ORDER
LEIGHTON, District Judge.
This matter comes before the Court on competing motions to dismiss pursuant to Fed. R Civ. P. 12(b)(6), and motions for summary judgment. [Dkt. # s. 10, 12, 16 and 34]. The material facts are not in dispute and having reviewed the written and oral presentations of the parties, the Court hereby renders the following decision.
FACTUAL AND PROCEDURAL BACKGROUND
On or about September 12, 2005, defendant Terri...
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