ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
SUSAN ILLSTON, District Judge.
On May 14, 2008, the Court heard argument on the parties' cross-motions for partial summary judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS plaintiffs motion for summary judgment and DENIES defendant's motion for summary judgment.
BACKGROUND
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