MEMORANDUM AND ORDER
EARL E. O'CONNOR, District Judge.
This matter is before the court on plaintiff's motion for partial summary judgment (Doc. # 26) and defendant's motion for summary judgment (Doc. # 25). As an initial matter, defendant's request for oral argument will be denied because the court has determined that oral argument will not be of material assistance in resolving the motion. After careful consideration of the parties' briefs, the court...
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