IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1153

RESPONSE re (39 in 1:08-cv-01238-RWR) Response to Document, filed by GUANTANAMO BAY DETAINEE LITIGATION, SHAWKI AWAD BALZUHAIR. (Gunn, Carlton)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1153

IN TH UND STATES DISTRCT COURT FOR TH DISTRCT OF COLUMIA
IN RE:
) ) ) ) ) ) ) ) ) ) ) ) ) ) )

GUANANAMO BAY

Mise. No. 08-2-(

DETAIE LmGATION
SHA WK A WAD BALZUH
Pettioner,
v.

Ci Acton No. 08--1238 (RWR)

GEORGE W. BUSH, et ø/,

Repondents

SUPPLEMENTAL RESPONSE TO GOVERNNT'S MOTION FOR RECONSIDERATION OF CASE MAAGEMENT ORDER AN OTHR RELIEF

On Novembe 6, 2008, Judge Hoga fied a Cas Maement Or (her
"CMO'') delineat vaous prurs to be followe in the Gutao Deee litigaon,
subjec to modfication by the merts judges in individua cas. On Novembe 18, 2008, the
goverent fied a "Motion for Claficaon and Recnsidetion of

ths Cour's Novembe 6,

2008 Cas Maement Or an Supplementa Amende Or Or, in the Alteve, Motion
for Ceficaon for App Put to 28 D.S.C. § 1292(b), and to Sta Ce Obligaons

Pen Resoluton of the Motion in Any App." Pettioner filed 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 th given the schedule for filin of re prously se by Judge Hoga Pettioner
ex the re in ths ca to be filed in Janua, Febr, or Mah of

nex yea.

La the sae day th Pettioner filed his respns, howeer, the goverent filed a

Dockets.Justia.com

re in ths ca, aptly choosi to file it out of the ca numbe ord generly prvide
for in Judge Hoga's ord rega filin of

the re. As to ths pacuar ca, given the

circes of ths ca and counl in ths ca, ths prsets two adtiona issus regag
the schedulin modficaons sougt in the goverent's motion and Pettioner's rens.

Fir the goverent should be ord to file the unlasified re an prvide it to

counl for Pettioner no la th Debe 12,2008. As note in Pettioner's rens to the
goverent's motion, see Pettione's Rens, at 2, 15, counl we only retly apinte,

only retly reved sety clea, an have spific trps to Gutao Bay scheduled

on Debe 2 and Debe 14 to mee with petione an tw oth clients for the fi tie.

Since counl have a prously scheuled trp on Debe 14 Qeavi thei offce in Los
Aneles for Florida on Debe 13), and trps to Gutao Bay ca be scheduled only on

four to six weks notice, it will be most effcient for the ca an effecve retaon in
Pettioner's ca, to have an unclassified verion of the re avalable to go over with Pettioner

before counl's send trp to mee with hi. Counl for Pettioner have jus ma ths reuest
to counl for the goverent, see Exbit A, and hope the goverent will voluntaly comply,

but reuest an ord frm ths Cour to mae complia 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 filin of a trver an fuer
brefi see Pettioner's Rens, at 16. Given counl's prously scheuled trps to

Gutao Bay, i counl's schedule dur the holiday sen, and counl's schedule in other

cour in the Centr Distct of Californ counl reuest th th Cour se a sttu conferce

i Counl's re das ar Debe 5 and Debe 18, so the ful peod dur
which counl will be at Gutao Bay ar Debe 2 thug Debe 5 and Debe
14 thugh Debe 18.
2

on either Debe 19,2008, Janua 9, 2008, or somete dur the wek of Janua 12,2008.
Counl fuer reuest th they be given the opton of ap telephonicaly, thoug they

may be able to apar in pen dedi on the da and tie se by the Cour.

Resply submtt,
SEA K. KEDY
Fed Public Defende
DATED: Novembe ll 2008

By ~ J: /!
CRAG HAAUGH (D.C. Bar No. 974117) CARTON F. GUN (CA BarNo. 112344)

Deut Fed Public Defende
Ofce of

the Fed Public Defen

321 Ea 2n Str
Los Aneles, CA 90012-4202
(213) 8941700; Facsimle: [phone]

Attrney for Pettioner

P:\GAN AN BaIMb Re Si wp

3

EXHIBIT A

Cart GunnlFI0DO
11~2 10:44 AM

To tøny.henry~usoj.gov, andre.warden~usoj.gov cc Craig HarbughlCACFI0DQFDO

be
Subjec Retm in Balzhairv. Bush, 08-1238
Der Mr. Warden and Mr. Henry,

We not that a rern was just filed in the abonted case this past Wednesay. As you may
rell frm prior communications and/or reiewng our reponse to the govrnmenfs moton for

rensideration, we will be at the Sere Facilit on Dember 1 and have preiously sceduled bips
planned to visit our dient departng Dember 2 and departng Dember 13. Givn this scedule, we
have tw reues rearding the Balzuhair rern. Firs please do evrying you can to make sure the

dassifed rern is at the Sere Facility by the morning of Dember 1, so we are able to reiew it there bere departng to visit our dient on Dember 2. Send, please have the undassifed rern to us either by hard copy in our ofce or by e-mail - no later than Dember 12, so we have that to reew with our dient during the send bip on which we are departng Dember 13. Thank you in advnce for your coperation.
Car1 Gunn

IN TH UND STATES DISTRCT COURT FOR TH DISTRCT OF COLUMIA

INRE : GUANANAMO BAY

Mie. No. 08-2 (T

DETAIE LmGATION
SHA WK A WAD BALZUHR
v.

PettionenJIati
Ciil No. 08--123 (RWR)

GEORGE W. BUSH, et aL,

Repondentsefendats.

MODIFD PROPOSED ORDER
the Respndts' Motion for Clarficaon and Rensideon of

Upon consideon of

ths Cour's Novembe 6, 2008 Cas Maement Or and Supplementa Amende Or Or,
in the Alteve, Motion for Cerficaon 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 Rendts' Motion is DEND in its enti as to the reuest to
modfy the discver prvisions;

ORDERED th Respndets' Motion in all other resp is DEND without prudce
to reew at a lat point in the pr;;
ORDERED th Respndts shl file the unclasified verion of

the re reui by

Judge Hoga's Ca Maement Or (her "CMO'') no lat th Debe 12, 2008;

ORDERED th Secon I.D.l of Judge Hoga's Cas Maement Or (her
"CMO'') is modfied to aply not

jus to evde in th goverent's possession but also to

evdece the goverent ca obt thug renale diligence; and
ORDERED th th 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 dates for filin of a trver and fuer brefi to be se at th tie, and th
counl for Pettioner shl be pett to app telephonicaly at the st conferce if

necssa.

Dat:
Unite Stas Distct Judge

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