ORDER
LOUISE W. FLANAGAN, Chief Judge.
This matter is before the court on the parties' cross motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (DE # 20, 22). These motions were referred to Magistrate Judge Robert B. Jones, Jr., who filed a memorandum and recommendation ("M & R") on July 14, 2009. The magistrate judge recommended granting plaintiffs motion for judgment on the pleadings, denying defendant's motion...
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