Cloer et al v. United States of America

Filing 40

ORDER: Pending before the Court are Plaintiff Adam Cloer's ("Plaintiff") Motion for Leave to File First Amended Complaint 21 , which is unopposed and now GRANTED, and Defendant's Motion to Dismiss Plaintiff's First Amended C omplaint 22 . Defendant filed a Memorandum in Support of the Motion to Dismiss 23 . Plaintiff filed a Response in Opposition to Defendant's Motion to Dismiss 25 and Defendant filed a Reply 31 . Also pending before the Court is Plaintiff's Motion for Leave to File Surreply, which is GRANTED 35 . For the reasons stated below, Defendant's Motion to Dismiss is DENIED. Signed by Senior Judge John T. Nixon on 6/7/11. (tmw)

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