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 26 C.F.R. § 1.36B-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.,
467 U.S. 837 (1984).
SO ORDERED.
/s/_______________________________
PAUL L. FRIEDMAN
DATE: October 22, 2013 United States District Judge
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