MEMORANDUM AND ORDER
JOHNSON, District Judge:
Before the Court is Defendant's motion to dismiss Plaintiff's claim for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, and for failure to state a claim, pursuant to Fed. R.Civ.P. 12(b)(6), or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. Also before the Court is Defendant's motion to strike Plaintiff's jury demand.
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