MEMORANDUM AND ORDER
LAKE, District Judge.
Pending before the court are Steven and Joanmarie Marks' Motion for Remand (Docket Entry No. 3) and Defendant's Motion for Summary Judgment, or in the Alternative, Motion to Consolidate (Docket Entry No. 8). Having reviewed the motions, the parties' responses, and the governing law, the court concludes that the motion to remand should be denied and the motion for summary judgment should be granted.
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