Opinion
Civil Action 23-1438
02-27-2024
ORDER
GENE E.K. PRATTER, United States District Judge
AND NOW, this 27th day of February 2024, upon consideration of Plaintiff s Motion for Summary Judgment (Doc. No. 5) and Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. 10), for the reasons explained in the accompanying memorandum, it is hereby ORDERED as follows:
1. Plaintiffs Motion for Summary Judgment (Doc. No. 5) is DENIED;
2. Defendant's Motion to Dismiss (Doc. No. 10) is GRANTED IN PART and DENIED IN PART as follows:
a. Counts I, II, III, IV, IX, XIV, and XX are DISMISSED WITH PREJUDICE;
b. Counts XIII, XV, and XVI are DISMISSED WITHOUT PREJUDICE;
c. The Motion to Dismiss (Doc. No. 10) is DENIED with respect to Counts V, VI, VII, VIII, X, XI, XII, XVII, XVIII, and XIX.