MEMORANDUM OPINION & ORDER
JOAN B. GOTTSCHALL, District Judge.
Plaintiff MMPC Sub, Inc. ("MMPC"), formerly known as Progeny, Inc. ("Progeny"), has brought a three-count amended complaint against Midmark Corporation ("Midmark"), seeking a declaratory judgment that Midmark is barred from imposing certain accounting adjustments to Progeny's 2012 "Adjusted EBITDA."
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