Todd v. Heekin

OPINION AND ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT

SPIEGEL, District Judge:

This matter came before the Court for a hearing on cross-motions for summary judgment filed by plaintiff (doc. 23) and defendant (doc. 37) and plaintiff’s memorandum in opposition to defendant’s motion (doc. 39). After reading all of the pleadings and papers filed by the parties and for reasons described below, this Court concludes that both motions should be denied.

The narrow question which we must decide is whether there is “no genuine issue as to any material fact and [whether either of] the moving partpes]…