Motion to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim ( Responses Due by 6/22/2026) by the House Committee on Education and Workforce, Tim Walberg.(Berry, Matthew)

v.

TECHNOLOGY, et al.,

Defendants. Case No. 1:26-cv-11488-ADB CONGRESSIONAL DEFENDANTS’ MOTION TO DISMISS

PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6), and for the reasons set forth in the accompanying Memorandum of Points and Authorities, Congressional Defendants, the Committee on Education and Workforce of the U.S. House of Representatives and its Chairman Tim Walberg, move for an Order dismissing Count I of the Complaint, ECF 1.

Respectfully submitted, /s/ Matthew Berry MATTHEW B. BERRY General Counsel TODD B. TATELMAN Deputy General Counsel ANDY T. WANG Associate General Counsel ALICIA GARTEN Assistant General Counsel OFFICE OF GENERAL COUNSEL U.S. HOUSE OF REPRESENTATIVES 5140 O’Neill House Office Building Washington, D.C. 20515 (202) 225-9700 (telephone) [email protected] Counsel for Congressional Defendants

June 5, 2026

I certify that counsel for the parties have conferred in a good-faith effort to narrow or resolve the issues raised in this Motion.

/s/ Matthew Berry Matthew Berry CERTIFICATE OF SERVICE

I certify that on June 5, 2026, I caused the foregoing document to be filed via this Court’s CM/ECF system, which I understand caused service on all registered parties.

/s/ Matthew Berry Matthew Berry