ORDER
VICKI MILES-LaGRANGE, District Judge.
Before the Court is defendant Valley Ditch Witch, Inc.'s ("defendant") Motion to Dismiss Plaintiff's Original Complaint Pursuant to FRCP 12(B)(2) & (3) & (6) and 12(C), filed September 24, 2013. On October 14, 2013, plaintiff filed its response, and on October 21, 2013, defendant filed its reply. Based upon the parties' submissions, the Court makes its determination.
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