ORDER
DAVID S. DOTY, District Judge.
This matter is before the court upon plaintiff Caleb R. Sturge's ("Sturge") objection to the December 19, 2008, report and recommendation of Magistrate Judge Susan R. Nelson. In her report, the magistrate judge recommends that defendant Northwest Airlines, Inc.'s ("Northwest") motion to dismiss for lack of subject matter jurisdiction be granted. The court sustains Sturge's objection for the following reasons.
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