ORDER
CARL B. RUBIN, Chief Judge.
This matter is before the Court on plaintiff's and defendant's cross motions for summary judgment (doc. nos. 24 and 25) and their respective reply memoranda (doc. nos. 27 and 28).
The summary judgment procedure under Federal Rule of Civil Procedure 56 is designed to secure a just, speedy, and inexpensive determination of any action. Celotex Corp. v. Catrett,
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