Filing 1847

Unopposed MOTION to Stay "Petitioner's Notice of Consent to Stay Pending Executive Review and Unopposed Motion for Stay" by SHARAF AL SANANI (Schulof, Daniel)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) GUANTANAMO BAY ) Misc. No. 08-442 (TFH) DETAINEE LITIGATION ) ____________________________________) ) SHARAF AL SANANI, ) ) Petitioner, ) ) v. ) Civil Action No. 05-2386 (RBW) ) BARACK OBAMA, ) President of the United States, et al., ) ) Respondents. ) ____________________________________) PETITIONER'S NOTICE OF CONSENT TO STAY PENDING EXECUTIVE REVIEW AND UNOPPOSED MOTION FOR STAY Petitioner hereby submits written notice of his election to stay all proceedings in the above captioned case pending an independent review by counsel for Respondents of any information concerning Petitioner collected pursuant to Executive order No. 13,492, and, alternatively, moves for such a stay, 1 showing in support thereof as follows: 1. On April 27, 2009, the Court entered an Order (Dkt. 1168) granting any petitioner whose habeas corpus petition was then pending before the Court the right to stay the 1 Counsel for Petitioner has conferred with counsel for Respondents and confirmed that Respondents do not oppose the relief requested in Petitioner's Motion. 1 US2000 11344009.1 adjudication of his case "pending an independent review by counsel for the respondents of any information concerning that petitioner collected pursuant to Executive Order No. 13,492." Pursuant to the Court's Order, that right was exercisable by filing with the Court a written notice to that effect on or before May 11, 2009. (Id.) 2. At the time of the Court's April 27, 2009 Order, Petitioner's case was already stayed pursuant to an Order entered by the Court on December 29, 2008 (Minute Order granting Dkt. No. 607), as extended through September 3, 2009 by the Court's Order on May 5, 2009 (Minute Order granting Dkt. No. 1178). Accordingly, Petitioner did not file a written notice exercising his right to stay his case prior to May 11, 2009. 3. It is in the parties' best interests and will conserve judicial resources to stay the adjudication of Petitioner's habeas corpus case for all purposes until the Inter-Agency Task Force has reached an independent decision pursuant to Executive Order No. 13,492. 4. Petitioner stipulates that the Protective Order entered on September 11, 2008 remains in effect during the period of the stay and agrees to abide by the terms of that Protective Order during the period of the stay. WHEREFORE Petitioner respectfully requests that this Court grant a stay of all proceedings pending an independent review by counsel for Respondents of any information concerning Petitioner collected pursuant to Executive Order No. 13,492. Dated: September 3, 2009 Respectfully submitted, _/s/ Daniel G. Schulof____ A. Stephens Clay 2 US2000 11344009.1 James F. Bogan, III John R. Gibson Daniel G. Schulof KILPATRICK STOCKTON LLP 1100 Peachtree St., Suite 2800 Atlanta, Georgia 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Counsel for Petitioner CERTIFICATE OF SERVICE I hereby certify that on September 3, 2009, I filed a true and correct copy of the foregoing document electronically using the Court's electronic case filing system. I further caused the 3 US2000 11344009.1 document to be served on counsel listed below via e-mail. KRISTINA A. WOLFE Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 E-mail: _/s/ Daniel G. Schulof____ Daniel G. Schulof One of the Attorneys for Petitioner 4 US2000 11344009.1

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