ORDER
RAMIREZ, United States Magistrate Judge.
Pursuant to the consent of the parties and the District Court's Order of Reassignment, dated and filed December 7, 2004, this matter was transferred to the undersigned United States Magistrate Judge for the conduct of all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c). The following pleadings are presently before the Court:
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