Hoffman

I. BACKGROUND

1 The following discussion of background facts is based on the allegations contained in the 2 Complaint, the truth of which the Court accepts for purposes of resolving the Motion. See Boquist 3 v. Courtney, 32 F.4th 764, 772 (9th Cir. 2022). Plaintiff’s infant son received four doses of a 4 Hepatitis B vaccine. See Complaint at 5-6. Two months after administration of the fourth dose, 5 “lab work was run that showed the Child being neutropenic.” See id. at 5-7. Plaintiff 6 subsequently commenced this action against five federal agencies to recover for the harm suffered 7 by her and her son. See id. at 17. She claims that these agencies funded “medical 8 experimentation” that caused her son’s injuries. See id. at 2.

II. LEGAL STANDARD

10 Defendants move to dismiss the Complaint under Federal Rule of Civil Procedure 11 12(b)(1). See Motion at 1. However, their arguments implicate both Rules 12(b)(1) and 12(b)(6). 12 Accordingly, the Court will evaluate the Motion under both Rules. 13 Rule 12(b)(1). Under Rule 12(b)(1), a court must dismiss a complaint if it lacks subject- 14 matter jurisdiction over the claims asserted. A defendant can challenge a…