Opinion
Civil Action No. 04-1254 (RCL).
December 14, 2009
ORDER
Upon consideration of the parties' Cross-Motions [685, 686] for Judgment on the record, the oppositions thereto, the applicable law, and the entire record herein, it is hereby
ORDERED that the cross-motions are DENIED. It is clear that there are genuine issues of material fact in dispute. Accordingly, the Prehearing Conference will take place as previously scheduled on December 16, 2009, at 2:00 p.m., and the Merits Hearing will take place on December 21, 2009, at 10:00 a.m.
SO ORDERED.