This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT 

RESPOND to this e-mail because the mail box is unattended. 

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy 

permits attorneys of record and parties in a case (including pro se litigants) to receive one free 

electronic copy of all documents filed electronically, if receipt is required by law or directed by the 

filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each 

document during this first viewing. However, if the referenced document is a transcript, the free 

copy and 30 page limit do not apply.

U.S. District Court

District of Columbia

Notice of Electronic Filing 

The following transaction was entered on 10/9/2012 at 3:01 PM and filed on 10/9/2012 

Docket Text: 

MINUTE ORDER. The Court of Appeals remanded the case to this court directing it first 

to refer the matter to the agency for consideration of whether it intended to pursue 

rulemaking or defend the current regulation. [Dkt #65]. On October 4, 2012, the agency 

informed the court that it intended to defend the regulation. [Dkt #67]. Pursuant to the 

decision of the Court of Appeals that this case should not have been resolved at 

Chevron step one, then, this Court must now determine whether the regulation is 

reasonable and therefore entitled to deference under Chevron step two, see Chevron, 

U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843-44 (1984), and whether it 

survives arbitrary and capricious review under Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. 

State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 42-43 (1983). The parties have already 

briefed the Chevron step two and State Farm issues in connection with the motions for 

summary judgment, see e.g. Memorandum of Points and Authorities in Support of 

Plaintiff's Motion for Summary Judgment, [Dkt #20] at 27-35, and FEC's Memorandum in 

Support of its Motion for Summary Judgment and in Opposition to Plaintiff's Motion for 

Summary Judgment, [Dkt #25] at 28-42. As such, the Court now has the matter under 

advisement, and it will schedule additional argument if it considers it necessary after its 

review of the pleadings. However, on October 5, 2012, intervenor-defendant Center for 

Activity in Case 1:11-cv-00766-ABJ VAN HOLLEN v. FEDERAL ELECTION 

COMMISSION Order 

DCD_ECFNotice 

to: 

DCD_ECFNotice 

10/09/2012 03:02 PM 

Hide Details 

From: DCD_ECFNotice@dcd.uscourts.gov 

To: DCD_ECFNotice@dcd.uscourts.gov, 

Case Name: VAN HOLLEN v. FEDERAL ELECTION COMMISSION

Case Number: 1:11-cv-00766-ABJ

Filer:

WARNING: CASE CLOSED on 03/30/2012

Document Number:No document attached 

Page 1 of 2

file://C:\Users\rfreeman\AppData\Local\Temp\notesFCBCEE\~web2646.htm 10/12/2012
Individual Freedom ("CFIF") advised the Court that it has petitioned the FEC to engage 

in the very rulemaking the agency informed the Court the day before that it did not 

intend to undertake. The parties shall notify the court within two business days of any 

decision by the FEC on CFIF's petition. Signed by Judge Amy Berman Jackson on 

10/9/2012. (lcabj2) 

1:11-cv-00766-ABJ Notice has been electronically mailed to: 

David Brett Kolker dkolker@fec.gov, JSadio@fec.gov, RFreeman@fec.gov, vgraham@fec.gov 

Holly Jean Baker hbaker@fec.gov, dkolker@fec.gov, hsummers@fec.gov, jsadio@fec.gov, 

rfreeman@fec.gov, vgraham@fec.gov 

Harry Jacobs Summers hsummers@fec.gov, dkolker@fec.gov, jsadio@fec.gov, rfreeman@fec.gov, 

vgraham@fec.gov 

Roger Michael Witten roger.witten@wilmerhale.com, whmao@wilmerhale.com 

Thomas Wesley Kirby tkirby@wileyrein.com, awoodson@wileyrein.com, cburns@wileyrein.com, 

jbaran@wileyrein.com 

Seth E. Nesin snesin@fec.gov, dkolker@fec.gov, jsadio@fec.gov, rfreeman@fec.gov, 

vgraham@fec.gov 

Jason B. Torchinsky jtorchinsky@holtzmanlaw.net, mbayes@holtzmanlaw.net 

Fiona J. Kaye fiona.kaye@wilmerhale.com 

1:11-cv-00766-ABJ Notice will be delivered by other means to:: 

Page 2 of 2

file://C:\Users\rfreeman\AppData\Local\Temp\notesFCBCEE\~web2646.htm 10/12/2012