MEMORANDUM AND ORDER
EARL E. O'CONNOR, District Judge.
This matter is before the court on defendant's motion to dismiss and, in the alternative, for summary judgment (Doc. # 5). For the reasons set forth below, defendant's motion to dismiss will be denied and defendant's motion for summary judgment will be granted.
Factual Background
For purposes of this opinion, the following material facts are uncontroverted or deemed admitted...
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