"ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will grant in part and deny in part the defendant's motion to dismiss, and grant in part and deny in part the plaintiff's motion for summary judgment. Accordingly, it is hereby ORDERED that the 16 Defendant's Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks dismissal of the Count I of the Complaint in this case. The motion is DENIED in all other respects. It is further ORDERED that the 18 Plaintiff's Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks summary judgment as to Count II of the Complaint in this case. The motion is DENIED in all other respects. It is further ORDERED that this Order is not a final ! Order subject to appeal. Signed by Judge Reggie B. Walton on March 31, 2023. (lcrbw3) (Entered: 03/31/2023)"
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