IN RE: GUANTANAMO BAY DETAINEE LITIGATION
Filing
1372
STATUS REPORT Joint Status Report on CMO Re: Abdul Zahir by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MICHAEL BUMGARNER. (Westby, Jane)
I N RE: GUANTANAMO BAY DETAINEE LITIGATION
D o c . 1372
IN THE UNITED STATESDISTRICT COURT F O R THE DISTRICT OF COLUMBIA
ABDT]L ZAHIR, Petitioner, v. G E O R G EW. BUSH,et ø1.,
Respondents.
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Civil Action No.
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(RwR) 0s-cv-r623
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J O I N T STATUS REPORT ON CASE MANAGEMENT ISSUES P U R S U A N T TO COURT'S ORDER OF DECEMBER 3. 2OO8 In accordance with this Court's Minute Order dated December3, 2008, the parties respectfully submit this joint statusreport in compliance with that order and to note Petitioner's and the Government'scurrent position concerningthe case proceduresthat should govern this matter. management On November 18. 2008. the Governmentmoved for clarification and r e c o n s i d e r a t i o n JudgeHogan'sNovember6,2008, CaseManagement of Order ("CMO"), or in the alternative, for certification of the CMO for appealpursuantto 28 U . S . C .$ 1292(b). SeeDIc-.940 Civ. No. 08-m-0442. OnNovember21,2008,Judge in Hogan stayedcertain aspectsof the parties' obligations under his preliminary CMO, and JudgeHogan's Order was enteredfor the above-captioned caseon this same date. See Dkt. 160. JudgeHogan conducteda hearing on the Government's motion for clarification and reconsiderationon December 10.
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On December16,2008, JudgeHogan issuedan Order grantingin part and denying in part the Government'smotion for clarification and reconsideration ( " D e c e m b e r16 Order"). Dkt. 180. The December16 Order revisedthe CMO's provision regarding disclosureof exculpatoryevidence,modified the required "automatic discovery" disclosures,modified the disclosurerequirementregarding classifiedmaterialsproduced in accordance with the Government's exculpatory evidenceor automaticdiscovery obligations, and modified the deadlinesfor filing the Petitioner's traverse. Seeid. at2-3. JudgeHogan also adjustedthe deadlinesfor filing unclassified factual returns, lifted the stay enteredby his November 2l Order, and ordered that any future motions to amendthe CaseManagementOrder be directedto t h e Merits Judges.Seeid. at2,4. Government's Position The Governmentis reviewing JudgeHogan's December l6 Order and is consulting with its agency clients to determineboth our ability to comply with the revised CaseManagementOrder and whether it is necessary seekfunher to modifications from this Court. The Governmenthad previously statedits concernswith r e s p e c tto the November6,2008 CMO, both in its November 18, 2008 motion for reconsiderationand clarification and in this matter on November 26" 2008 in Respondents'Memorandum in Response Court's Order of November 6, 2008 to ( " R e s p o n d e n t sNovember26 Memorandum"). SeeDI
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