16 June 09, 2014 Joint Assented to MOTION to Stay Litigation Pending Reconsideration by Defendant of Muzzle Device Classification
17 June 09, 2014  ENDORSED ORDER granting 9 Motion to Stay.

7. Therefore, the Parties have agreed to, and request the Court’s approval of, the
following terms:

a. The Court will stay the litigation until September 17, 2014.

b. On or before fourteen (14) calendar days from the date the Court grants this motion and approves the accompanying order, Sig Sauer will submit to ATF a muzzle device sample identical to that submitted to ATF in April 2013. Sig Sauer will provide ATF with authenticating information concerning the sample and any additional documents or information (beyond that previously submitted), for inclusion in the administrative record as part of ATF’s review upon reconsideration. ATF agrees that Sig Sauer may manufacture the muzzle device sample, if necessary, and send it via overnight mail, without further regulatory process or approval by the ATF, to: Earl Griffith, Chief, Firearms Technology Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.

c. On or before August 6, 2014, ATF will issue and provide to Sig Sauer a revised decision regarding Sig Sauer’s muzzle device.

d. If Sig Sauer disputes all or part of the new decision on reconsideration, Sig Sauer may file, in its sole discretion, a “Request for Reconsideration,” with ATF including additional information and documentation for consideration, within fourteen (14) calendar days of the decision. Alternatively, Sig Sauer may proceed with this court case, as set forth below. If Sig Sauer submits a Request for Reconsideration, ATF will have fourteen (14) calendar days to provide a written response to Sig Sauer’s request.

e. If Sig Sauer determines not to appeal the new decision provided by ATF, Sig Sauer will notify the agency, and the parties voluntarily will submit a Fed. R. Civ. P. 41 stipulation of dismissal within thirty (30) calendar days of the decision.

f. If Sig Sauer does not file a “Request for Reconsideration” or, in the alternative, disputes the ATF classification, Sig Sauer will have fourteen (14) calendar days to submit an amended complaint to this Court.

g. ATF will have fourteen (14) calendar days following the submission of Sig Sauer’s amended complaint to file its answer with the Court. At this time, ATF also shall file the administrative record for this case with the Court. The parties agree that the administrative record will consist of: Exhibits A-D of the complaint; any product sample and additional information Sig Sauer provides on reconsideration; any ATF documents, electronic or otherwise, that were reviewed, generated, or relied upon in rendering its decision in connection with Sig Sauer’s classification request; any ATF guidance, policies, or standard operating procedures applicable to the classification request; and such other documents or information as the parties may agree.

h. Following the submission of ATF’s answer and the administrative record, the case will be placed on the administrative track pursuant to LR 40.1. The parties will also request a conference with the Court to confer about the course of the case.