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  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).