The District of Columbia et al v. Trump

Filing 124

ORDER denying 21 Defendant's Motion to Dismiss ; directing parties to submit a Joint Recommendation to the Court Suggesting the next steps to be taken in the case; deferring ruling on 112 MOTION to Dismiss on Behalf of Defendant in His Individual Capacity. Signed by Judge Peter J. Messitte on 7/25/2018. (aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

THE DISTRICT OF COLUMBIA
and THE STATE OF MARYLAND,
Plaintiffs,
v.
DONALD J. TRUMP,
individually and in his official capacity
as President of the United States,
Defendant.

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Civil No. PJM 17-1596

ORDER
Having considered Defendant’s Motion to Dismiss (ECF No. 21) and Plaintiffs’
Opposition thereto, following oral argument, it is, for the reasons stated in the accompanying
Opinion, this 25th day of July, 2018,
ORDERED:
1. Defendant’s Motion to Dismiss (ECF No. 21) is DENIED insofar as it seeks
to dismiss Plaintiffs’ claims against the President in his official capacity that
the President and the Trump International Hotel and all its appurtenances in
Washington, D.C. and any and all operations of the Trump Organization with
respect to the same have violated the Foreign and Domestic Emoluments
Clauses of the U.S. Constitution. Plaintiffs have stated viable causes of action
as to those claims.
2. The Court DIRECTS the parties to consult and submit a Joint
Recommendation to the Court suggesting the next steps to be taken in the
case, including whether any further amendment of the Amended Complaint is

necessary, what the time for the President to file an Answer herein should be,
what the general outline of any proposed discovery should be, and any other
matter the parties deem appropriate to bring to the attention of the Court.
a. The Joint Recommendation shall be submitted within twenty-one (21)
days hereof.
3. The Court DEFERS ruling on the President’s Motion to Dismiss the
individual capacity claims against him (ECF No. 112).
4. Any further hearing to consider the arguments in Defendant’s Individual
Capacity Motion to Dismiss will be set in consultation with counsel.

/s/
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE

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