1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KRIS W. KOBACH,
v. UNITED STATES ELECTION ASSISTANCE COMMISSION,
CIVIL ACTION NO. 5:13-CV-4095-EFM-DJW
DEFENDANTS’ MOTION TO LIMIT COURT’S REVIEW TO THE AGENCY RECORD, TO LIMIT THE FEBRUARY 11-12, 2014 HEARING TO ORAL ARGUMENT, AND TO HOLD A STATUS CONFERENCE, AND MEMORANDUM IN SUPPORT THEREOF
Defendants United States Election Assistance Commission (“EAC”) and Alice Miller, Acting Executive Director of the EAC, respectfully move: (1) to limit the Court’s review of the EAC’s final agency action in this matter, ECF No. 129-1, to the administrative record, ECF Nos. 79, 80, 95, 82, 132; (2) to limit the previously noticed February 11-12, 2014, hearing, ECF No. 131, to oral argument; and (3) to hold a telephone status conference.
In support of their motion, Defendants state as follows:
This case involves a straightforward challenge to agency action under the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (“APA”). Plaintiffs Arizona and Kansas (collectively, “Plaintiffs” or “States”) requested that the U.S. Election Assistance Commission (“EAC”) amend
Counsel for the Defendants have notified the other parties of Defendants’ intention to file this motion. Counsel for Plaintiffs indicated that they opposed cancellation of the evidentiary hearing. Counsel for the ITCA, Project Vote, and Valle del Sol groups of Defendant-Intervenors indicated that they join in the motion as to the relief requested, but reserve the right to take different positions on the specific issues that the Defendants raise. Counsel for the League of Women Voters group of Defendant-Intervenors indicated that they take no position on the motion.
Case 5:13-cv-04095-EFM-TJJ Document 135 Filed 01/27/14 Page 1 of 13