MEMORANDUM OPINION AND ORDER
NUGENT, District Judge.
This matter comes before the Court upon Defendant's Motion for Summary Judgment, (Doc. # 125), and Plaintiff's Cross-Motion for Summary Judgment, (Doc. # 128). For the reasons stated below, Plaintiff's Motion for Summary Judgment is GRANTED in its entirety. Accordingly, Defendant's Cross-Motion for Summary Judgment is thereby DENIED.
I. BACKGROUND1
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