ORDER
TROY L. NUNLEY, District Judge.
This matter is before the Court on a motion for summary judgment brought by Defendant Union Pacific Railroad Co. ("Defendant" or "Union Pacific"). (Def. Not. and Mot. Summ. J., ECF No. 29.) Plaintiff Kevin Smith ("Plaintiff") filed an opposition on December 30, 2013. (Pl.'s Mem. P.&A. in Response to Def.'s Mot. Summ. J., ECF No. 30.) Defendant filed a reply in response to Plaintiff's Response on January 3, 2014....
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