DECISION AND ORDER
HECKMAN, United States Magistrate Judge.
The parties have consented to have the undersigned conduct any and all proceedings in this case, including trial and order of entry of final judgment, in accordance with 28 U.S.C. § 636(c). Defendant has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, defendant's motion is denied.
BACKGROUND
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