OPINION
Barnett, Chief Judge:
Before the court are cross-motions for summary judgment. See Confid. Mem. of P. & A. in Supp. of Pl.'s Mot. for Summ. J. ("Pl.'s Mem."), ECF 28; Def.'s Cross-Mot. for Summ. J. and Resp. in Opp'n to Pl.'s Mot. for Summ. J. ("Def.'s Cross-Mem."),
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