Filing 1289

NOTICE Of Service Of Unclassified, Protected Factual Return by GEORGE W. BUSH, JR, DONALD RUMSFELD, NELSON J. CANNON (Avila, David)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1289 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) Misc. No. 08-442 (TFH) Civil Action No. 04-CV-1194 (HHK) IN RE: GUANTANAMO BAY DETAINEE LITIGATION NOTICE OF SERVICE OF UNCLASSIFIED, PROTECTED FACTUAL RETURN NOTICE is hereby given that Respondents have served upon counsel for the petitioner, via e-mail, the unclassified factual return for petitioner Omar Ali Al-Mudwani ISN 839, which respondents seek to have designated as "protected information" pursuant to the protective order entered herein by the Court's Order of September 11, 2008. Respondents are conferring with counsel in an attempt to reach an agreement regarding the designation of the information prior to filing a motion with the Court; following the outcome of that conferral, respondents will file an appropriate motion with the Court to have the information designated as "protected." Respondents, however, do not object to petitioner's counsel sharing the unclassified factual return with the petitioner-detainee in this case. Dated: December 12, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ David P. Avila JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN PAUL E. AHERN DAVID P. AVILA Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: 202.305.9908 Fax: 202.305.2685 E-mail: Attorneys for Respondents 2

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