State of Washington et al v. United States Department of State et al

Filing 52

ORDER denying plaintiffs' #34 Motion to Compel Production of Administrative Record, signed by Judge Robert S. Lasnik. (SWT)

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Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 STATE OF WASHINGTON, et al., 8 Plaintiffs, 9 10 11 v. UNITED STATES DEPARTMENT OF STATE, et al., NO. C18-1115RSL ORDER DENYING MOTION TO COMPEL EXPEDITED PRODUCTION OF ADMINISTRATIVE RECORD Defendants. 12 13 14 15 16 17 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 18 Munitions List (“USML”) to allow the distribution instructions for the automated production of 19 3-D printed weapons is undoubtedly relevant to plaintiffs’ argument that the decision was 20 arbitrary and capricious. Plaintiffs acknowledge, however, that their procedural claims for 21 22 23 24 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 25 defendants to divert their attention from the agreed-upon briefing schedule to identify, collect, 26 and produce the administrative record, a task that will likely be complicated given the interplay 27 of agency action and litigation. The motion to compel the expedited production of the 28 ORDER - 1 Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 2 of 2 1 administrative record is therefore DENIED at this juncture. If defendants rely on the unproduced 2 record to oppose plaintiffs’ request for a preliminary injunction and plaintiffs need the record on 3 an expedited basis in order to rebut defendants’ factual representations, the Court will fashion 4 5 appropriate relief at or after the hearing on August 21, 2018. 6 7 Dated this 13th day of August, 2018. A 8 Robert S. Lasnik United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER - 2

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