ROBERT J. WARD, District Judge.
Defendant Philip Click ("Click") moves for summary judgment pursuant to Rule 56, Fed.R.Civ.P. Plaintiff Benjamin Perrotta ("Perrotta") cross-moves for summary judgment against defendant Click and for a declaratory judgment against defendants Ivan Irizarry ("Irizarry"), Harry Tishelman ("Tishelman"), and Morton Bock ("Bock") for failure to interpose an answer.
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