MEMORANDUM ORDER
KAY, United States Magistrate Judge.
This case is before the Court by consent of the parties to proceed before a United States Magistrate Judge, filed on March 25, 2003. The Defendant filed a Motion for Summary Judgment ("Motion") [30] on July 14, 2004. The Plaintiff filed his Memorandum in Opposition ("Opposition") [32] on August 6, 2004, and the Defendant filed its Reply to the Opposition ("Reply") [33] on August 21, 2004.
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