STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION TO DISMISS AND ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT

KANDIS A. WESTMORE, Magistrate Judge.

The federal defendants filed a motion to dismiss which is currently set for hearing on August 18, 2016. On July 14, 2016, defendants' counsel emailed plaintiff's counsel advising him that defendants' investigation had discovered that the person involved in the incident at issue in this case was an employee of a federal contractor, not a federal employee. Accordingly, defendants contend that, pursuant to the Federal Tort Claims Act, the United States is not liable for the torts of its contractors, who are not considered "employees" under the FTCA. Defendants' counsel sent a redacted copy of the contract at issue to plaintiff's counsel on July 14, 2016, and, on July 21, 2016, emailed plaintiff's attorney with information regarding the identity of the individuals involved in the subject incident.

In order to allow plaintiff an opportunity to amend the complaint, the parties hereby STIPULATE AND REQUEST that defendants' currently pending motion to dismiss be withdrawn and that plaintiff shall have until August 12, 2016 to file an amended complaint. The federal defendants shall have 30 days after the filing of the amended complaint to answer, move, or otherwise respond to the amended complaint.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the federal defendants' currently pending motion to dismiss is withdrawn. The hearing on that motion, currently scheduled for August 18, 2016, is hereby vacated. Plaintiff shall file an amended complaint no later than August 12, 2016. The federal defendants shall have 30 days from the date of filing of the amended complaint to answer, move, or otherwise respond to the amended complaint.