REPORT AND RECOMMENDATION
LEONARD T. STRAND, Magistrate Judge.
I. INTRODUCTION
This case is before me on plaintiff's motion (Doc. No. 17) to dismiss and for summary judgment. Defendant has filed a resistance (Doc. No. 20) and plaintiff has filed a reply (Doc. No. 24). The Honorable Donald E. O'Brien, Senior United States District Judge, has referred the motion to me pursuant to 28 U.S.C. § 636(b) to conduct any necessary hearings...
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