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COMMONWEALTH OF VIRGINIA, )
ex rel. Kenneth T. Cuccinelli, II, in his official )
capacity as Attorney General of Virginia, )
)
Plaintiff, )
)
v. ) Civil Action No. 3:10-cv-00188-HEH
)
KATHLEEN SEBELIUS, Secretary of the )
Department of Health and Human Services, )
in her official capacity, )
)
Defendant. )
)
MOTION TO DISMISS
The defendant, Kathleen Sebelius, Secretary of the United States Department of Health
and Human Services, by the undersigned counsel, respectfully moves this Court for an order
dismissing this action for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1),
or, in the alternative, for failure to state a claim upon which relief may be granted pursuant to
Fed. R. Civ. P. 12(b)(6). In support of this motion, the defendant refers the Court to the
WHEREFORE, the defendant, by counsel and pursuant to Rules 12(b)(1) and 12(b)(6) of
the Federal Rules of Civil Procedure, respectfully requests that the Court issue an order
dismissing the above-captioned case, and for such other relief as the Court deems just and
proper.
Case 3:10-cv-00188-HEH Document 21 Filed 05/24/10 Page 2 of 3
Respectfully submitted,
TONY WEST
Assistant Attorney General
NEIL H. MacBRIDE
United States Attorney
2
Case 3:10-cv-00188-HEH Document 21 Filed 05/24/10 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 24th day of May, 2010, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system, which will send a notification of such filing