Defendants’ Motion to Dismiss the Revised Amended

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Opposed Defendants' Motion to Dismiss the Revised Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim, Document 38 filed December 17, 2021 in America's Frontline Doctors against the United States of America, Civil Action 2:21-CV-702-CLM, in the U.S. District Court for the Northern District of Alabama, Southern Division. All Defendants move under Federal Rule of Civil Procedure 12, through Trial Attorney Isaac C. Belfer and Senior Trial Attorney James W. Harlow of the Consumer Protection Branch, Civil Division, U.S. Department of Justice. The motion states that its grounds are set forth in a concurrently filed Memorandum of Law, supporting declarations, and exhibits.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

AMERICA’S FRONTLINE
DOCTORS, et al.,

Plaintiffs,

v.

UNITED STATES OF AMERICA, et
al.,

Defendants.

CIVIL ACTION NO.
2:21-CV-702-CLM
OPPOSED

DEFENDANTS’ MOTION TO DISMISS THE REVISED AMENDED
COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION
AND FAILURE TO STATE A CLAIM
COMES NOW all Defendants, by and through Isaac C. Belfer, Trial Attorney,
and James W. Harlow, Senior Trial Attorney, Consumer Protection Branch, Civil
Division, U.S. Department of Justice, and file this Motion to Dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(1) and (b)(6).1 The grounds for this Motion
to Dismiss are more fully set forth in the concurrently filed Memorandum of Law,
the supporting declarations, and the exhibits attached thereto.

1 Pursuant to the Court’s Order (ECF No. 34), Defendants are filing a consolidated memorandum
of law in support of their Motion to Dismiss and in opposition to Plaintiffs’ Motion for a
Preliminary Injunction (ECF No. 37).
FILED
 2021 Dec-17  PM 01:00
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 2:21-cv-00702-CLM   Document 38   Filed 12/17/21   Page 1 of 4

2

Dated: December 17, 2021

OF COUNSEL:
DANIEL BARRY
Acting General Counsel
U.S. Department of Health and Human
Services
WENDY VICENTE
Acting Deputy Chief Counsel,
Litigation
JAMES ALLRED
Associate Chief Counsel
Office of the Chief Counsel
U.S. Food and Drug Administration
10903 New Hampshire Avenue
White Oak 31
Silver Spring, MD 20993-0002

Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

ARUN G. RAO
Deputy Assistant Attorney General
GUSTAV W. EYLER
Director
HILARY K. PERKINS
Assistant Director
/s/ Isaac C. Belfer

ISAAC C. BELFER
Trial Attorney
/s/ James W. Harlow

JAMES W. HARLOW
Senior Trial Attorney
Consumer Protection Branch
Civil Division
U.S. Department of Justice
P.O. Box 386
Washington, DC 20044-0386
Tel: (202) 305-7134 (Belfer)
Tel: (202) 514-6786 (Harlow)
Fax: (202) 514-8742
Email: Isaac.C.Belfer@usdoj.gov
Email: James.W.Harlow@usdoj.gov

PRIM F. ESCALONA
United States Attorney
DON B. LONG, III
Assistant United States Attorney
United States Attorney’s Office
Northern District of Alabama
1801 Fourth Avenue North
Case 2:21-cv-00702-CLM   Document 38   Filed 12/17/21   Page 2 of 4

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Birmingham, Alabama 35203
Tel: (205) 244-2106
Fax: (204) 244-2171
Email: Don.Long2@usdoj.Gov

Counsel for Defendants Xavier Becerra,
Secretary of Health and Human
Services, in his official capacity only;
Dr. Anthony Fauci, Director of the
National Institute of Allergy and
Infectious Diseases, in his official
capacity only; Dr. Janet Woodcock,
Acting Commissioner of Food and
Drugs, in her official capacity only; the
U.S. Department of Health and Human
Services; the Food and Drug
Administration; the Centers for Disease
Control and Prevention; the National
Institutes of Health; and the National
Institute of Allergy and Infectious
Diseases
Case 2:21-cv-00702-CLM   Document 38   Filed 12/17/21   Page 3 of 4

CERTIFICATE OF SERVICE
I hereby certify that on December 17, 2021, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, which will send notification
of such filing to counsel of record.

/s/ James W. Harlow

JAMES W. HARLOW
Senior Trial Attorney

Case 2:21-cv-00702-CLM   Document 38   Filed 12/17/21   Page 4 of 4

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