UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURINORTHERN DIVISION
SHARPE HOLDINGS, INC., et al., ))Plaintiffs, ))v. ) No. 2:12-CV-92-DDN)UNITED STATES DEPARTMENT OF )HEALTH AND HUMAN SERVICES, et al., ))Defendants. )
MEMORANDUM AND ORDER
This action is before the court on the motion of plaintiffs for a temporary restrainingorder and a preliminary injunction under Federal Rule of Civil Procedure 65. The partieshave consented to the exercise of plenary authority by the undersigned United StatesMagistrate Judge pursuant to 28 U.S.C. § 636(c). The court heard oral arguments onDecember 31, 2012.
On December 20, 2012, plaintiffs Sharpe Holdings, Inc., Charles N. Sharpe, JudiDiane Schaefer, and Rita Joanne Wilson commenced this action against defendants UnitedStates Department of Health and Human Services, Kathleen Sebelius in her officialcapacity as Secretary of Health and Human Services, the United States Department of theTreasury, Timothy Geithner in his official capacity as Secretary of the Treasury, the UnitedStates Department of Labor, and Hilda Solis in her official capacity as Secretary of Labor.Defendants are the departments and officials responsible for adopting, administering, andenforcing the federal laws and regulations at issue.By their pending motion, plaintiffs seek immediate injunctive relief prohibitingdefendants from applying and enforcing against plaintiffs certain portions of the PatientProtection and Affordable Care Act, Pub. L. 111-148 (March 23, 2010), and the HealthCare and Education Reconciliation Act, Pub. L. 111-152 (March 30, 2010) (collectively the“Affordable Care Act” or the “Act”). Defendants oppose the issuance of injunctive relief.At this initial, pre-discovery stage of the case, plaintiffs’ entitlement to immediateinjunctive relief depends upon the allegations of their complaint and their pending motion
Case: 2:12-cv-00092-DDN Doc. #: 20 Filed: 12/31/12 Page: 1 of 10 PageID #: 298