AMENDED ORDER
TRAXLER, District Judge.
This matter is before me on the motion of the defendant ("Exxon") for summary judgment pursuant to Fed.R.Civ.P. 56.
I. SUMMARY JUDGMENT STANDARD
The standard for granting summary judgment is well known.
Fed.R.Civ.P. 56(c) states, as to a party who has moved for summary judgment:
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