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)

Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STATE OF WASHINGTON, et al.,

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Plaintiffs,

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v.
UNITED STATES DEPARTMENT OF
STATE, et al.,

NO. C18-1115RSL
ORDER DENYING MOTION TO
COMPEL EXPEDITED
PRODUCTION OF
ADMINISTRATIVE RECORD

Defendants.

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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

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Munitions List (“USML”) to allow the distribution instructions for the automated production of

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3-D printed weapons is undoubtedly relevant to plaintiffs’ argument that the decision was

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arbitrary and capricious. Plaintiffs acknowledge, however, that their procedural claims for

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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

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defendants to divert their attention from the agreed-upon briefing schedule to identify, collect,

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and produce the administrative record, a task that will likely be complicated given the interplay

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of agency action and litigation. The motion to compel the expedited production of the

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ORDER - 1

Case 2:18-cv-01115-RSL Document 52 Filed 08/13/18 Page 2 of 2

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administrative record is therefore DENIED at this juncture. If defendants rely on the unproduced

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record to oppose plaintiffs’ request for a preliminary injunction and plaintiffs need the record on

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an expedited basis in order to rebut defendants’ factual representations, the Court will fashion

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appropriate relief at or after the hearing on August 21, 2018.

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Dated this 13th day of August, 2018.

A

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Robert S. Lasnik
United States District Judge

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ORDER - 2