OPINION
ROBERT B. KUGLER, District Judge.
Before the Court is the motion of HD Supply Facilities Maintenance, Ltd. ("Defendant") to dismiss the Second Amended Complaint ("SAC") of Francis Kelly ("Plaintiff") pursuant to Federal Rule of Civil Procedure 12(b)(6). Also before the Court is Plaintiff's cross motion for sanctions against Defendant. For the reasons set forth below, both Defendant's motion to dismiss and Plaintiff's motion for sanctions are
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