This issue became moot when [defendant] filed it’s unopposed motion to
withdraw it’s Eleventh Amendment immunity assertions.

How do people get all the way through law school without understanding its v. it's? Misuse of either should result in automatic bar failure.

Plaintiffs rely on [affiant's] affidavit which is not only inadmissible
hearsay, it is incorrect.

Counsellor, I can excuse a failure to pair "not only" with "but also." It happens, though I don't like it. You have also, however, managed to generate both a comma splice and a comma omission in the same sentence. Wow.