AMENDED OPINION
DENNIS M. CAVANAUGH, District Judge.
This case comes before the Court on Defendants' Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6). The motion was decided without oral argument pursuant to Fed. R. Civ. P. 78. After careful review of the parties' submissions and based upon the following, Defendants' motion is granted.
I. BACKGROUND AND PROCEDURAL HISTORY 1
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