OPINION AND ORDER
BERTELSMAN, District Judge.
This matter is before the court on the motion of Defendants for summary judgment; the motion of Plaintiff for summary judgment based upon alleged discovery abuses; Plaintiff's objections to the Magistrate's Report and Recommendation; Plaintiff's motion to strike the affidavit of Gerhard A. Thelan; and Defendants' motion for a short extension of time. Oral argument on said motions was held August 29, 2002...
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