MEMORANDUM & ORDER
ALETA A. TRAUGER, District Judge.
The defendant has filed a Partial Motion to Dismiss for Failure to State a Claim (Docket No. 37), to which the plaintiff has filed a Response in opposition (Docket No. 39). For the reasons stated herein, the motion will be denied.
BACKGROUND
Defendant Five Star Quality Care, Inc. ("Five Star")
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