UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

___________________________________ ) JACQUELINE HALBIG, et al. ) ) Plaintiffs, ) ) v. ) Civil Action No. 13-0623 (PLF) ) KATHLEEN SEBELIUS, ) U.S. Secretary of Health and Human ) Services, et al., ) ) Defendants. ) ___________________________________ )

ORDER

For the reasons stated in open court this same day, it is hereby

ORDERED that [Dkt. No. 23] defendants’ motion to dismiss the complaint is

DENIED; it is

FURTHER ORDERED that, on or before 5:00 p.m. on October 24, 2013, the

parties shall file a joint report proposing a schedule for summary judgment briefing. If the

parties cannot agree on a briefing schedule, the parties are directed to attend a conference call on

October 25, 2013, at 10:00 a.m.; and it is

FURTHER ORDERED that the parties’ briefs should address, but are in no way

limited to, the following topics: (1) whether plaintiffs have met their burden at the summary

judgment stage to establish standing; (2) whether employer plaintiffs, in particular, have alleged

an injury that may be redressed in this action; (3) the applicability of the Anti-Injunction Act to

employer plaintiffs; (4) whether the Administrative Procedure Act is the appropriate mechanism

to challenge

.36B-1(k); and (5) whether the agency’s construction of the Affordable Care Act survives steps one and two of Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc.,

(1984).

SO ORDERED.

/s/_______________________________ PAUL L. FRIEDMAN DATE: October 22, 2013 United States District Judge

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