follow, the court has converted the motion to a motion for summary judgment, and has determined that the motion should be
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