MEMORANDUM DECISION AND ORDER
DEE BENSON, District Judge.
Before the court are cross-motions for summary judgment. (Dkt. No. 18, 28.) The court heard oral argument on February 29, 2012. The court dismissed Chris Burbank from the case without prejudice, denied plaintiffs' res judicata argument and took the remainder of the arguments under advisement. The court now issues the following Memorandum Decision and Order.
BACKGROUND FACTS
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