UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JENNIFER VANDERSTOK et al.,

 Plaintiffs, Case No. 4:22-cv-00691-O

 v.

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States et al., 

 Defendants.

DEFENDANTS’ ANSWER TO PLAINTIFFS’ AMENDED PETITION 

FOR JUDICIAL REVIEW OF AGENCY ACTION AND REQUEST FOR 

DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

Defendants Merrick Garland, in his official capacity as Attorney General of the United States; 

Steven Dettelbach, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in 

his official capacity; the United States Department of Justice; and ATF (collectively, Defendants), 

hereby answer Plaintiffs’ Amended Complaint, ECF No. 93, as follows. 

The first unnumbered paragraph consists of Plaintiffs’ characterization of this action, to which 

no response is required. To the extent a response is deemed required, the allegations in this paragraph 

are denied. 

1. This paragraph consists of legal conclusions and of Plaintiffs’ characterization of a 

constitutional provision, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited constitutional provision for a full and 

accurate statement of its contents, and otherwise the allegations in this paragraph are denied. 

2. This paragraph consists of legal conclusions and of Plaintiffs’ characterization of a 

sentence excerpted from presidential remarks, to which no response is required. To the extent a 

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response is deemed required, Defendants respectfully refer the Court to the cited presidential remarks

for a full and accurate statement of their contents, and otherwise the allegations in this paragraph are

denied.

3. This paragraph consists of Plaintiffs’ characterization of this action and also of legal 

conclusions, to which no response is required. To the extent a response is deemed required, the 

allegations in this paragraph are denied.

4. This paragraph consists of Plaintiffs’ characterization of a statute and a regulation, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

5. This paragraph consists of Plaintiffs’ characterization of a statute, to which no 

response is required. To the extent a response is deemed required, Defendants respectfully refer the 

Court to the cited statute for a full and accurate statement of its contents, and otherwise the allegations 

in this paragraph are denied.

6. This paragraph consists of Plaintiffs’ characterization of this action, of a statute, and 

of Final Rule, Definition of “Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24,652

(Apr. 26, 2022) (Rule); and also consists of legal conclusions, to which no response is required. To 

the extent a response is deemed required, Defendants respectfully refer the Court to the cited legal 

provisions for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

7. This paragraph consists of Plaintiffs’ characterization of an ATF website page and of 

a statute and the Rule, and also consists of legal conclusions, to which no response is required. To 

the extent a response is deemed required, Defendants respectfully refer the Court to the cited website 

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page and legal provisions for a full and accurate statement of their contents, and otherwise the 

allegations in this paragraph are denied.

8. This paragraph consists of Plaintiffs’ characterization of a statute and the Rule, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

9. This paragraph consists of Plaintiffs’ characterization of a statute and the Rule, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

10. This paragraph consists of Plaintiffs’ characterization of a statute and a legal brief; and 

consists also of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

11. This paragraph consists of Plaintiffs’ characterization ofthis action and of various legal 

provisions, and consists also of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal provisions for 

a full and accurate statement of their contents, and otherwise the allegations in this paragraph are 

denied.

12. Defendants lack knowledge or information sufficient to form a belief as to the truth 

of the allegations contained in this paragraph, and therefore deny them.

13. Defendants lack knowledge or information sufficient to form a belief as to the truth 

of the allegations contained in this paragraph, and therefore deny them.

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14. Defendants lack knowledge or information sufficient to form a belief as to the truth 

of the allegations contained in this paragraph, and therefore deny them, except to admit that Plaintiff 

Tactical Machining, LLC has previously submitted items to ATF for classification. 

15. Defendants lack knowledge or information sufficient to form a belief as to the truth 

of the allegations contained in this paragraph, and therefore deny them, except to admit that Plaintiff 

Firearms Policy Coalition, Inc. submitted a comment in response to Proposed Rule, Definition of 

“Frame or Receiver” and Identification of Firearms, 86 Fed. Reg. 27,720 (May 21, 2021) (Notice).

16. Defendants admit that Defendant Merrick Garland is the Attorney General of the 

United States, that he is sued in his official capacity, that the Attorney General is head of the United 

States Department of Justice (DOJ), that ATF is a component of DOJ, and that ATF is responsible 

for administering and enforcing federal firearms laws, including the Gun Control Act and National 

Firearms Act. 

17. The allegations in this paragraph are admitted.

18. Defendants admit that Defendant Steven Dettelbach is the Director of ATF, that he 

is sued in his official capacity, and that as ATF Director, he is responsible for administering and 

enforcing federal firearms laws, including the Gun Control Act and National Firearms Act. 

19. The allegations in this paragraph are admitted.

20. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

21. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

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Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

22. This paragraph consists of Plaintiffs’ characterization of two statutory provisions, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited statutory provisions for a full 

and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

23. Defendants lack knowledge or information sufficient to form a belief as to the truth 

of the factual allegations contained in this paragraph, and therefore deny them. This paragraph 

otherwise consists of Plaintiffs’ characterization of a statute, and also consists of legal conclusions, to 

which no response is required. To the extent a response is deemed required, Defendants respectfully 

refer the Court to the cited statute for a full and accurate statement of its contents, and otherwise the 

remainder of this paragraph is denied.

24. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

25. This paragraph consists of Plaintiffs’ characterization of judicial decisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

26. This paragraph consists of Plaintiffs’ characterization of a law review article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited article for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

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27. This paragraph consists of Plaintiffs’ characterization of a statement by a witness 

before a congressional subcommittee and of a law review article, and also consists of legal conclusions, 

to which no response is required. To the extent a response is deemed required, Defendants 

respectfully refer the Court to the cited statement and article for a full and accurate statement of their

contents, and otherwise the allegations in this paragraph are denied.

28. This paragraph consists of Plaintiffs’ characterization of a law review article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited article for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

29. This paragraph consists of Plaintiffs’ characterization of a statute and an ATF website 

page, and also consists oflegal conclusions, to which no response is required. To the extent a response 

is deemed required, Defendants respectfully refer the Court to the cited statute and website page for 

a full and accurate statement of their contents, and otherwise the allegations in this paragraph are 

denied.

30. This paragraph consists of Plaintiffs’ characterization of two statutes and of an ATF 

website page, and also consists of legal conclusions, to which no response is required. To the extent 

a response is deemed required, Defendants respectfully refer the Court to the cited statutes and 

website page for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

31. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

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32. This paragraph consists of Plaintiffs’ characterization of statutory provisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited provisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

33. This paragraph consists of Plaintiffs’ characterization of two statutes, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statutes for a full and accurate statement of their

contents, and otherwise the allegations in this paragraph are denied.

34. This paragraph consists of Plaintiffs’ characterization of statutory provisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited provisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

35. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

36. This paragraph consists of Plaintiffs’ characterization of a judicial decision and a 

regulation, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited decision and 

regulation for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

37. This paragraph consists of Plaintiffs’ characterization of a sentence in a legal brief, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

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deemed required, Defendants respectfully refer the Court to the cited legal brief for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

38. Defendants admit that ATF maintains guides and images to convey and illustrate its 

treatment and classification of some firearms and some non-firearms. 

39. This paragraph consists of Plaintiffs’ characterization of an ATF website page and of 

a legal brief, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited website page and 

legal brief for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

40. This paragraph consists of Plaintiffs’ characterization of an ATF website page, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited website page for a full and 

accurate statement of its contents, and otherwise the allegations in this paragraph are denied.

41. This paragraph consists of Plaintiffs’ characterization of a website, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited website for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

42. This paragraph consists of Plaintiffs’ characterization of a news article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited news article for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

43. This paragraph consists of Plaintiffs’ characterization of a video on a news website, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

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deemed required, Defendants respectfully refer the Court to the cited video for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

44. This paragraph consists of Plaintiffs’ characterization of the Notice, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Notice for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

45. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

46. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

47. This paragraph consists of Plaintiffs’ characterization of a statutory provision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

48. This paragraph consists of Plaintiffs’ characterization of a regulation, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited regulation for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

49. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

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Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

50. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

51. This paragraph consists of Plaintiffs’ characterization of a statute and the Rule, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

52. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

53. This paragraph consists of Plaintiffs’ characterization of a statute, a legal dictionary, 

and a legal brief, and also consists of legal conclusions, to which no response is required. To the 

extent a response is deemed required, Defendants respectfully refer the Court to the cited materials 

for a full and accurate statement of their contents, and otherwise the allegations in this paragraph are 

denied.

54. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

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55. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

56. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

57. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

58. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

59. This paragraph consists of Plaintiffs’ characterization of the Rule and of an ATF 

website page, and also consists of legal conclusions, to which no response is required. To the extent 

a response is deemed required, Defendants respectfully refer the Court to the cited materials for a full 

and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

60. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

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61. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

62. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

63. This paragraph consists of Plaintiffs’ characterization of the Rule and of a statute, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

64. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

65. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

66. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

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67. This paragraph consists of Plaintiffs’ characterization of the Rule and of a legal brief, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited materials for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

68. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

69. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

70. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

71. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited legal brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

72. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

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73. The first sentence of this paragraph consists of Plaintiffs’ characterization of an ATF 

website page, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited website page for a full and accurate statement of 

its contents, and otherwise the allegations in this paragraph are denied. Defendants admit that the 

Rule was published in the Federal Register on April 26, 2022. The third sentence of this paragraph 

consists of Plaintiffs’ characterization of the Rule, and also consists of legal conclusions, to which no 

response is required. To the extent a response is deemed required, Defendants respectfully refer the 

Court to the Rule for a full and accurate statement of its contents, and otherwise the allegations in this 

paragraph are denied.

74. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

75. This paragraph consists of Plaintiffs’ characterization of the Rule and a statute, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal provisions for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

76. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

77. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

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Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

78. This paragraph consists of Plaintiffs’ characterization of the Notice, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Notice for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

79. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

80. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

81. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

82. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

83. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

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required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

84. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

85. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

86. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

87. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

88. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

89. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

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Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

90. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

91. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

92. This paragraph consists of Plaintiffs’ characterization of the Rule and a comment 

responding to the Notice, and also consists of legal conclusions, to which no response is required. To 

the extent a response is deemed required, Defendants respectfully refer the Court to the Rule and the 

cited comment for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

93. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

94. This paragraph consists of Plaintiffs’ characterization of a comment responding to the 

Notice, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited comment for a full 

and accurate statement of its contents, and otherwise the allegations in this paragraph are denied.

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95. This paragraph consists of Plaintiffs’ characterization of a comment responding to the 

Notice, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited comment for a full 

and accurate statement of its contents, and otherwise the allegations in this paragraph are denied.

96. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

97. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

98. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

99. This paragraph consists of legal conclusions, to which no response is required. To the 

extent a response is deemed required, the allegations in this paragraph are denied.

100. This paragraph consists of Plaintiffs’ characterization of the Rule and of judicial 

decisions, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

101. This paragraph consists of Plaintiffs’ characterization of judicial decisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

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required, Defendants respectfully refer the Court to the cited decisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

102. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

103. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

104. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

105. This paragraph consists of Plaintiffs’ characterization of the Rule and of judicial 

decisions, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

106. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

107. This paragraph consists of Plaintiffs’ characterization of the Rule and of a judicial 

decision, and also consists of legal conclusions, to which no response is required. To the extent a 

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response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[96].1 Defendants incorporate by reference their responses to paragraphs 1-107.

[97]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

[98]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[99]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[100]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[101]. This paragraph consists of Plaintiffs’ characterization of the Rule and a statute, and 

also consists of legal conclusions, to which no response is required. To the extent a response is 

1 Plaintiffs’ Amended Complaint mis-numbers the remaining paragraphs (108-176) as 96-164. To 

avoid confusion, this answer uses Plaintiffs’ incorrect paragraph numbering scheme in brackets.

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deemed required, Defendants respectfully refer the Court to the cited legal materials for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[102]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[103]. Defendants incorporate by reference their responses to all preceding paragraphs.

[104]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its 

contents, and otherwise the allegations in this paragraph are denied.

[105]. This paragraph consists of Plaintiffs’ characterization of a statute and a judicial 

decision, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[106]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[107]. This paragraph consists of Plaintiffs’ characterization of a statute and a judicial 

decision, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

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[108]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[109]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[110]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[111]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[112]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule and 

judicial decisions, and also consists of legal conclusions, to which no response is required. To the 

extent a response is deemed required, Defendants respectfully refer the Court to the cited legal 

materials for a full and accurate statement of their contents, and otherwise the allegations in this 

paragraph are denied.

[113]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

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23

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[114]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[115]. This paragraph consists of Plaintiffs’ characterization of the Notice and Rule, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the Notice and Rule for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[116]. Defendants incorporate by reference their responses to all preceding paragraphs.

[117]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its 

contents, and otherwise the allegations in this paragraph are denied.

[118]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[119]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

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[120]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[121]. This paragraph consists of Plaintiffs’ characterization of the Rule and of legal briefs, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited legal materials for a full and 

accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[122]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[123]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[124]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

[125]. This paragraph consists of Plaintiffs’ characterization of legislative materials, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited legislative materials for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

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[126]. This paragraph consists of Plaintiffs’ characterization of a legislative report, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited report for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[127]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[128]. This paragraph consists of Plaintiffs’ characterization of judicial decisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[129]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[130]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[131]. Defendants incorporate by reference their responses to all preceding paragraphs.

[132]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

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26

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

[133]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

[134]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[135]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[136]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[137]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[138]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

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27

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[139]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[140]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

[141]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[142]. Defendants incorporate by reference their responses to all preceding paragraphs.

[143]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

[144]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

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[145]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

[146]. This paragraph consists of Plaintiffs’ characterization of a statute, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited statute for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

[147]. This paragraph consists of Plaintiffs’ characterization of a judicial decision, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decision for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[148]. This paragraph consists of Plaintiffs’ characterization of judicial decisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[149]. This paragraph consists of Plaintiffs’ characterization of a law review article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited article for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[150]. This paragraph consists of Plaintiffs’ characterization of a law review article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited article for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

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[151]. This paragraph consists of Plaintiffs’ characterization of a law review article, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited article for a full and accurate statement 

of its contents, and otherwise the allegations in this paragraph are denied.

[152]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[153]. Defendants incorporate by reference their responses to all preceding paragraphs.

[154]. This paragraph consists of Plaintiffs’ characterization of the Rule, a statute, and a judicial 

decision; and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal provisions for 

a full and accurate statement of their contents, and otherwise the allegations in this paragraph are 

denied.

[155]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[156]. This paragraph consists of Plaintiffs’ characterization of a legal brief, and also consists 

of legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the cited brief for a full and accurate statement of its

contents, and otherwise the allegations in this paragraph are denied.

[157]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

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30

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

[158]. Defendants incorporate by reference their responses to all preceding paragraphs.

[159]. This paragraph consists of Plaintiffs’ characterization of a constitutional provision, 

and also consists of legal conclusions, to which no response is required. To the extent a response is 

deemed required, Defendants respectfully refer the Court to the cited provision for a full and accurate 

statement of its contents, and otherwise the allegations in this paragraph are denied.

[160]. This paragraph consists of Plaintiffs’ characterization of judicial decisions, and also 

consists of legal conclusions, to which no response is required. To the extent a response is deemed 

required, Defendants respectfully refer the Court to the cited decisions for a full and accurate 

statement of their contents, and otherwise the allegations in this paragraph are denied.

[161]. This paragraph consists of Plaintiffs’ characterization of the Rule and of judicial 

decisions, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[162]. This paragraph consists of Plaintiffs’ characterization of the Rule and of judicial 

decisions, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

[163]. This paragraph consists of Plaintiffs’ characterization of the Rule and of a judicial 

decision, and also consists of legal conclusions, to which no response is required. To the extent a 

response is deemed required, Defendants respectfully refer the Court to the cited legal materials for a 

full and accurate statement of their contents, and otherwise the allegations in this paragraph are denied.

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[164]. This paragraph consists of Plaintiffs’ characterization of the Rule, and also consists of 

legal conclusions, to which no response is required. To the extent a response is deemed required, 

Defendants respectfully refer the Court to the Rule for a full and accurate statement of its contents, 

and otherwise the allegations in this paragraph are denied.

The remainder of the complaint consists of a demand for relief, not allegations of fact to which 

a response is required. To the extent a response is deemed required, Defendants deny that Plaintiffs 

are entitled to the relief requested or any other relief whatsoever. 

Defendants specifically deny each and any allegation of the complaint not otherwise expressly 

admitted, qualified, or denied in this Answer.

DATED: November 10, 2022 Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

ALEXANDER K. HAAS

Director, Federal Programs Branch

LESLEY FARBY

Assistant Director, Federal Programs Branch

/s/ Daniel Riess 

DANIEL RIESS

MARTIN M. TOMLINSON

TAISA M. GOODNATURE

Trial Attorneys

Civil Division, Federal Programs Branch

U.S. Department of Justice

1100 L Street, NW

Washington, DC 20005

Phone: (202) 353-3098

Email: Daniel.Riess@usdoj.gov

Attorneys for Defendants

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CERTIFICATE OF SERVICE

On November 10, 2022, I electronically submitted the foregoing document with the clerk of 

court for the U.S. District Court, Northern District of Texas, using the electronic case filing system 

of the court. I hereby certify that I have served all parties electronically or by another manner 

authorized by Federal Rule of Civil Procedure 5(b)(2).

/s/ Daniel Riess

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