SUMMARY ORDER

Substantially for the reasons stated in the District Court’s Opinion and Order dated November 4, 2008, 594 F.Supp.2d 334, and Memorandum and Order dated January 28, 2009, 2009 WL 311362, we conclude that the defendant’s motion for judgment on the pleadings was properly granted. Accordingly, we AFFIRM the judgment of the District Court.