“ At this juncture, it would be premature to require respondents to file a response to petitioners’ motion for summary judgment. Proceedings in the instant case are currently stayed, pursuant to Judge Kessler’s June 9, 2005 order. See dkt. no. 20. While respondents do not oppose the lifting of the stay, requiring respondents to provide a basis at this time for the Court to evaluate the question of whether or not there are factual issues in dispute in the instant case would be premature. ”