MEMORANDUM
A. RICHARD CAPUTO, District Judge.
Presently before the Court are Cross-Motions for Summary Judgment. (Docs. 12 and 14.) For the reasons discussed below, Plaintiffs' Summary Judgment Motion will be granted and Defendant's Summary Judgment Motion will be denied.
BACKGROUND
I. Factual Background
The facts in the case have been stipulated to by the parties per a Stipulated Order filed on October 21, 2010...
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