DECISION AND ORDER
RANDA, Chief Judge.
This matter is scheduled for a telephonic final pretrial conference on February 7, 2007. Defendant Andrew R. Brookhouse ("A.Brookhouse"), was added to this action by an amended complaint filed with leave of the Court on August 17, 2006. A. Brookhouse then filed a motion to dismiss and a motion for summary judgment. A. Brookhouse's motions are addressed herein.
Motion for Summary Judgment
A....
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