MEMORANDUM OPINION
ROYCE C. LAMBERTH, Chief Judge.
Defendants object to the report and recommendation ("R & R") of Magistrate Judge Facciola, ECF No. 49, recommending that this Court deny the cross-motions for summary judgment pendente lite and remand the case. ECF No. 56. Because the defendant agency has taken actions which render this case moot, the Court overrules the R & R and dismisses the case.
I. BACKGROUND
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