Defendant's response to Plaintiff's Complaint challenging an agency decision could have been brought as a motion for summary judgment or a motion to dismiss. See, e.g., Occidental Eng'g Co., 753 F.2d at 770 (reviewing a district court's grant of summary judgment); Tolowa Nation, 380 F. Supp. 3d at 962 (ruling on parties' cross motions for summary judgment); Debry v. Dep't of Homeland Sec., 688 F. Supp. 2d 1103, 1111 (S.D. Cal. 2009) (ruling on an agency's motion to dismiss or, in the alternative, motion for summary judgment). Either motion would have required the Court to conduct the same analysis under the APA.