OPINION AND ORDER
JOHN E. STEELE, District Judge.
This matter comes before the Court on Plaintiff's Motion and Memorandum in Support of Summary Judgment Against Defendant (Doc. #65) filed on February 7, 2011. Defendant filed a Response (Doc. #71) on April 12, 2011. With leave of Court, Plaintiff filed a Reply (Doc. #74) on April 14, 2011, and Defendant filed a Sur-Reply (Doc. #78) on May 10, 2011.
I.
Summary judgment...
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