ORDER ON MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
LAWRENCE J. O'NEILL, District Judge.
By notice filed on September 15, 2010, Defendant Merced Irrigation District ("MID") seeks summary judgment or in the alternative summary adjudication pursuant to Fed.R.Civ.P. 56 on plaintiff's complaint. Plaintiff Rodrigo Flores filed an opposition to the motion on October 15, 2010. Defendant filed a reply on November 1, 2010.
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