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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MISSOURI
`EASTERN DIVISION
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`THE STATE OF MISSOURI, et al.,
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` Plaintiffs,
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`JOSEPH R. BIDEN, JR., in his official
`capacity as President of the United States,
`et al.,
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` Defendants.1
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`Case No. 4:21-cv-00287-AGF
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`DEFENDANTS’ MOTION TO DISMISS
`Defendants move to dismiss Plaintiffs’ Amended Complaint, ECF No. 6, in its entirety, for
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`lack of subject-matter jurisdiction (under Federal Rule of Civil Procedure 12(b)(1)) and for failure to
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`state a claim upon which relief can be granted (under Federal Rule of Civil Procedure 12(b)(6)). The
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`reasons for Defendants’ motion are set forth in Defendants’ Combined Memorandum of Law in
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`Support of Motion to Dismiss and in Opposition to Plaintiffs’ Motion for a Preliminary Injunction.
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`Defendants’ combined brief is being filed concurrently with this motion, pursuant to the Court’s May
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`5, 2021 Order, ECF No. 22.
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`1 Pursuant to Federal Rule of Civil Procedure 25(d), Shalanda Young (Acting Director of the
`Office of Management and Budget) and Dr. Eric S. Lander (Director of the Office of Science and
`Technology Policy) are automatically substituted as Defendants in their official capacities for their
`predecessors, Robert Fairweather and Kei Koizumi (respectively).
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`Case: 4:21-cv-00287-AGF Doc. #: 27 Filed: 06/04/21 Page: 2 of 2 PageID #: 592
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`Dated: June 4, 2021
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` Respectfully submitted,
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` BRIAN M. BOYNTON
` Acting Assistant Attorney General
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` SAYLER A. FLEMING
` United States Attorney
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` ERIC WOMACK
` Assistant Branch Director
` Federal Programs Branch
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` /s/ Stephen M. Pezzi_
` STEPHEN M. PEZZI, #84311 (VA)
` CODY T. KNAPP, #5715438 (NY)
` Trial Attorneys
` United States Department of Justice
` Civil Division, Federal Programs Branch
` 1100 L Street NW
` Washington, DC 20005
` Phone: (202) 305-8576
` Email: stephen.pezzi@usdoj.gov
` Email: cody.t.knapp@usdoj.gov
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` Attorneys for Defendants
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`2
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