Memorandum Opinion and Order

Pending before the court are cross-motions for summary judgment filed by defendant Rachel E. Auxier (docket #50) and defendants David W. Gordon and Kristopher Gordon (docket # 55). The parties consented to proceeding before a magistrate judge (docket # 18), pursuant to 28 U.S.C. § 636(c)(1), and the motions are now ripe for decision.  For the reasons set forth below, the first motion is GRANTED and the latter is DENIED.