Moyle

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT

On October 28, 2016, Defendants filed a supplemental brief in support of their mo *1004 tion for summary judgment following remand. (Dkt. No. 296.) On November 10, 2016, Plaintiffs 'filed a supplemental brief in opposition to Defendants’ motion for summary judgment following remand. (Dkt. No. 298.) On November 18, 2016, Defendants filed a reply brief. (Dkt. No. 299.) A hearing was held on December 16, 2016. (Dkt. .No. 301.) At the hearing, the Court noted additional briefing was needed on certain issues, and on December 19, 2016, the Court issued an order directing the parties to address three issues that were not fully briefed in their supplemental briefs. 1 (Dkt. No. 302.) On January 6, 2017, Defendants filed a supplemental brief in response »to the Court’s order. (Dkt. No. 304.) Plaintiffs filed a response and Defendants filed a reply. (Dkt. Nos. 305, 307.) After a review of all the briefs, supporting documentation, hearing oral argument, and the applicable law, the Court GRANTS in part and DENIES in part Defendants’ supplemental motion for summary judgment following…