ORDER
MCCUSKEY, District Judge.
This case is before the court for ruling on cross motions for judgment on the pleadings. Following this court's careful review of the documents submitted by the parties and the arguments of the parties, this court rules as follows: (1) Defendant Timothy Allen's Motion for Judgment on the Pleadings (# 5) is DENIED; and (2) Plaintiffs Cross-Motion for Judgment on the Pleadings (# 9) is GRANTED.
FACTS
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