ORDER
KIMBERLY J. MUELLER, District Judge.
On October 10, 2014, the court held a hearing on the defendant's motion to dismiss. Sheri Leonard appeared on behalf of the plaintiff, Marlene Alsup, and Emilie Woodhead and Joan Fife appeared on behalf of the defendant, U.S. Bank.
During the hearing, the plaintiff referred the court to Diaz v. Federal Express Corp.,
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