At&T CORP. v. City of Toledo

MEMORANDUM OPINION

KATZ, District Judge.

Pending before the Court is Defendant’s motion to dismiss Plaintiffs complaint (Doc. No. 8), to which Plaintiff has filed a response (Doc. No. 14), Defendant, a reply (Doc. No. 17), and Plaintiff, a surreply (Doc. No. 19). Defendant has filed a motion to strike portions of Plaintiffs surre-ply (Doc. No. 20), to which Plaintiff has filed a response (Doc. No. 21), and Defendant, a reply (Doc. No. 22). For the reasons stated below, Defendant’s motion to dismiss is granted. Defendant’s motion to strike is denied as moot.

Background

In 2001, as the result of a…