MEMORANDUM DECISION
SAM, District Judge.
This matter is before the court on defendant Cincinnati Fan's motion for summary Judgment. The court has received and reviewed the parties' briefs, including the supplemental briefs requested by the court and, pursuant to D. Ut. 202(d), the motion will be determined by the court on the basis of the written memoranda of the parties without the assistance of oral argument.
I. Brief Factual Summary
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