ORDER
GADOLA, District Judge.
Before the Court is Plaintiffs Motion for Summary Judgment. Also before the Court is Defendant's "Motion to Dismiss or for Summary Judgment." Both parties filed timely responses to the motions and timely reply briefs. The Court elects to proceed without a hearing. See E.D. Mich. LR 7.1(e)(2). For the reasons set forth below, the Court will grant Plaintiffs Motion and deny Defendant's Motion.
I. BACKGROUND...
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