Memorandum Opinion and Order

Currently pending before the Court is Plaintiff's Motion to Dismiss or Alternatively Motion to Remand and Supply Memorandum. Also currently pending before the Court is Defendant Indemnity Insurance Company of North America 's Motion to Dismiss With Prejudice. In response to Plaintiff's Motion and in support of its own Motion, Defendant Indemnity Insurance Company of North America filed Defendant Indemnity Insurance Company of North America's Response to Defendant's [sic] Motion to Dismiss or Alternatively Motion to Remand and Supply Memorandum and in Support of Defendant's Motion to Dismiss with Prejudice. In reply thereto, Plaintiff filed Plaintiff's Reply to Defendant Indemnity Insurance Company of North America's Motion to Dismiss With Prejudice. Having reviewed the aforementioned motions, as well as ll relevant case and statutory law, the Court is now prepared to issue its decision.