SHERLEY et al v. SEBELIUS et al

Filing 22

MOTION to Dismiss by KATHLEEN SEBELIUS, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FRANCIS S. COLLINS, NATIONAL INSTITUTE OF HEALTH (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Womack, Eric)

SHERLEY et al v. SEBELIUS et al

Doc. 22

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JAMES L. SHERLEY, et al., Plaintiffs, v. KATHLEEN SEBELIUS, in her official capacity as Secretary of the Department of Health and Human Services, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 1:09-cv-01575-RCL

MOTION TO DISMISS Defendants respectfully move to dismiss the plaintiffs' Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). In support of this Motion, defendants respectfully refer the Court to the accompanying Memorandum of Law. A proposed order is also attached.

Dated: September 14, 2009

Respectfully submitted, TONY WEST Assistant Attorney General CHANNING D. PHILLIPS Acting United States Attorney /s/ Eric Womack SHEILA M. LIEBER, IL Bar No. 1567038 Deputy Director ERIC R. WOMACK, IL Bar No. 6279517 JOEL McELVAIN, DC Bar No. 448431 Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20001 Tel: [phone]

Dockets.Justia.com

Fax: [phone] Attorneys for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on September 14, 2009, I caused a true and correct copy of the foregoing Motion and the attached Memorandum in Support, Proposed Order, and accompanying Exhibit to be served on Plaintiffs' counsel electronically by means of the Court's ECF system.

/s/ Eric Womack ERIC R. WOMACK