OPINION AND ORDER
JOHN E. STEELE, District Judge.
This matter comes before the Court on defendant's Motion for Partial Summary Judgment (Doc. #30) filed on August 13, 2009. Plaintiff filed a Memorandum of Law in Opposition (Doc. #32) on August 27, 2009, and defendant filed a Reply (Doc. #37) on September 8, 2009, with leave of Court.
I.
Summary judgment is appropriate only when the Court is satisfied that "there is no genuine issue...
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