ORDER
VOLLMER, District Judge.
This matter is before the court on defendant's "motion to dismiss" and the brief submitted in support thereof (tabs 6 and 7), and on plaintiff's brief in opposition thereto (tab 10). Essentially, defendant requests the court to dismiss count two of plaintiff's complaint for failure to state a claim upon which relief may be granted. After due and proper consideration, the court concludes that defendant's motion is due to be...
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