MEMORANDUM OPINION
FACCIOLA, United States Magistrate Judge.
This case was referred to me by Judge Sullivan for all purposes including trial pursuant to LCvR 73.1(a). I herein resolve Defendant's Motion for Partial Summary Judgment. For the reasons set forth below, defendant's motion for partial summary judgment will be granted in part and denied in part.
FACTS
There is no genuine issue as to the following facts:
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