OPINION AND ORDER
DOMINGUEZ, District Judge.
The defendant moves to dismiss Plaintiff's complaint for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), or alternately, for failure to state a claim upon which relief can be granted pursuant to Fed. R.Civ.P. 12(b)(6), (Docket No. 20). The defendant also moves for summary judgment under Fed.R.Civ.P. 56. The plaintiff did not file an opposition to the combined Motion to Dismiss and...
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