DECISION AND ORDER
FOSCHIO, United States Magistrate Judge.
JURISDICTION
This matter was referred to the undersigned by the Hon. Richard J. Arcara on March 17, 1992 for report and recommendation on dispositive motions. On May 22, 1992, the parties filed a consent to proceed before the undersigned on dispositive motions. This matter is presently before the court on Defendant's motion for summary judgment, dated December 16, 1992.
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