MEMORANDUM OPINION
JOHN M. FACCIOLA, United States Magistrate Judge.
This case is before me for all purposes including trial. Currently pending and ready for resolution is Defendant's Notice of Refiling its Motion for Judgment as a Matter of Law or in the Alternative for New Trial, for Remittitur with References [sic] to the Trial Record [# 153]. For the reasons stated below, defendant's motion will be denied.
BACKGROUND
In 1997...
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