MEMORANDUM OPINION
VARLAN, District Judge.
This civil action was filed pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1001, et seq. The case is before the Court on several pre-trial motions: Defendant's Motion to Dismiss [Doc. 10]; Defendant's Motion to Dismiss Amended Complaint [Doc. 19]; and Plaintiff's Application for 29 U.S.C. § 1132(c) Penalty and
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