ORDER
KATHLEEN CARDONE, District Judge.
On this day, the Court considered Defendant Ricardo R. Montalvo's ("Montalvo") Motion for Summary Judgment ("Montalvo's Motion"), ECF No. 65, and the Government's Motion to Dismiss or, in the alternative, Motion for Summary Judgment ("Government's Motion"), ECF No. 66. For the reasons set forth below, Montalvo's Motion is
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