Donald Trump's legal battle heats up. In response to the plaintiff's letter brief, the United States requests the court to resolve the motion to amend the complaint first. Then, allow 30 days for the joint proposed briefing schedule on the substitution issue. Citing Westfall Act, the evidence available, and need for time. #LegalUpdates" In this passage, the "United States" (referring to the government) is responding to a letter brief from the plaintiff. The United States proposes that the court should first address the plaintiff's motion to file an amended complaint and then allow the United States 30 days after the court's ruling to meet and confer with the plaintiff to establish a joint proposed briefing schedule on the issue of substitution.
The United States provides three reasons for this proposal. First, it cites the Westfall Act, which grants the Attorney General the authority to determine whether a defendant employee was acting within the scope of their office or employment during the incidents leading to the lawsuit. The determination is influenced by the allegations in the operative complaint, making it relevant to know which complaint is operative.
Second, the United States states that it currently lacks access to discovery materials that may be crucial to the certification question. They are working with the parties to obtain these materials and will require time to review them once received.
Lastly, even if the court does not defer consideration of the Westfall Act issue, the United States requests additional time beyond June 21, 2023, to propose a way forward. This is due to the case's extensive procedural history and the recent clarification of the applicable standard by the D.C. Court of Appeals. The United States seeks time to consider the new evidence and allegations under the clarified standard.
In conclusion, the United States respectfully asks the court to address the motion to amend the complaint first, followed by ordering the parties to meet and confer on a joint proposed briefing schedule regarding substitution, 30 days after ruling on the motion to amend.
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