State of Washington et al v. United States Department of State et al
ORDER denying plaintiffs' #34 Motion to Compel Production of Administrative Record, signed by Judge Robert S. Lasnik. (SWT)
Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
STATE OF WASHINGTON, et al.,
UNITED STATES DEPARTMENT OF
STATE, et al.,
ORDER DENYING MOTION TO
This matter comes before the Court on “The States’ Motion to Compel Production of
Administrative Record in Accordance with 5 U.S.C. § 706.” Dkt. # 34. The record of the
decision-making process that led to the temporary and/or permanent revision of the United States
Munitions List (“USML”) to allow the distribution instructions for the automated production of
3-D printed weapons is undoubtedly relevant to plaintiffs’ argument that the decision was
arbitrary and capricious. Plaintiffs acknowledge, however, that their procedural claims for
preliminary relief can be decided without consideration of the administrative record.
Plaintiffs’ motion in support of their request for a preliminary injunction has already been
filed, and defendants’ opposition is due in two days. The Court will not require the federal
defendants to divert their attention from the agreed-upon briefing schedule to identify, collect,
and produce the administrative record, a task that will likely be complicated given the interplay
of agency action and litigation. The motion to compel the expedited production of the
ORDER - 1
Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 2 of 2
administrative record is therefore DENIED at this juncture. If defendants rely on the unproduced
record to oppose plaintiffs’ request for a preliminary injunction and plaintiffs need the record on
an expedited basis in order to rebut defendants’ factual representations, the Court will fashion
appropriate relief at or after the hearing on August 21, 2018.
Dated this 13th day of August, 2018.
Robert S. Lasnik
United States District Judge
ORDER - 2
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