MEMORANDUM AND ORDER
McNAUGHT, District Judge.
This matter came on to be heard on the parties' cross-motions for summary judgment. At the hearing the court read into the record a summary of the positions of the parties. Both counsel agreed to the accuracy of the summary; it, in substance, read as follows:
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.