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NEW JERSEY PHYSICIANS, INC. v. OBAMA

Civil Action No. 10-1489 (SDW) (MCA).

757 F.Supp.2d 502 (2010)

NEW JERSEY PHYSICIANS, INC., Mario A. Criscito, M.D., and Patient Roe, Plaintiffs, v. Barack H. OBAMA, President of the United States, in his official capacity; the Hon. Timothy Geithner, Secretary of the Treasury of the United States, in his official capacity; the Hon. Eric Holder, Attorney General of the United States, in his official capacity; and the Hon. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, in her official capacity, Defendants.

United States District Court, D. New Jersey.

December 8, 2010.

Attorney(s) appearing for the Case

Robert J. Conroy, Conroy & Schoppmann, PC, Steven I. Kern, Kern, Augustine, Conroy & Schoppmann, P.C., Bridgewater, NJ, for Plaintiffs.

Michelle Renee Bennett, U.S. Department of Justice, Washington, DC, for Defendants.

OPINION

WIGENTON, District Judge.

Before the Court is Defendants' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). This Court has jurisdiction under 28 U.S.C. §§ 1331, 2201, and 2202. Venue is proper pursuant to 28 U.S.C. § 1391. The Motion is decided without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons stated below, this Court grants Defendants' Motion to Dismiss.

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