MEMORANDUM AND ORDER
EARL E. O'CONNOR, District Judge.
This matter is before the court on defendant's motion for summary judgment (Doc. # 42). Plaintiff has responded and opposes the motion. Having reviewed the motion, defendant's briefs in support thereof, plaintiff's brief in response, and exhibits, the court is now prepared to rule. For the reasons set forth below, defendant's motion is granted.
Count I of plaintiff's complaint alleges...
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