MEMORANDUM AND ORDER
ANITA B. BRODY, District Judge.
I. Background
This an action for a declaratory judgment. For the purposes of their respective summary judgment motions, the parties have stipulated to the following facts. On September 29th and into the early morning hours of September 30th 2001, defendant Ginger Katzenmoyer ("Katzenmoyer") attended a party at the residence of defendant Donald Drumheller ("Drumheller") at 451 Mayberry...
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