OPINION
POLLAK, District Judge.
The three above-captioned cases have been consolidated for pre-trial purposes. Presently before this court are two motions: defendant's motion to dismiss, or alternatively motion for summary judgment, in Hesling v. Seidenberger, # 04-4874, and plaintiff's objections to Chief Magistrate Judge M. Faith Angell's denial of leave to amend her complaint in Hesling v. Massaro, # 03-5795.
For the reasons discussed...
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