Filing 1478

Memorandum in opposition to re (1431 in 1:08-mc-00442-TFH) MOTION for Extension of Time to Comply with Case Management Orders Requiring Exculpatory Disclosures/Certifications indicating petitioners' non-opposition but requesting scheduling conference filed by MUHAMMED KHAN TUMANI, ABD AL NISR KHAN TUMANI. (Woodward, Gordon)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1478 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) __________________________________________) IN RE: GUANTANAMO BAY DETAINEE LITIGATION Misc. No. 08-442 (TFH) Civil Action No. 05-0526 (RMU) PETITIONERS' RESPONSE TO RESPONDENTS' NOTICE OF PRIOR DISCLOSURE OF EXCULPATORY EVIDENCE AND MOTION FOR EXTENSION OF TIME Petit ioners Abd Al Nisr Khantumani (ISN 307) and Muhammed Khantumani (ISN 312) do not oppose the government's request for an extension of time within which to provide exculpatory evidence. However, Petitioners believe that the time to cease dealing piecemeal with procedural and scheduling issues in their case is long overdue. Instead, it would be desirable to identify and address such existing issues in a supplemental Case Management Order that is specific to the Khantumanis' case. These issues include, but are not limited to: 1. The government's obligation to produce certain impeachment information relating to third-party statements upon which the government intends to rely; 2. Petit ioners' request for a joint meeting between Abd Al Nisr Khantumani and Mohammed Khantumani and counsel; 3. The government's obligation to respond to Petitioners' forthcoming discovery requests; and 4. The timing of these events in relation to the filing of Petitioners' traverse and the government's response. Petitioners' counsel will contact government counsel prior to any scheduled status conference in order to fully outline the issues that need to be addressed and will attempt to reach agreement on these issues prior to the conference. Petitioners propose that the parties file a joint PHDATA 3159572_1 status report two days prior to the status conference briefly outlining the issues discussed and the parties' respective positions. Petit ioners have discussed this proposal with the government and understand that Respondents have no objection to setting a status conference for the purposes described above. For these reasons, Petitioners request that this court set a status conference for the purpose of addressing issues specific to the Khantumanis' case. Dated: January 7, 2009 Respect fully submitted, By: /s/ Pardiss Kebriaei Gitanjali S. Gutierrez Pardiss Kebriaei CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: (212) 614-6427 Fax: (212) 614-6499 By: /s/ Gordon S. Woodward Elizabeth K. Ainslie Gordon S. Woodward (D.C. Bar # 452626) SCHNADER HARRISON SEGAL & LEWIS LLP 750 9th Street, NW, Suite 550 Washington, DC 20001-4534 Tel: (202) 419-4215 Fax: (202) 419-4253 By: /s/ Eldon V.C. Greenberg Eldon V.C. Greenberg D.C. Bar #159558 GARVEY SCHUBERT BARER Fift h Floor 1000 Potomac Street, N.W. Washington, DC 20007 Tel: (202) 965-7880 Fax: (202) 965-1729 Attorneys for Petitioners -2PHDATA 3159572_1

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