TAHER v. BUSH et al

Filing 165

ORDER denying without prejudice 159 Petitioner's Emergency Motion to Compel Additional Medical Records. Signed by Judge Gladys Kessler on 5/5/09. (CL, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ MOHAMMED AHMED TAHER, et al., : : Petitioners, : : v. : Civil Action No. 06-1684 (GK) : BARACK H. OBAMA, et al., : : Respondents. : ______________________________: ORDER A Status Conference was held in this case on May 5, 2009, which took place on the record and via telephone. Upon

consideration of Petitioner's Emergency Motion to Compel Additional Medical Records [Dkt. No. 159], the Government's Opposition [Dkt. No. 161], Petitioner's Reply [Dkt. No. 164], representations of the parties, and the entire record herein, it is hereby ORDERED, prejudice. that Petitioner's request is denied without

First, Petitioner has represented to the Court that he

would need no further discovery in order to proceed with the Summary Judgment phase of this litigation. Second, the nature of

evidence being requested indicates very clearly, based on all representations made to the Court, that any arguments that

Petitioner would make based on such evidence would be disputed by the Government. Thus, the provision of such discovery would not support Petitioner's position for Summary Judgment. Finally, the

Petitioner is able, at some future point, and if appropriate, to

file a motion under § I.E.2 of the Case Management Order for future discovery, but his request at this point is not timely.

May 5, 2009

/s/ Gladys Kessler United States District Judge

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