Memorandum Opinion and Order

Currently pending before the court is the Amended Motion for Summary Judgment on behalf of Defendants with Regard to Counts I, III, IV, VI and VIII of Plaintiff’s Complaint and the Defendants’ Individual Liability, filed April 11, 2003.  (Docket Sheet Document # 54.)  The parties have responded (# 90) and replied (# 102) and, with leave of court, Plaintiff filed a surreply as well (# 106). Pursuant to 28 U.S.C. § 636(c)(1), the District Court, upon consent of the parties, designated the undersigned to conduct all proceedings in this matter.  (# 16.)