OPINION AND ORDER
KARL S. FORESTER, Senior District Judge.
This matter is before the Court on the Cabinet's motion for summary judgment. For the reasons discussed below, the motion will be granted in part and denied in part.
I. BACKGROUND
The initial background facts of this case are set forth in the Court's June 20, 2012 Opinion, 2012 WL 2359439, granting a preliminary injunction [DE 67] and will not be repeated here. Subsequently...
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