OPINION
CARMODY, United States Magistrate Judge.
This matter is before the Court on Defendant's Motion for Summary Judgment. (Dkt. 41). On December 27, 2005, the parties consented to proceed in this Court for all further proceedings, including trial and an order of final judgment. 28 U.S.C. § 636(c)(1). By Order of Reference, the Honorable Richard Alan Enslen referred this case to the undersigned. (Dkt.# 28). For the reasons articulated...
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