California Rifle & Pistol Association, Incorporated v. Bureau of Alcohol Tobacco, Firearms and Explosives, et al

Filing 28

ORDER signed by Judge John A. Mendez on 1/12/2015 GRANTING defendants' 21 Request for Court to permit defendants to dispense with Local rule 260(a)'s requirement of filing a Statement of Undisputed Facts when they file their Motion to Dismiss or, alternatively, for Summary Judgment on 1/9/2015. (Marciel, M)

1 DIANE KELLEHER
LISA A. OLSON
2 U.S. Department of Justice
Civil Division, Federal Programs Branch
3 20 Mass. Ave., N.W., Room 7300
Washington, D.C. 20530
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA RIFLE & PISTOL
ASSOCIATION, INCORPORATED,
Plaintiff,

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v.
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BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES, et al.,

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Defendants.

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CASE NO. 1:14-cv-01211 JAM SAB
DEFENDANTS’ REQUEST FOR PERMISSION
TO DISPENSE WITH THE REQUIREMENT OF
FILING A STATEMENT OF UNDISPUTED
FACTS AND ORDER
Date:
Time:
Judge:
Crtrm:

March 25, 2015
9:30 a.m.
Honorable John A. Mendez
6, 14th Floor

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Defendants, through their attorneys, hereby respectfully submit their Request for Permission to

19 Dispense with the Requirement of Filing a Statement of Undisputed Facts as required under Eastern
20 District Local Rule 260(a) because this Court’s review of plaintiff's claims under the Administrative
21 Procedure Act (“APA”) is limited to the administrative record. “[R]equests to dispense with the
22 requirement of filing a statement of [undisputed] facts are routinely granted in this District” because
23 “[i]n APA cases, statements [of undisputed facts] are generally redundant because all relevant facts are
24 contained in the agency’s administrative record.” San Joaquin River Group. Auth. v. Nat’l Marine
25 Fisheries Serv., 819 F. Supp. 2d 1077, 1084 (E.D. Cal. 2011). Accordingly, defendants request that the
26 Court permit them to dispense with Local Rule 260(a)’s requirement of filing a Statement of Undisputed
27 Facts when they file their Motion to Dismiss, or Alternatively, for Summary Judgment on January 9, 2015.
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California Rifle & Pistol Assoc., Inc. v. ATF, et al,, No. 14-cv-01211 JAM-SAB

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DEFENDANTS’ REQUEST FOR PERMISSION TO DISPENSE WITH THE REQUIREMENT OF FILING A STATEMENT OF UNDISPUTED FACTS
AND [PROPSED] ORDER

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Dated: January 9, 2015

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Respectfully submitted,

By:

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/s/ Lisa A. Olson
LISA A. OLSON
DIANE KELLEHER
LISA A. OLSON
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave., N.W., Room 7300
Washington, D.C. 20530
Telephone: [phone]
Facsimile: [phone]

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ORDER

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IT IS SO ORDERED.

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Dated: 1/12/2015
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/s/ John A. Mendez_______________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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California Rifle & Pistol Association, Inc. v. ATF, et al., Case No: 1:14-cv-01211

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DEFENDANTS’ REQUEST FOR PERMISSION TO DISPENSE WITH THE REQUIREMENT OF FILING A STATEMENT OF UNDISPUTED FACTS
AND [PROPSED] ORDER