MEMORANDUM OPINION
ROYCE C. LAMBERTH, District Judge.
This matter comes before the Court on defendant's motion to dismiss, or in the alternative, for summary judgment, plaintiff's opposition, and the reply thereto. Upon consideration of the filings, the entire record herein and the relevant law, the Court will deny defendant's motion to dismiss and grant defendant's motion for summary judgment.
I. Procedural Posture
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