ORDER DENYING DEFENDANT'S MOTION TO DISMISS
JOSE E. MARTINEZ, District Judge.
THIS CAUSE came before the Court upon Defendant City of Miami Beach's Motion to Dismiss Plaintiff's Amended Complaint (D.E. No. 39). Defendant City of Miami Beach (the "City") seeks dismissal of Dario Vasquez's ("Plaintiff") Amended Complaint (D.E. No. 29) pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted....
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