UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

THE NATIONAL RIFLE ASSOCIATION ) 

OF AMERICA POLITICAL VICTORY ) 

FUND and THE NATIONAL RIFLE ) 

ASSOCIATION OF AMERICA, ) 

) 

) 

Plaintiffs, ) 

) 

v. ) Case No. 1:22-cv-01017 

) 

FEDERAL ELECTION COMMISSION, ) 

) 

Defendant. ) 

) 

STIPULATION OF SETTLEMENT AND DISMISSAL 

Plaintiffs, the National Rifle Association of America Political Victory Fund and the 

National Rifle Association of America (collectively, “Plaintiffs”), and Defendant Federal Election 

Commission (“Defendant”), by and through their respective attorneys, hereby stipulate and agree 

as follows in this lawsuit under the Freedom of Information Act (“FOIA”). 

1. Defendant shall pay Plaintiffs the total amount of $25,000.00 (the “Settlement 

Amount”), pursuant to 5 U.S.C. § 552(a)(4)(E). Plaintiffs agree to accept the Settlement Amount 

as full and complete satisfaction of Plaintiffs’ claims in the above-captioned matter, including any 

claim for attorneys’ fees, costs, and litigation expenses, and that the Settlement Amount is 

inclusive of any interest. 

2. Defendant shall pay the Settlement Amount to Plaintiffs as soon as reasonably 

practicable, consistent with its normal processing procedures, by an electronic transfer of funds as 

specified in instructions provided to counsel for the Defendant by Plaintiffs’ counsel in writing. 

Case 1:22-cv-01017-EGS Document 34 Filed 08/08/23 Page 1 of 5
Plaintiffs and Plaintiffs’ counsel shall be responsible for any distribution of the Settlement Amount 

among themselves. Payment of the Settlement Amount shall constitute full and final settlement of 

all claims by Plaintiffs in the above captioned matter, including any claim for fees, costs, and 

expenses incurred by Plaintiffs in this action and Defendant shall have no liability for any further 

amounts related to this litigation. 

3. Upon the execution of this agreement, Plaintiffs hereby release and forever 

discharge the Defendant and its officers, employees, and agents from any and all claims and causes 

of action that Plaintiffs assert or could have asserted in this litigation, or which hereinafter could 

be asserted by reason of, or with respect to, or in connection with, or which arise out of the specific 

FOIA requests on which this action is based, including, but not limited to, any claim for 

attorneys’ fees, costs, or litigation expenses in connection with the above-captioned litigation. 

4. This agreement is not, is in no way intended to be, and should not be construed as 

evidence or as an admission of liability or fault on the part of the Defendant, its agents, servants, 

employees, or officers regarding any issue of law or fact, or regarding the truth or validity of any 

allegation or claim raised in this action, or as evidence or as an admission by the Defendant 

regarding Plaintiffs’ entitlement to attorneys’ fees and other litigation costs under the FOIA. This 

agreement is entered into by the Parties for the purpose of compromising disputed claims and 

avoiding the expense and risks of further litigation and shall not be used in any manner to establish 

liability for fees, amounts, or hourly rates in any other case or proceeding involving the 

Defendant. The agreement is understood not to preclude or prevent Plaintiffs from seeking, 

through Freedom of Information Act or other means, records not sought in the records requests 

that gave rise to this Civil Action. 

Case 1:22-cv-01017-EGS Document 34 Filed 08/08/23 Page 2 of 5
5. Plaintiffs represent and warrant that they are the sole and lawful owner of all rights, 

title, and interests in and to every claim and other matter that they purport to release herein, and 

that they have not heretofore assigned or transferred, or purported or attempted to assign or transfer 

to any person or entity any claims or other matters herein released. 

6. Compliance with all applicable federal, state, and local tax requirements shall be 

the sole responsibility of the Plaintiffs. This agreement is executed without reliance upon any 

representation by Defendant as to tax consequences, and Plaintiffs are responsible for the payment 

of any taxes that may be associated with the settlement payment. 

7. This agreement contains the entire agreement between the Parties hereto, and 

Plaintiffs acknowledge and agree that no promise or representation not contained in this agreement 

has been made to them and acknowledge and represent that this agreement contains the entire 

understanding between the Parties, and contains all terms and conditions pertaining to the 

compromise and settlement of the disputes referenced herein. No statement, remark, agreement, 

or understanding, oral or written, that is not contained herein shall be recognized or enforced, nor 

does this agreement reflect any agreed upon purpose other than the desire of the Parties to reach a 

full and final conclusion of the litigation and to resolve that suit without the time and expense of 

further litigation. 

8. The Parties agree that this agreement will not be used as evidence or otherwise in 

any pending or future civil or administrative action against the United States, the Defendant, or 

any agency or instrumentality of the United States, except an action to enforce the terms of this 

Stipulation of Settlement. The Defendant expressly reserves the right to contest any hourly 

attorneys’ fee rate sought in any other case, and nothing contained herein is intended as an 

admission that any such rate is reasonable under the FOIA or any other fee-shifting statute. 

Case 1:22-cv-01017-EGS Document 34 Filed 08/08/23 Page 3 of 5
9. Each Party agrees to take such actions and to execute such additional documents as 

may be necessary or appropriate to fully effectuate and implement the terms of this agreement. 

10. This agreement may be executed in two or more counterparts, each of which shall 

be deemed to be an original and all of which together shall be deemed to be one and the same 

agreement. A facsimile, electronic, or other duplicate of a signature shall have the same effect as 

a manually executed original. 

11. Upon execution of this agreement by all Parties hereto, this agreement shall be 

binding upon and inure to the benefit of the Parties and their respective heirs, personal 

representatives, administrators, successors, and assigns. Each signatory to this agreement 

represents and warrants that he or she is fully authorized to enter into this agreement on behalf of 

his or her client(s). 

12. Execution of this agreement by counsel for Plaintiffs and by counsel for the 

Defendant shall constitute a dismissal with prejudice of all claims asserted against Defendant in 

this action, as well as the dismissal of this action with prejudice, pursuant to Federal Rule of Civil 

Procedure 41(a)(1)(A)(ii). The Parties agree that this Stipulation of Dismissal and Settlement will 

be filed on the Court docket by Defendant promptly after the Stipulation has been fully executed 

by the Parties. 

IN WITNESS WHEREOF, the parties hereto, by and through their authorized counsel, 

intend to be legally bound and have executed this stipulation effective August 8 , 2023. 

Lisa J. Stevenson (D.C. Bar No. 457628) 

Acting General Counsel 

lstevenson@fec.gov

Kevin Deeley

/s/ Charles R. Spies 

Charles R. Spies 

DC Bar No. 989020 

Rock A. Wood* 

Robert L. Avers 

Dickinson Wright PLLC 

1825 Eye Street, NW, Ste 900 

Case 1:22-cv-01017-EGS Document 34 Filed 08/08/23 Page 4 of 5
Washington, DC 20006 

cspies@dickinsonwright.com 

rwood@dickinsonwright.com 

(202) 466-5964 

Attorneys for Plaintiffs 

Associate General Counsel 

kdeeley@fec.gov

Harry J. Summers Assistant 

General Counsel 

kdeeley@fec.gov

*Admitted Pro Hac Vice /s/ Greg J. Mueller 

Greg J. Mueller (D.C. Bar. No. 462840)

Attorney 

gmueller@fec.gov

COUNSEL FOR DEFENDANT 

FEDERAL ELECTION COMMISSION

1050 First Street, NE 

Washington, DC 20463

(202) 694-1650

Case 1:22-cv-01017-EGS Document 34 Filed 08/08/23 Page 5 of 5