ORDER
McDADE, District Judge.
Before the Court are Cross-Motions for Summary Judgment by the parties (# 42-1 and # 46-1) and Defendant's Motion Requesting Court to Take Judicial Notice (# 52). For the reasons that follow, the Court grants Defendant's Motion for Summary Judgment (# 46-1) and denies Plaintiff's Motion for Summary Judgment (# 42-1). Defendant's Request for Judicial Notice (# 52) is moot.
JURISDICTION
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