December 30, 2013
JOHN R. PADOVA, District Judge.
AND NOW, this 30th day of December, 2013, upon consideration of Defendant's Motion to Dismiss (Docket No. 6), and all documents filed in connection therewith, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART as follows:
1. The Motion is GRANTED as to Count III of the Complaint and that Count is DISMISSED.
2. The Motion is DENIED as to Counts I and II of the Complaint.
3. Defendant's Motion for Leave to File a Reply Brief (Docket No. 12) is GRANTED. The Clerk shall enter the Reply Brief attached as Exhibit A to the Motion on the docket of this action.