IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1187

Unopposed MOTION to Stay Paragraph I.G. of the November 6, 2008 Case Management Order by MOHAMMED ABDUL RAHMAN AL-SHIMRANI (Rayner, Martha)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________________ ) MOHAMMED ABDUL RAHMAN ) AL-SHIMRANI, ) ) Petitioners, ) Misc. No. 08-0442 (TFH) ) v. ) ) Civil Action No. 05-CV-2249 (RMC) ) GEORGE W. BUSH, et al. ) ) Respondents. ) ____________________________________) MOTION TO STAY PARAGRAPH I.G. OF THE NOVEMBER 6, 2008 CASE MANAGEMENT ORDER PENDING THE RESOLUTION OF RESPONDENTS' MOTION FOR CLARIFICATION AND RECONSIDERATION OF THE CASE MANAGEMENT ORDER Petitioner, by and through his attorney, hereby moves to stay paragraph I.G. of the November 6, 2008 Case Management Order (dkt. no. 112) pending the resolution of Respondents' Motion for Clarification and Reconsideration of the Court's November 6, 2008 Case Management Order (November 18, 2008) (dkt. no. 118). Petitioner has conferred with Respondents, who do not oppose the relief requested in this motion. 1. 2. On November 6, 2008, this Court entered a Case Management Order ("CMO"). On November 21, 2008, this Court entered an Order staying the due dates imposed by paragraphs I.C., I.D., I.E., I.F., II.B., II.C., and II.A. pending the resolution of the Government's Motion for Clarification and Reconsideration of the CMO (dkt. no. 122).

3.

The Order explicitly stays paragraph I.D. which states the due date for the government's disclosure of exculpatory evidence. The disclosure of exculpatory evidence is the triggering event for the due date in paragraph I.G.

4.

The Order does not, however, specifically address paragraph I.G. which sets a traverse deadline tied to Respondents' compliance with paragraph I.D..

5.

Respondent filed a blanket Notice Pertaining to Production of Exculpatory Information on November 20, 2008, covering 51 habeas docket numbers (dkt. no. 121).

6.

It is Petitioner's position that this Notice does not meet the requirements of the CMO and thus does not trigger the traverse due date. See Petitioner's Opposition to Respondents' Motion for Clarification and Reconsideration, dkt. no. 124, n. 9. Petitioner does not, however, seek a ruling on this issue at this time. Rather, in an abundance of caution, Petitioner seeks a stay of paragraph I.G. of the CMO until there is resolution of Respondents' Motion for Reconsideration.

7.

Respondents maintain that their Notice of Exculpatory Information meets the requirements of the CMO, but Respondents do not oppose a stay of paragraph I.G. pending the resolution of the Government's Motion for Clarification and Reconsideration of the Court's November 6, 2008 Case Management Order.

WHEREFORE, Petitioner respectfully requests that the Court stay paragraph I.G. of the November 6, 2008 Case Management Order pending the resolution of Respondents' Motion for Clarification and Reconsideration of the Court's November 6, 2008 Case Management Order. A proposed order is attached. Dated: New York, New York December 4, 2008 Respectfully submitted, Counsel for Petitioner: ______/s/_________________________ Martha Rayner, Esq. Lincoln Square Legal Services Fordham University School of Law 33 West 60th Street, 3rd Floor New York, New York 10023 Tel: [phone] Fax: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________________ ) MOHAMMED ABDUL RAHMAN ) AL-SHIMRANI, ) ) Petitioners, ) Misc. No. 08-0442 (TFH) ) v. ) ) Civil Action No. 05-CV-2249 (RMC) ) GEORGE W. BUSH, et al. ) ) Respondents. ) ____________________________________) ORDER Upon consideration of Petitioner's Motion to Stay Paragraph I.G. of the November 6, 2008 Case Management Order Pending the Resolution of Respondents' Motion for Clarification and Reconsideration of the Court's November 6, 2008 Case Management Order, it is ORDERED that paragraph I.G. of the November 6, 2008 Case Management Order and any further Case Management Order to be entered in this case, is stayed pending the resolution of Respondents' Motion for Clarification and Reconsideration of the Court's November 6, 2008 Case Management Order Dated: _________________ ________________________________ United States District Judge