MEMORANDUM OPINION
ROYCE C. LAMBERTH, Chief Judge.
Before the Court is plaintiffs' Motion [14] for Summary Judgment and defendant's Cross-Motion [19] for Summary Judgment. Upon consideration of the motions, the record herein, and the applicable law, the Court will DENY plaintiffs' Motion for Summary Judgment and GRANT defendant's Cross-Motion for Summary Judgment for the reasons set forth below.
I. BACKGROUND
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