Memorandum Opinion and Order

Pending before the Court are Plaintiffs’ Motion for Partial Summary Judgment (ECF 7), Plaintiffs’ Supplemental Motion for Partial Summary Judgment (ECF 13), Defendant’s Motion to Dismiss and Motion to Abstain (ECF 23), and Defendant’s Cross-Motion for Summary Judgment (ECF 62).  A hearing was held on the motions on August 26, 2011.  All briefing has been submitted, and the issues are ripe for disposition.  For the reasons that follow, Plaintiffs’ motion for partial summary judgment is DENIED as moot; Plaintiffs’ supplemental motion is GRANTED in part and DENIED in part; Defendant’s motion to dismiss is GRANTED in part and DENIED in part; and Defendant’s cross-motion for summary judgment is GRANTED in part and DENIED in part.