Page:Thaler v. Perlmutter, Response to Motion for Summary Judgment.pdf/10

 {| Summary judgment is appropriate where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “The movant has the burden of showing that there is no genuine issue of fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). “When evaluating cross-motions for summary judgement, each motion is reviewed ‘separately on its own merits to determine whether [any] of the parties deserves judgment as a matter of law.” Fox Television Station, Inc. v. Filmon X LLC, 150 F. Supp. 3d 1, 11 (D.D.C. 2015) (quoting Family Trust of Mass., Inc. v. United States, 892 F. Supp. 2d 149, 154 (D.D.C. 2012)). Review under the Administrative Procedure Act (APA) is limited to a consideration of the administrative record. 5 U.S.C. § 706. And, in the context of an APA challenge to the denial of an application for copyright registration, the standard of review is whether the denial was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Id. Therefore, the Court must “determine whether or not as a matter of law the evidence in the administrative record permitted the agency to make the decision it did.” ''Kaiser Found. Hosps. v. Sebelius'', 828 F. Supp. 2d 193, 198 (D.D.C. 2011). “This standard of review is ‘narrow,’ and the court applying it ‘is not to substitute its judgment for that of the agency.’” Ardmore Consulting Group, Inc. v. Contreras-Sweet, 118 F. Supp. 3d 388, 393 (D.D.C. 2015) (quoting Motor Vehicle Mfrs. Ass’n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983)). The Supreme Court has held that “the agency must examine the relevant data and articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’” State Farm, 463 U.S. at 43. “Judicial review in APA cases is ‘[h]ighly deferential’ and ‘presumes the validity of agency action,’ permitting reversal only when ‘the agency’s decision is not supported by substantial
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