OPINION
IRENAS, Senior District Judge.
Pending before the Court is the Defendants' Motion to Dismiss, or in the alternative, Motion for Summary Judgment. Also pending before the Court is the Plaintiffs' Cross Motion for Summary Judgment. For the reasons set forth below, the Defendants' Motion to Dismiss will be granted, and therefore the Plaintiffs' Cross Motion will be denied as moot.
I.
The parties agree on the relevant facts. Plaintiff...
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