DECISION AND ORDER
NANCY D. FREUDENTHAL, District Judge.
This matter is before the Court on the parties' Cross Motions for Summary Judgment. The Court having read the parties' submissions and the responses thereto, having heard oral argument of counsel and being otherwise fully advised, and in accordance with the oral ruling from the bench at the hearing, as reflected more fully on the record of the proceedings, hereby FINDS and ORDERS as follows:
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