ORDER & MEMORANDUM
RAINEY, District Judge.
Pending before the Court are Defendant's Motion for Summary Judgment (Dkt. entry # 11) and Plaintiff's Motion for Summary Judgment (Dkt. # 13).
Having reviewed the parties' motions, responses, and the applicable law, the Court finds that Plaintiff's Motion for Summary Judgment should be granted and Defendant's Motion for Summary Judgment should be denied.
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