IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1479

SUPPLEMENTAL MEMORANDUM to re (339 in 1:04-cv-01254-HHK, 1000 in 1:08-mc-00442-TFH) MOTION for Discovery filed by ALL PETITIONERS. (Attachments: # 1 Exhibit A (Order Entered by Judge Urbina in 05-1429))(Livingston, Schuyler)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) )

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-0442 (TFH) Civil Action No. 04-1254 (HHK)

SUPPLEMENT TO PETITIONERS' MOTION FOR ADDITIONAL DISCOVERY On November 18, 2008, counsel for Petitioners filed a Motion for Additional Discovery before this Court (Dkt. No. 339 in 04-1254). On or about the same day, counsel filed a substantively identical motion in a related case before Judge Urbina. In an order dated January 7, 2009 (attached as Exhibit A), Judge Urbina denied Petitioners' motion, but stated that certain of the information sought by Petitioners would constitute exculpatory evidence that the government is already required to produce pursuant to § I.D.1 of the Amended Case Management Order. (Ex. A at 2.) 1 Because Judge Urbina's order disposes of a motion materially indistinguishable from the one pending before this Court, counsel for Petitioners respectfully bring it to the Court's attention.

January 7, 2009

Respectfully submitted, /s/ S. William Livingston D.C. Bar. No. 59055 Alan A. Pemberton D.C. Bar. No. 367108

See also Ex. A at 3 ("If the government possesses any such documents, the court considers the government obligated to produce them pursuant to § I.D.1 of the Amended CMO.").

1

COVINGTON & BURLING LLP 1201 Pennsylvania Ave., N.W. Washington, DC 20004-2401 [phone] (phone) [phone] (fax) [e-mail] [e-mail] David H. Remes D.C. Bar. No. 370372 APPEAL FOR JUSTICE 1106 Noyes Drive Silver Spring, MD 20910 [phone] (phone) [e-mail] Marc D. Falkoff D.C. Bar No. 491149 NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW DeKalb, IL 60115 [phone] (phone) [phone] (fax) [e-mail]