UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
July 18, 2008
CITIZENS UNITED, PLAINTIFF,
FEDERAL ELECTION COMMISSION, DEFENDANT.
This case returns to us on cross motions for summary judgment. Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); Mills v. Winter, 540 F. Supp. 2d 178, 183 (D.D.C. 2008). There are no genuine issues of material fact presented in this case. Based on the reasoning of our prior opinion, we find that the Federal Election Commission is entitled to judgment as a matter of law. See Citizens United v. FEC, 530 F. Supp. 2d 274 (D.D.C. 2008) (denying Citizens United's request for a preliminary injunction). Therefore, plaintiff's motion  for summary judgment will be DENIED, and defendant's motion  for summary judgment will be GRANTED.*fn1 Accordingly, judgment will be entered for defendant.
A separate order shall issue this date.
Signed by United States Circuit Judge A. Raymond Randolph, and United States District Judges Royce C. Lamberth and Richard W. Roberts, on July 18, 2008.