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    4-26 Motion To Dismiss SC District Court

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    Basseem
    The Federal Defendants filed a motion to dismiss the plaintiff's complaint. They argue that the court lacks subject matter jurisdiction under Rule 12(b)(1) and that the plaintiff fails to state a claim under Rule 12(b)(6). The motion was filed by the U.S. Department of Health and Human Services, Administration for Children and Families, the HHS Secretary, and the ACF Principal Deputy Assistant Secretary in the U.S. District Court for South Carolina on April 26, 2019 in the case of Aimee Maddonna v. U.S. Department of Health and Human Services et al.

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    4-26 Motion To Dismiss SC District Court

    Uploaded by

    Basseem
    106 views2 pages
    The Federal Defendants filed a motion to dismiss the plaintiff's complaint. They argue that the court lacks subject matter jurisdiction under Rule 12(b)(1) and that the plaintiff fails to state a claim under Rule 12(b)(6). The motion was filed by the U.S. Department of Health and Human Services, Administration for Children and Families, the HHS Secretary, and the ACF Principal Deputy Assistant Secretary in the U.S. District Court for South Carolina on April 26, 2019 in the case of Aimee Maddonna v. U.S. Department of Health and Human Services et al.

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    4-26 Motion to Dismiss SC District Court

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    4-26 Motion to Dismiss SC District Court

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    The Federal Defendants filed a motion to dismiss the plaintiff's complaint. They argue that the court lacks subject matter jurisdiction under Rule 12(b)(1) and that the plaintiff fails to state a claim under Rule 12(b)(6). The motion was filed by the U.S. Department of Health and Human Services, Administration for Children and Families, the HHS Secretary, and the ACF Principal Deputy Assistant Secretary in the U.S. District Court for South Carolina on April 26, 2019 in the case of Aimee Maddonna v. U.S. Department of Health and Human Services et al.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    106 views2 pages

    4-26 Motion To Dismiss SC District Court

    Uploaded by

    Basseem
    The Federal Defendants filed a motion to dismiss the plaintiff's complaint. They argue that the court lacks subject matter jurisdiction under Rule 12(b)(1) and that the plaintiff fails to state a claim under Rule 12(b)(6). The motion was filed by the U.S. Department of Health and Human Services, Administration for Children and Families, the HHS Secretary, and the ACF Principal Deputy Assistant Secretary in the U.S. District Court for South Carolina on April 26, 2019 in the case of Aimee Maddonna v. U.S. Department of Health and Human Services et al.

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    6:19-cv-00448-TMC Date Filed 04/26/19 Entry Number 29 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF SOUTH CAROLINA
    GREENVILLE DIVISION

    AIMEE MADDONNA, ) Civil Action Number: 6:19-cv-00448-TMC


    )
    Plaintiff, )
    )
    vs. )
    )
    UNITED STATES DEPARTMENT OF )
    HEALTH & HUMAN SERVICES; )
    ALEX M. AZAR, II, in his official )
    capacity as Secretary of the )
    United States Department of Health )
    and Human Services; )
    Administration For Children and Families )
    Department of Health and Human Services; )
    STEVEN WAGNER, in his official )
    capacity as Principal Deputy Assistant )
    Secretary for the Administration for )
    Children and Families, )
    )
    Defendants. )

    FEDERAL DEFENDANTS’ MOTION TO DISMISS

    Defendants United States Department of Health and Human Services (“HHS”);

    Administration for Children and Families (“ACF”); Alex Azar, in his official capacity as Secretary

    of HHS; and Steven Wagner, in his official capacity as Principal Deputy Assistant Secretary of

    ACF (collectively the “Federal Defendants”), file this Motion to Dismiss under Federal Rules of

    Civil Procedure 12(b)(1) and 12(b)(6).

    For the reasons set forth in the attached Memorandum, Federal Defendants respectfully

    request that the Court dismiss Plaintiff’s Complaint against the Federal Defendants pursuant to

    1
    6:19-cv-00448-TMC Date Filed 04/26/19 Entry Number 29 Page 2 of 2

    Rule 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim.

    Dated: April 26, 2019 Respectfully submitted,

    JOSEPH H. HUNT
    Assistant Attorney General

    SHERRI A. LYDON
    United States Attorney

    By: s/ Christie V. Newman


    CHRISTIE V. NEWMAN (#5473)
    Assistant United States Attorney
    1441 Main Street, Suite 500
    Columbia, SC 29201
    Telephone: (803) 929-3021
    Email: Christie.Newman@usdoj.gov

    MICHELLE BENNETT
    Assistant Branch Director

    CHRISTOPHER A. BATES
    Senior Counsel to the Assistant Attorney General

    JAMES R. POWERS (TX Bar No. 24092989)*


    Trial Attorney
    Federal Programs Branch
    U.S. Department of Justice, Civil Division
    1100 L Street, NW, Room 11218
    Washington, DC 20005
    Telephone: (202) 353-0543
    Email: james.r.powers@usdoj.gov

    *Pro hac vice application forthcoming

    Counsel for Federal Defendants

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