MEMORANDUM OPINION AND ORDER
JOHN EDWARDS CONWAY, Senior District Judge.
THIS MATTER comes before the Court on Defendants' Motion to Dismiss, filed June 28, 2010 (Doc. 3) ("Motion"). Having considered the Motion, response, reply, and permissible surreply thereto, as well as the governing authority, the Court finds the Motion not well-taken and it will be denied.
I. Background
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