IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1023

REPLY to opposition to motion re (723 in 1:08-mc-00442-TFH, 126 in 1:05-cv-00569-JR) MOTION to Dismiss Improper Respondents filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, BRICE GYURISKO. (Mason, Kathryn)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1023

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) GUANTANAMO BAY ) DETAINEE LITIGATION ) Misc. No. 08-mc-0442 (TFH) ) ____________________________________) ) MOHAMMEDOU OULD SALAHI, et al. ) Petitioner, ) ) v. ) Civil Action No. 05-cv-0569 (JR) ) GEORGE W. BUSH, ) President of the United States, ) et al., ) Respondents. ) ____________________________________) RESPONDENTS' THIRD REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS IMPROPER RESPONDENTS Respondents filed a motion in the above-captioned matter, which moved this Court to dismiss all improper respondents from Petitioner's action, including, inter alia, the President of the United States and, with the exception of the Secretary of Defense, all Department of Defense respondents. An opposition was filed by Petitioner, which raised similar, if not identical, objections as those raised in cases to which Respondents filed replies on October 31, 2008 and November 6, 2008. In the interests of judicial efficiency, Respondents incorporate by reference their Reply Memorandum in Support of Motion to Dismiss Improper Respondents, 08-mc-0442TFH Dkt#907, and their Second Reply Memorandum in Support of Motion to Dismiss Improper Respondents, 08-mc-0442-TFH Dkt#943, as though fully set forth herein. For the reasons stated in Respondents' Motion to Dismiss Improper Respondents and their replies to the petitioners' oppositions, all respondents named in the instant matter, other than the Secretary of Defense, in his official capacity, should be dismissed with prejudice.

Dockets.Justia.com

Dated: November 21, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ Kathryn C. Mason JOSEPH H. HUNT (DC Bar No. 431134) VINCENT M. GARVEY (DC Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN SCOTT M. MARCONDA KATHRYN C. MASON United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents

2

CERTIFICATE OF SERVICE I, Kathryn C. Mason, counsel for Respondents, hereby certify that the foregoing Respondents' Third Reply Memorandum in Support of Motion to Dismiss Improper Respondents has been filed with the Court via ECF and served via electronic mail upon the following individual(s) on this 21st day of November, 2008: Sylvia Royce Law Office of Sylvia Royce 5505 Connecticut Avenue, N.W. #340 Washington, DC 20015 [e-mail] (Petitioner's Counsel) James M. Falvey 200 South Wacker Drive, Suite 3100 Chicago, IL 60606 [e-mail] (Petitioner's Counsel) Nancy Hollander Theresa M. Duncan Freedman Boyd Hollander Goldberg & Ives, P.A. 20 First Plaza, Suite 700 Albuquerque, NM 87102 [e-mail] [e-mail] (Petitioner's Counsel)

/s/ Kathryn C. Mason Kathryn C. Mason

3