ORDER
GREGORY F. VAN TATENHOVE, District Judge.
This matter is before the Court on the Motions for Summary Judgment filed by the Plaintiff and the Defendant [R. 38-39]. The parties have fully briefed the Motions. For the reasons set forth below, and pursuant to Federal Rule of Civil Procedure 56, the Court will deny them both.
I.
BACKGROUND
This matter began as an original action in based on diversity jurisdiction as set forth...
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