ORDER
PHILIP A. BRIMMER, Chief United States District Judge.
This matter is before the Court on defendant's Motion to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) [Docket No. 46] filed on May 30, 2019. On June 20, 2019, plaintiff Adam DeRito filed a response. Docket No. 51. Defendant replied on July 11, 2019. Docket No. 54.
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