OPINION & ORDER
FORESTER, Chief Judge.
This matter is before the Court upon the following motions: defendant's motion to dismiss [DE # 16] and plaintiffs' motion for summary judgment [DE # 13]. The plaintiffs have responded to the defendant's motion to dismiss and the time has expired for the defendant to file a reply. The plaintiffs' motion for summary judgment is fully briefed.
I. FACTUAL & PROCEDURAL BACKGROUND
The plaintiffs...
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