OPINION
CARMODY, United States Magistrate Judge.
This matter is before the Court pursuant to Plaintiff's Motion for Summary Judgment and Defendant's Cross Motion for Summary Judgment. (Dkt.# 16, 21). On November 2, 2001, the parties consented to proceed before me for all further proceedings, including trial and an order of final judgment. 28 U.S.C. § 636(c)(1). By
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