MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT
PHILIP R. MARTINEZ, District Judge.
On this day, the Court considered Defendant John M. McHugh's "Motion to Dismiss and for Summary Judgment" (ECF No. 23) [hereinafter "Motion"], filed on September 4, 2013; Plaintiff Shannon K. Lutman's "Response to Defendant's Motion to Dismiss and for Summary Judgment" (ECF No. 28) [hereinafter "Response"], filed on October 7, 2013; and Defendant's "Reply...
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