Stewart v. Sullivan

POLITAN, District Judge.

This matter comes before the court on defendant’s, Louis M. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, motion to dismiss plaintiffs’ complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs have filed a cross-motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Based upon the reasons set forth below, defendant’s motion to dismiss is GRANTED and plaintiffs’ motion for summary judgment is DENIED.

The plaintiffs in this case are Lois J. Copeland,…