ORDER
JAMES E. GRITZNER, District Judge.
This matter comes before the Court on Defendant's Motion to Dismiss. The Court held a hearing on the Motion on December 22, 2008. Robert Meyers, Jeffrey Peterzalek, and Jessica Whitney represented the Defendant; Kimberley Baer and Judy Johnson represented the Plaintiff. The matter is now fully submitted and ready for disposition.
I. BACKGROUND
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