ORDER
J. RICH LEONARD, Bankruptcy Judge.
This matter came before the court on the motion to dismiss filed by Promenade at Surf City, LLC ("defendant") for failure to state a claim upon which relief may be granted, which B&K Coastal, LLC d/b/a Cape Fear Paving ("plaintiff") has opposed. At the conclusion of the hearing held on April 10, 2013 in Raleigh, North Carolina, the court took the matter under advisement.
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