IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1374

STIPULATION to Stay Habeas Petition Re: Noor Uthman Muhammed (Samir DOE) by MIKE BUMGARNER, GEORGE W. BUSH, JAY HOOD. (Westby, Jane)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1374

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

NOOR UTHMAN MUHAMMED, Petitioner, v. GEORGE WALKER BUSH, et al., Respondents.

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Misc. No. 08-442 (TFH)

Civil Action No. 05-CV-2386 (RBW)

STIPULATION TO STAY HABEAS PETITION WHEREAS, Petitioner Noor Uthman Muhammed ("Petitioner") filed a petition for writ of habeas corpus (filed under the alias "Samir DOE") in this Court on December 21, 2005; and WHEREAS, Petitioner now seeks to stay this habeas petition and Respondents have agreed to such a stay; IT IS STIPULATED by and between undersigned counsel, subject to the approval of the Court, that: (1) The above-captioned petition for writ of habeas corpus shall be stayed; (2) The parties' obligations under the November 6, 2008 Case Management Order entered by Judge Thomas F. Hogan, as amended by Judge Hogan's order entered on December 16, 2008, and as further amended by this Court's December 19, 2008 Order, shall be suspended

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with respect to this Petitioner unless and until the stay is lifted by the Court; (3) Either counsel for Petitioner or counsel for Respondents may move to lift the stay upon notice to counsel for opposing party; (4) The terms and effect of the September 11, 2008 Protective Order and Procedures for Counsel Access to Detainees at the United States Naval Base in Guantánamo Bay, Cuba (the "Protective Order"), entered by Judge Thomas F. Hogan, shall remain in effect; (5) The terms and effect of the Court's July 11, 2008 Order (See Dkt. 484, 511), entered by Judge Thomas F. Hogan, requiring Respondents to provide Petitioner's counsel and the Court with thirty days advance notice prior to any intended removal or transfer of a prisoner from Guantánamo Bay, Cuba shall remain in effect; and (6) This Stipulation may be executed in counterparts, each of which when so executed shall be deemed an original. // // //

Dated: December 22, 2008

Respectfully submitted, Counsel for Petitioner: /s/ James Nickovich Jim Nickovich Perkins Coie LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Phone: [phone] Fax: [phone] E-Mail: [e-mail] Howard Cabot Perkins Coie Brown & Bain P.A. 2901 North Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 Phone: [phone] Fax: [phone] E-mail: [e-mail] Counsel for Respondents: GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ Jane L. Westby 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 JANE L. WESTBY Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] [e-mail]