MEMORANDUM OPINION
CHASANOW, District Judge.
Presently pending and ready for resolution is the motion of Defendant, Dr. Richard Meserve ("Meserve"), to dismiss pursuant to FED.R.CIV.P. 12(b)(6) or, in the alternative, for summary judgment pursuant to FED.R.CIV.P. 56 and the motion of Plaintiff Dr. Dan Lurie ("Lurie") for leave to file a surreply. The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary...
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