ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on defendant's Motion for Partial Summary Judgment, filed February 11, 2008 [DE # 29] and defendant's Motion for Partial Summary Judgment, filed June 20, 2008 [DE # 66]. The parties have filed appropriate responses and replies, and the time for further filings has expired. These matters are ripe for adjudication.
STATEMENT OF THE CASE
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