Filing 1454

RESPONSE re (134 in 1:05-cv-00247-HHK) MOTION for Extension of Time to to Provide Discovery Pursuant to Amended Case Management Order Section I.E.1(3) filed by MAHMOOD SALIM AL MOHAMMED. (Kauffman, Samuel)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1454 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE: Misc. No. 08-442 (TFH) GUANTANAMO BAY DETAINEE LITIGATION Civil Action No. 05-00247 (HHK) PETITIONER'S RESPONSE TO RESPONDENTS' MOTION FOR EXTENSION OF TIME TO PROVIDE DISCOVERY PURSUANT TO AMENDED CASE MANAGEMENT ORDER SECTION I.E.1(3) Petitioner, MAHMOOD SALIM AL-MOHAMMED, as noted in footnote 2 to the Government's Motion for Extension of Time to Provide Discovery Pursuant to Amended Case Management Order Section I.E.1(3), filed December 30, 2008, does not oppose such Motion. However, Petitioner believes that it is important briefly to respond to certain representations made in such Motion, with which Petitioner does not agree. Section I.E.1 of the Amended Case Management Order provides for mandatory disclosure, upon Petitioner's request, of "(1) any documents and objects in the Government's possession that the government relies on to justify detention; (2) all statements in whatever form, made or adopted by the petitioner that the government relies upon to justify detention; and (3) information about the circumstances in which such statements of the petitioner were made or adopted." Petitioner initially requested such disclosure on November 9, 2008, and submitted a revised request for disclosure on December 18, 2008. In the instant motion, the Government certifies that it "has complied with its obligations under Sections I.E.1(1) and I.E.1(2), and has also provided certain information responsive to Section I.E.1(3)." Motion, p. 1. Petitioner disagrees that the Government has complied with its obligations under Sections I.E.1(1) and (2). Accordingly, Petitioner intends to confer with the Government regarding this disagreement and specifically where the Government has fallen short.1 If the parties are unable to resolve these discovery issues informally, Petitioner may move to compel further production following the Government's production deadline of January 30, 2009. Respectfully submitted, By /s/ Samuel C. Kauffman _______ Robert C. Weaver, Jr. OSB#80135 Samuel C. Kauffman, OSB#94352 John C. Rothermich, OSB#07168 GARVEY SCHUBERT BARER Eleventh Floor 121 SW Morrison Street Portland, OR 97204 Tel.: (503) 228-3939 Fax: (503) 226-0259 By /s/Eldon V.C. Greenberg______ Eldon V.C. Greenberg D.C. Bar #159558 GARVEY SCHUBERT BARER Fifth Floor 1000 Potomac Street, N.W. Washington, DC 20007 Tel.: (202) 965-7880 Fax: (202) 965-1729 Attorneys for Petitioner Dated: January 5, 2009 1 Because these discussions will refer to classified information, it is not possible to describe them in detail in this public filing. 2

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