KUCINICH et al v. OBAMA et al

Filing 8

MOTION to Dismiss by ROBERT GATES, BARACK OBAMA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Womack, Eric)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

DENNIS KUCINICH, et al.,

)
)
Plaintiffs,
)
)
v.
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)
BARACK OBAMA, et al.,
)
)
Defendants.
)
____________________________________)

Case No. 1:11-cv-01096 (RBW)

MOTION TO DISMISS
Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, defendants, by and
through undersigned counsel, hereby move to dismiss the above-captioned action. The grounds
for the motion are set forth in the accompanying memorandum of law. A proposed order is
attached.

DATED: August 19, 2011

Respectfully submitted,
TONY WEST
Assistant Attorney General
RONALD C. MACHEN JR.
United States Attorney
IAN HEATH GERSHENGORN
Deputy Assistant Attorney General
JOSEPH H. HUNT
Director, Federal Programs Branch
VINCENT M. GARVEY
Deputy Branch Director
/s/ Eric Womack
ERIC R. WOMACK, IL Bar No. 6279517
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20001
Tel: [phone]
Fax: [phone]
Counsel for Defendants

2

CERTIFICATE OF SERVICE
I hereby certify that on August 19, 2011, I caused a true and correct copy of the foregoing
Motion, the attached Memorandum in Support, and the attached Proposed Order to be served on
plaintiffs’ counsel electronically by means of the Court’s ECF system.

/s/ Eric Womack
ERIC R. WOMACK