Doe et al v. United States of America et alMOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a ClaimM.D.N.C.December 1, 2016UNITED STATES DISTRICT COURT DISTRICT OF KANSAS ----------------------------------------------------------------------- x 16 CV 2544 (CM) (TJJ) JOHN X. DOE, and JANE X. DOE, Plaintiffs, -against- UNITED STATES OF AMERICA, ROBERT McDONALD, Secretary of the Department of Veterans Affairs, and MARK E. WISNER, an individual, Defendants. ----------------------------------------------------------------------- x MOTION TO DISMISS Defendants the United States of America and Robert McDonald, by and through their undersigned attorneys, hereby move this Court to dismiss plaintiffs’ First Amended Complaint, with prejudice, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), for the reasons set forth in its Memorandum of Law in Support of its Motion to Dismiss, and the documents annexed thereto. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General JAMES G. TOUHEY, Jr. Director, Torts Branch RUPERT MITSCH Assistant Director, Torts Branch s/ Virginia J. Nimick ______________________________ VIRGINIA J. NIMICK Counsel for Defendant United States & Robert McDonald Trial Attorney United States Department of Justice Civil Division, Torts Branch P.O. Box 888 Washington, D.C. 20044-0888 Tel: (202) 616-4561 Case 2:16-cv-02544-CM-TJJ Document 11 Filed 12/01/16 Page 1 of 2 CERTIFICATE OF SERVICE I hereby certify that on December 1, 2016, the foregoing was electronically filed with the clerk of the court by using CM/ECF system which will send a notice of electronic filing to the following: Aaron C. McKee aaronmckee@mckee-law.com Attorney for Plaintiff I further certify that on this date the foregoing document and the notice of electronic filing were mailed by first-class mail to the following non-ECF participants: None. s/ Virginia J. Nimick ______________________ VIRGINIA J. NIMICK Counsel for Defendant United States & Robert McDonald Case 2:16-cv-02544-CM-TJJ Document 11 Filed 12/01/16 Page 2 of 2
