Motion to Dismiss — AAPS v. FDA

Summary

The federal defendants' motion to dismiss in Association of American Physicians & Surgeons v. Food & Drug Administration, et al., Case No. 1:20-cv-493-RJJ-SJB, U.S. District Court for the Western District of Michigan, Southern Division, dated July 10, 2020 and filed 07/10/20 (ECF No. 10). The defendants ask the Court to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim. The motion says the grounds are set out in a brief filed at the same time. It is submitted by Justice Department Consumer Protection Branch trial attorney James W. Harlow, with HHS and FDA counsel listed of counsel.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF MICHIGAN 
SOUTHERN DIVISION 
 
 
Association of American Physicians & Surgeons, 
 
 
 
 
 
Plaintiff, 
 
v. 
 
Food & Drug Administration, et al., 
 
 
 
 
 
Defendants. 
 
 
 
 
 
Case No. 1:20-cv-493-RJJ-SJB 
Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure 
to State a Claim Upon Which Relief Can Be Granted 
Defendants hereby move this Court to dismiss the complaint under Federal Rules 
of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and for 
failure to state a claim upon which relief can be granted. The grounds for this motion 
are fully set forth in Defendants’ contemporaneously filed brief. 
 
July 10, 2020 
Respectfully submitted, 
 
OF COUNSEL: 
 
ROBERT P. CHARROW 
 General Counsel 
 
STACY CLINE AMIN 
 Deputy General Counsel 
 U.S. Department of Health  
  and Human Services 
  
 Chief Counsel 
 Food and Drug Administration 
 
ETHAN P. DAVIS 
 Acting Assistant Attorney General 
 
MICHAEL D. GRANSTON 
 Deputy Assistant Attorney General 
 Civil Division 
 
GUSTAV W. EYLER 
 Director 
 
ANDREW E. CLARK 
 Assistant Director 
 
Case 1:20-cv-00493-RJJ-SJB   ECF No. 10 filed 07/10/20   PageID.502   Page 1 of 3

2 
 
ANNAMARIE KEMPIC 
 Deputy Chief Counsel, Litigation 
 
SAMANTHA HONG 
SUSAN WILLIAMS 
 Associate Chief Counsel 
 Office of the General Counsel 
 Food and Drug Division 
 10903 New Hampshire Avenue 
 Silver Spring, MD  20993 
s/ James W. Harlow 
JAMES W. HARLOW 
 Trial Attorney 
 Consumer Protection Branch 
 U.S. Department of Justice 
 P.O. Box 386 
 Washington, DC  20044-0386 
 (202) 514-6786 
 (202) 514-8742 (fax) 
 James.W.Harlow@usdoj.gov 
 
  
 
 
 
 
 
 
 
Case 1:20-cv-00493-RJJ-SJB   ECF No. 10 filed 07/10/20   PageID.503   Page 2 of 3

 
CERTIFICATE OF SERVICE 
I hereby certify that this document, filed through the CM/ECF system, will be sent 
via electronic mail to the registered participants as identified on the Notice of Electronic 
Filing. 
 
July 10, 2020 
 
 
 
 
s/ James W. Harlow 
  
 
 
 
 
 
JAMES W. HARLOW 
 
Case 1:20-cv-00493-RJJ-SJB   ECF No. 10 filed 07/10/20   PageID.504   Page 3 of 3

File and source

File

gov.uscourts.miwd.97901.10.0_1.pdf

Size

64,060 bytes

SHA-256

becf3cd5409e73612cde9fe2d66da836892ecf029ccec2cc62b78c0899bb550c

Our copy

gov.uscourts.miwd.97901.10.0_1.pdf

Original

archive.org