MEMORANDUM OPINION
KATZ, District Judge.
Pending before the Court is Defendant's motion for summary judgment (Doc. No. 40) as to which Plaintiff has filed an opposition (Doc. No. 44) and Defendant has filed a reply (Doc. No. 49). The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367. For the reasons stated below, Defendant's motion will be denied.
BACKGROUND
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