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APTER v. U.S. DEP'T OF HEALTH AND HUMAN SERVICES

No. 3:22-cv-184.

644 F.Supp.3d 361 (2022)

Robert APTER, et al., Plaintiffs, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, S.D. Texas, Galveston Division.

Signed December 6, 2022.

Attorney(s) appearing for the Case

Jared Kelson , Pro Hac Vice, Washington, DC, Jonathan A. Berry , Pro Hac Vice, Michael B. Buschbacher , Pro Hac Vice, R. Trent McCotter , C. Boyden Gray , Pro Hac Vice, Boyden Gray & Associates, PLLC, Washington, DC, for Plaintiffs.

Isaac Belfer , Pro Hac Vice, DOJ-Crt, Civil Division, Consumer Protection Branch, Washington, DC, Oliver McDonald , Pro Hac Vice, DOJ-Civ, Consumer Protection Branch, Washington, DC, for Defendants.

Andrew L. Schlafly , Attorney at Law, Far Hills, NJ, for Amicus Association of American Physicians and Surgeons.

David A. Dalia , David A. Dalia, Attorney at Law, New Orleans, LA, for Amicus America's Frontline Doctors.

MEMORANDUM OPINION AND ORDER

The defendants have moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Dkt. 25. The motion is granted.

I. Background

The plaintiffs, Robert L. Apter, Talley Bowden, and Paul E. Marik, have sued the Department...

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