Hootkins

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ALL PLAINTIFFS OUTSIDE THE NINTH CIRCUIT DENYING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS IN THE NINTH CIRCUIT AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ RENEWED MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION AND BACKGROUND

On August 30, 2007, plaintiffs, on behalf of themselves and others similarly situat ed, filed the instant class action case. On January 28, 2008, the Court denied plaintiffs’ motion for summary judgment without prejudice to its being renewed. On March 17, 2008, the Court granted in part and denied in part defendants’ motion to dismiss plaintiffs’ complaint. Specifically, the Court granted defendants’ motion to dismiss plaintiffs Hootkins’, Moncayo-Gigax, Vargas de Fisher’s, Lockett’s, Brenteson’s, Win’s, Engstrom’s, Pointdexter’s, Rudl’s, Standifer’s, and Batool’s claims under the Administrative Procedure Act (“APA”) for lack of final agency action, but denied defendants’ motion to dismiss plaintiffs claims under the Mandamus Act and denied defendants’ motion to dismiss the claims of those plaintiffs residing outside of the…