RULING ON PENDING MOTIONS
JANET BOND ARTERTON, District Judge.
Plaintiff Michael Serricchio brought this action against his former employer Prudential Securities, Inc. and its successor, Wachovia Securities, LLC, under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. § 4301 et seq., and state law. See generally Serricchio v. Wachovia Sees., LLC,
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