OPINION AND ORDER
GARCIA-GREGORY, District Judge.
Pending before the Court is the Department of Education's Motion to Set Aside Judgment Pursuant to Fed.R.Civ.Proc. 60(b)(4) (Docket No. 30) and a Magistrate Judge's Report and Recommendation (Docket No. 41) advising the Court to grant the motion. For the reasons stated below, the Court hereby
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