REPORT and RECOMMENDATION
LESLIE G. FOSCHIO, Magistrate Judge.
JURISDICTION
This action was referred to the undersigned by Honorable Richard J. Arcara on July 27, 2012. (Doc. No. 6). The matter is presently before the court on motions for judgment on the pleadings, filed on January 31, 2013, by Defendant (Doc. No. 12), and on February 7, 2013, by Plaintiff (Doc. No. 15).
BACKGROUND
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