ORDER GRANTING PLAINTIFF'S MOTION AND DENYING DEFENDANT'S MOTION
SPIEGEL, District Judge.
This matter is before the Court on the Defendant's Motion to Dismiss or for Summary Judgment (doc. 4), the Plaintiff's Response to the Defendant's Motion and Cross-Motion for Summary Judgment (doc. 5), and the Defendant's Reply in Support of its Motion and Response to the Plaintiff's Cross-Motion for Summary Judgment (doc. 8).
BACKGROUND
The...
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