MARY McLAUGHLIN, District Judge
AND NOW, this 8th day of July, 2010, upon consideration of the parties' cross-motions for summary judgment (Docket Nos. 21 23), the parties' opposition briefs, and their briefs in reply thereto, the plaintiff's motion for leave to file a surreply (Docket No. 33), oral argument on the parties' motions, supplemental briefing by the parties, and for the reasons stated in a memorandum of law bearing today's date, IT IS HEREBY ORDERED that:
1. The defendant's motion for summary judgment (Docket No. 23) is GRANTED.
2. The plaintiff's motion for summary judgment (Docket No. 21) is DENIED.
3. The plaintiff's motion for leave to file a surreply (Docket No. 33) is DENIED AS MOOT.
4. Judgement is hereby entered for the defendant and against the plaintiff. This case is CLOSED.