OPINION AND ORDER
DOMINGUEZ, District Judge.
Pending before the Court are three (3) motions: the first two (2) were filed by defendant, Sears, Roebuck & Co. ("Sears"), to wit, a motion to dismiss pursuant to FED.R.CIV.P. 12(b)(6), and another for summary judgment, filed under FED. R.CIV.P. 56. The other motion pending is a motion to extend time to oppose Sears' motion for summary judgment, filed by plaintiff. After carefully reviewing the record...
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