ORDER
KOVACHEVICH, District Judge.
This action is before the Court on the Defendant's Motion for Summary Judgment, and incorporated memorandum of law (Dockets No. 18-19 & 21) and response thereto (Docket No. 28). This Court, having reviewed Defendant's motion and memorandum, and Plaintiff's response (Docket No. 28) does hereby find as follows:
BACKGROUND AND FACTS
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