UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

___________________________________________ ) RICHARD AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. 03-1807 (PLF) ) KAREN G. MILLS, ) Administrator, Small Business Administration, ) ) 1 Defendant. ) ___________________________________________)

ORDER

For the reasons stated in the Opinion issued this same day, it is hereby

ORDERED that defendant’s motion to dismiss or, in the alternative, for summary

judgment [53] is DENIED; it is

FURTHER ORDERED that on or before October 2, 2009, the parties file a joint

status report about how they wish to proceed in this case.

SO ORDERED.

/s/___________________________ PAUL L. FRIEDMAN United States District Judge DATE: September 17, 2009

1 Under Rule 25(d)(1) of the Federal Rules of Civil Procedure, Administrator Karen G. Mills has been substituted for former Administrator Steven Preston. FED . R. CIV . P. 25(d).