REPORT and RECOMMENDATION
LESLIE G. FOSCHIO, Magistrate Judge.
JURISDICTION
This action was referred to the undersigned by Honorable Richard J. Arcara on September 18, 2012. (Doc. No. 5). The matter is presently before the court on motions for judgment on the pleadings, filed on February 16, 203, by Plaintiff (Doc. No. 7), and on May 6, 2013, by Defendant (Doc. No. 11).
BACKGROUND
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