OPINION AND ORDER GRANTING THE UNITED STATES OF AMERICA’S MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT AND CROSS-CLAIMS ASSERTED BY CO-DEFENDANTS (Doc. 23) Plaintiffs, Gertetta Green-Page and Ka’Sean Anthony, bring this action against the United States of America (the “USA”) and others alleging violations of their constitutional rights as well as state law tort claims arising out of the execution of a search warrant at their residence. Pending before the court is the USA’s motion to dismiss the state law tort claims asserted against it in the Fourth through Ninth Causes of Action in Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or, in the alternative, to dismiss the Amended Complaint for improper service of process pursuant to Fed. R. Civ. P. 12(b)(5). The USA also moves to dismiss any cross-claims asserted against it by its co-Defendants County of Erie, Erie County Sheriff’s Department, City of Buffalo, and Buffalo Police Department (collectively, the “Municipal Defendants”). On June 23, 2021, Plaintiffs opposed the motion to dismiss, and on June 30, 2021, the USA filed a reply, at which time the court took the pending motion under advisement. The Municipal Defendants take no position on the pending motion. Plaintiffs are represented by Steven M. Cohen, Esq. The USA is represented by Assistant United States Attorney Mary K. Roach. Defendants County of Erie and Erie County Sheriff’s Department are represented by Thomas J. Navarro, Esq. Defendants City of Buffalo and Buffalo Police Department are represented by Maeve Eileen Huggins, Esq. and Christopher R. Poole, Esq. I. Procedural Background. On September 13, 2019, Plaintiffs submitted a Notice of Claim to the Federal Bureau of Investigation (“FBI”), the Drug Enforcement Administration (“DEA”), and the Municipal Defendants. The Notice of Claim set forth the time, place, nature, and manner in which the Plaintiffs’ claims arose but did not contain a request for a sum certain of damages. On September 27, 2019, the DEA advised Plaintiffs’ counsel of its receipt of the Notice of Claim and informed counsel that a SF 95 Form containing a sum certain of damages must be completed. A copy of the SF 95 Form was forwarded to Plaintiffs’ counsel but was not filled out and returned. On June 18, 2020, Plaintiffs filed their Complaint in New York State Supreme Court. On July 6, 2020, the FBI and DEA removed the action to federal court. On October 26, 2020, the FBI and DEA moved to substitute the USA as a Defendant in their place and to dismiss Plaintiffs’ Complaint for improper service of process, lack of subject matter jurisdiction, and failure to state a claim upon which relief could be granted. On May 10, 2021, this court issued an Opinion and Order (Doc. 20) granting the motion to substitute and dismiss, finding that Plaintiffs failed to properly serve the USA, Plaintiffs’ constitutional claims (First and Second Causes of Action)1 were barred by sovereign immunity, and Plaintiffs’ state law tort claims (Fourth through Ninth Causes of Action) were barred because Plaintiffs failed to satisfy the Federal Tort Claims Act’s (the “FTCA”) presentment requirement which requires that a Notice of Claim include a sum certain of damages. The court granted Plaintiffs leave to amend their Complaint and noted that it would reconsider Plaintiffs’ request for an extension of time in which to perfect service of process in the event Plaintiffs filed an Amended Complaint. On May 28, 2021, Plaintiffs filed an Amended Complaint.2 In their Fourth through Ninth Causes of Action in the Amended Complaint, Plaintiffs assert the same state law tort claims against the USA which the court previously dismissed.3 II. Allegations in the Amended Complaint. Plaintiff Page is the grandmother of Plaintiff Anthony. At approximately 6:00 a.m. on June 19, 2019, Plaintiffs were “asleep in their bedrooms in their home located at 43 Schauf Street, Lower in Buffalo, New York” when they were awakened by the sound of “an unknown number of agents or officers of Defendants busting through the front door with a battering ram.” (Doc. 21 at 4,
