OPINION AND ORDER
ANDREW P. RODOVICH, United States Magistrate Judge.
This matter is before the court on the Motion to Dismiss Plaintiffs' Complaint for Lack of Subject Matter Jurisdiction [DE 19] filed by the defendant, Town of Merrillville, Indiana, on January 6, 2009, and the Motion to Strike [DE 22] filed by the plaintiffs, Golemine, Inc. and Antwan Thorbs, on January 24, 2009. For the reasons set forth below, the motion to dismiss is
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