DHIAB et al v. BUSH et al

Filing 221

ORDER: The Motion Hearing set for May 21, 2014 is converted to a Status Conference wherein the Government shall inform the Court when Petitioner's medical records, videotapes of Petitioner's Forcible Cell Extractions for purposes of enteral feeding, and videotapes of Petitioner's enteral feedings can be produced; Respondents shall also preserve and maintain all relevant videotapes; and Respondents are TEMPORARILY RESTRAINED from any Forcible Cell Extractions of Petitioner for purposes of enteral feeding and any enteral feeding of Petitioner until May 21, 2014 (see Order for further details). Signed by Judge Gladys Kessler on 05/16/2014. (lcgk2, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
:
:
:
Petitioner,
:
:
v.
:
:
BARACK H. OBAMA, et al.
:
:
:
Respondents.
:
______________________________:
ABU WA’EL (JIHAD) DHIAB,

Civil Action No. 05-1457 (GK)

ORDER
On April 18, 2014, Petitioner Mohammed Abu Wa’el (Jihad)
Dhiab filed an Application for Preliminary Injunction and an
Immediate Order for Disclosure of Protocols Forthwith [Dkt. No.
203].

On

May

2,

2014,

the

Court

set

a

Motion

Hearing

on

Petitioner’s Application for Preliminary Injunction for May 21,
2014. That Motion became fully briefed on May 12, 2014.
On May 13, 2014, Petitioner filed an Emergency Motion For
Order Compelling Preservation of Evidence and Limited Discovery,
by May 18, 2014, of Medical Records and Videotapes of ForceFeedings and Forcible Cell Extractions [Dkt. No. 217]. On May
15, 2014, the Government filed an Opposition to Petitioner’s
Emergency Motion [Dkt. No. 219], and on May 16, 2014, Petitioner
filed a Reply [Dkt. No. 220].

With the filing of Petitioner’s Emergency Motion, it has
become apparent that his Application for Preliminary Injunction,
despite being fully briefed, is simply not in a posture to be
heard

at

the

May

21,

2014,

hearing

set

by

the

Court.

Consequently, it is hereby
ORDERED, that the Motion Hearing set for May 21, 2014,
shall

be

converted

Government

shall

to

inform

a

Status

the

Conference

Court

when

at

which

Petitioner’s

the

medical

records from April 9, 2013, to May 13, 2014, can be produced;
and it is further
ORDERED, that the Government shall inform the Court at the
May

21,

2014,

status

conference

when

all

videotapes

of

Petitioner's Forcible Cell Extractions for purposes of enteral
feeding

and

all

videotapes

of

Petitioner’s

enteral

feedings

between April 9, 2013, and February 19, 2014, can be produced;
and it is further
ORDERED, that Respondents shall preserve and maintain all
relevant videotapes of Petitioner's Forcible Cell Extractions
for

purposes

Petitioner’s

of

enteral

enteral

feeding

feedings

and

between

all
April

videotapes
9,

2013,

of
and

February 19, 2014; and it is further
ORDERED, that Respondents are TEMPORARILY RESTRAINED from
any

Forcible

Cell

Extractions

of

–2–

Petitioner

for

purposes

of

enteral feeding and any enteral feeding of Petitioner until May
21, 2014.

/s/________________________
Gladys Kessler
United States District Judge

May 16, 2014

Copies to: attorneys on record via ECF

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