Case 1:13-cv-00825-ABJ Document 16 Filed 09/24/13 Page 1 of 50 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GILBERTE JILL KELLEY et al., Plaintiffs, v. Civil Action No. 13-cv-825 (ABJ) THE FEDERAL BUREAU OF INVESTIGATION et al., Defendants. DEFENDANTS’ MOTION TO DISMISS COUNTS I THROUGH VII OF PLAINTIFFS’ COMPLAINT Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, defendants, the Federal Bureau of Investigation, Robert S. Mueller, III, in his official capacity as the Director of the FBI, the Department of Defense, and the United States of America respectfully move to dismiss Counts I through VII of plaintiffs’ complaint, ECF No 1, for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. Points and authorities in support of defendants’ motion are presented in the attached Memorandum in Support. September 24, 2013 Respectfully Submitted, STUART F. DELERY Assistant Attorney General JOHN R. TYLER Assistant Branch Director /s/ Peter J. Phipps PETER J. PHIPPS (DC Bar #502904) Senior Trial Counsel U.S. Department of Justice, Civil Division Case 1:13-cv-00825-ABJ Document 16 Filed 09/24/13 Page 2 of 50 Federal Programs Branch Tel: (202) 616-8482 Fax: (202) 616-8470 Email:
[email protected] Mailing Address: P.O. Box 883 Ben Franklin Station Washington, DC 20044 Courier Address: 20 Massachusetts Ave., NW Washington, DC 20001 Attorneys for Defendants Case 1:13-cv-00825-ABJ Document 16 Filed 09/24/13 Page 3 of 50 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GILBERTE JILL KELLEY et al., Plaintiffs, v.