ORDER
VICTORIA A. ROBERTS, District Judge.
I. INTRODUCTION
This matter is before the Court on cross Motions for Summary Judgment filed by the parties. The Motions were referred to Magistrate Steven Whalen, pursuant to 28 U.S.C. § 636(b)(1)(B), for a Report and Recommendation ("R & R"). On August 5, 2009, the Magistrate Judge issued an R & R recommending that the Court: (1) deny Plaintiff's Motion, (2) grant Defendant's Motion...
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