IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1674

RESPONSE TO ORDER OF THE COURT re Order on Motion for Order, Joint Response to the Court's February 23, 2009 Minute Order filed by MOHAMMED AL-QAHTANI. (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Gutierrez, Gitanjali)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) ) IN RE GUANTÁNAMO BAY DETAINEE ) LITIGATION ) ) __________________________________________) ) MOHAMMED AL-QAHTANI, et al., ) Petitioners, ) ) v. ) ) ) BARACK H. OBAMA, et al., ) Respondents.. ) __________________________________________) Misc. No. 08-442 (TFH)

Civil Action No. 05-cv-1971 (RMC)

[JOINT PROPOSED SCHEDULING] ORDER Upon consideration of the parties' joint request, the Court issues the following scheduling order: 1. Briefing Schedule: The parties shall brief their remaining disclosure and discovery disputes in a consolidated motion that addresses (1) Petitioner's challenge to the Government's production of documents under Section I.D.1 and Section I.E.1 of the Amended CMO and (2) Petitioner's motion for limited discovery pursuant to Section I.E.2 of the Initial CMO. The briefs will be due as follows: a. Petitioner's Consolidated Motion: March 20, 2009 b. Government's Consolidated Opposition: April 3, 2009 c. Petitioner's Consolidated Reply: April 13, 2009

2. Deadline for Discovery Requests: If the Court grants, in whole or in part, Petitioner's consolidated motion listed in section 1, thereby requiring additional documents to be produced, Petitioner must file a motion under Section I.E.2 of the Initial CMO for additional limited discovery requests in this matter no later than (14) fourteen days from the date Respondents complete production of documents under the Court's Order. Additionally, if

Petitioner disputes that Respondents' production of documents complies with an order granting, in whole or in part, the consolidated motion listed in section 1, Petitioner must file a motion to compel no later than (14) fourteen days from the date Respondents complete said production of documents. If the Court denies Petitioner's consolidated motion listed in section 1, finding that no additional documents should be produced, Petitioner must file a motion under Section I.E.2 of the Initial CMO for additional limited discovery requests in this matter no later than (14) fourteen days from the entry of the Court's Order. The parties anticipate in good faith that the motions contemplated under this scheduling order will resolve any and all disclosure and discovery issues. Petitioner, however, may, for good cause shown, move for further limited discovery under I.E.2 of the Initial CMO based upon newly discovered information. 3. Deadline for Filing Traverse: The deadline for filing Petitioner's traverse pursuant to Section I.G of the Amended CMO is extended to (30) thirty days from the date Respondents complete production of documents under the Court's Order relating to the motion(s) listed the first two paragraphs of section 2, or, if no motion is filed under the first two

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paragraphs of section 2, the Court's Order relating to the consolidated motion under section 1. Petitioner may supplement the traverse for good cause shown.

DATED: _______________

_______________________________ Rosemary M. Collyer United States District Judge

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