ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFF
SPIEGEL, District Judge.
This matter is before the Court for consideration of cross-motions for summary judgment (doc. 7 and doc. 8). The defendant also filed a reply in support of its motion for summary judgment (doc. 9). For the reasons set forth below, the plaintiff's motion for summary judgment is hereby granted. The defendant's motion for summary judgment is denied.
BACKGROUND
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