Accordingly, After the close of briefing on Defendants' motion to dismiss, but prior to the Ninth Circuit's decision in Veterans for Common Sense, this Court rendered its decision in Recinto v. The U.S. Dept. of Veterans Affairs, No. 10-4542 SBA, 2011 WL 1599635, (N.D. Cal., Apr. 28, 2011). To the extent that Recinto has any bearing on Defendants' arguments, the parties should discuss Recinto as well.