Filing 1152

RESPONSE re (40 in 1:08-cv-01235-JDB) Response to Document, filed by GUANTANAMO BAY DETAINEE LITIGATION, AHMED YASLAM SAID KUMAN. (Gunn, Carlton)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1152 IN RE: ) DETAIE LmGATION ) ) IN TH UND STATES DISTRCT COURT FOR TH DISTRCT OF COLUMIA GUANANAMO BAY ) ) Mi No. 08-2Civ Acton No. 08--1235 (JDB) AHD Y ASLA SAID KU, ) v. ) ) Peütione~ ) ) ) GEORGE W. BUSH, et aI, ) ~ponden~ )) ) SUPPLEMENTAL RESPONSE TO GOVERNNT'S MOTION FOR RECONSIDERATION OF CASE MAAGEMENT ORDER AN OTHR RELIEF On Novembe 6, 2008, Judge Hoga filed a Cas Maement Or (h "CMO") delineati vaous prurs to be followe in the Gutao Deee litigaon, subjec to modficaon by the merts judges in invidua cas. On Novembe 18, 2008, the goverent fied a "Motion for Clarficaon an Rensideon of ths Cour's Novembe 6, 2008 Ca Maement Or and Supplementa Amen Or Or, in the Alteve, Motion for Ceficaon for App Put to 28 D.S.C. § 1292(b), and to Stay Ce Obligaons Pen Resoluton of the Motion in Any App." Pettioner fied a respns in ths ca on Novembe 26, 2008. In th respns, Pettioner note th no re ha ye be filed in ths ca and tht, given the schedule for filin of re prously se by Judge Hoga Pettioner expe the re in ths ca to be filed in Janua, Febr, or Mah of nex yea. Two days af Pettioner filed his respns, howeer, the goverent filed a re in ths ca, apptly choosin to file it out of the ca numbe ord generly prvide for in Judge Hoga's ord regag filing of the re. As to ths pacuar ca, given th cirumces of ths ca and counl in ths ca, ths prsets two adtiona issus rega the scheulin modficaons sougt in th goverent's motion an Pettione's rens. Fir th goverent should be ord to file the unclassified re an prvide it to counl for Pettioner no la th Debe 12, 2008. As note in Pettioner's respns to th goverent's motion, see Pettioner's Rens, at 2, 15, counl we only retly appinte, only retly reved sety cleas, an have spific trps to Gutao Bay sceduled on Debe 2 an Debe 14 to mee with petione and tw oth clients for the fi tie. Since counl have a prously scheuled trp on Debe 14 Oeavi thei offce in Los Anles for Florida on Debe 13), and trps to Gutao Bay ca be scheduled only on four to si we notice, it will be most effcient for the ca an effecve retaon in Pettione's ca, to have an unclasified verion of the re availale to go over with Pettioner befor counl's send trp to mee with hi. Counl for Pettioner have jus ma ths reuest to counl for the goverent, see Exhbit A, and hopes the goverent will voluntaly comply, but reuest an ord frm ths Cour to mae compliance more likely. Secnd, a spific st conferce ca be se in respns to Pettioner's prposa of a st conferce to adss an se caspific da for fiin of a trver an fu brefi see Pettioner's Rens, at 16. Given counl's prously scheuled trps to Gutao Bay,l counl's scheule dur th holiday sen, an counl's schedule in other cour in the Centr Distct of Californ counl reuest th th Cour se a st conferce 1 Counl's re das ar Debe 5 and Debe 18, so the ful peod dur whch counl will be at Gutao Bay ar Debe 2 thug Debe 5 and Debe 14 thug Debe 18. 2 on either Debe 19,2008, Janua 9,2008, or somete dur the wek of Janua 12,2008. Counl fuer reuest tht they be given the opton of appg telephonically, thoug they may be able to appar in pen dedig on the da and tie se by the Cour. Resply submtt, SEA K. KEDY Fed Public Defende DATED: Novembe -' 2008 By CRAG HAAUGH (D.C. Bar No. 974117) CARTON F. GUN (CA Bar No.1 12344) Deut Fed Public Defen the Fed Public Defen Ofce of 321 Ea 2n Str Los Anles, CA 90012-4202 (213) 894-1700; Facle: (213) 894-0081 Attrney for Pettioner P:IGANAN J:IMI ii Suwp 3 EXHIBIT A Cart GunnIFI0 1112 02:36 PM To te.henry(, andre.warden( cc Craig HarbughlCFI0DOFDO be Subjec Retrn in Said Kuman v. Bush, 081235 Der Mr. Warden and Mr. Henry, We not that a rern was just filed in the aboventied case toay. As you may rell frm prior communications and/or reiewng our reponse to the governments moton for rensideration, we have previously sceduled trps planned to visit our dient departng Dember 2 and departng Dember 13. Given this scedule, we reues that you have the undassifed rern to us - eiter by hard copy in our ofce or by e-mail - no later than Dember 12, so we have that to reiew wi our dient during the send trp on which we are departng Dember 13. Thank you in advnce for your coperation. Cart Gunn IN TH UND STATES DISTRCT COURT FOR TH DISTRCT OF COLUMIA INRE: GUANANAMO BAY Mie. No. 08-2 (T DETAIE LmGATION AHD YASLA SAI KU, PeUtionenIlati v. Civil No. 08--1235 (JDB) GEORGE W. BUSH, et aL, ~pondentsefendats. MODIFD PROPOSED ORDER the Respndets' Motion for Clarficaon an Rensidetion of Upon consideon of ths Cour's Novembe 6,2008 Cas Maement Or and Supplementa Amende Or Or, in the Altetive, Motion for Ceficaon for App Put to 28 U.S.C. § 1292(b), and to Stay Cer Obligaons Pendi Resoluton of the Motion in Any App and Pettioner's respns ther, it is herby: ORDERED th Respndets' Motion is DEND in its enti as to th reuest to modfy the discver prvisions; ORDERED th Rendets' Motion in all other resp is DEND without prjudce to reew at a la point in the pr;; ORDERED tht Respndets shl file the unclassified veron of the re reui by Judge Hoga's Cas Maement Or (her "CMO'') no la th Debe 12, 2008; ORDERED th Secon I.D.1 of Judge Hoga's Cas Maement Or (herin "CMO'') is modfied to aply not jus to evdece in the goverent's possession but also to evdence the goverent ca obt thug renale diligence; and ORDERED th the da se for filin of a trver and fuer brefi in Secons I.G and il.A of the CMO ar va and a st conferce shl be scheduled on -- 2008, with das for filin of a trver an fu brefi to be se at th tie, an th counl for Pettioner shl be pett to ap telephonicaly at the st conferce if necssa. Dat: Unite Stas Distct Judge P:\TRCA SI ~0I Do RBTDMn(l).WI

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