Filing 30

Memorandum in opposition to re (33 in 1:05-cv-01347-GK) MOTION for Order To Lift Stay, Provide Factual Return and For Scheduling Conference filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 30 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. 05-1347 (GK) RESPONDENTS' RESPONSE TO PETITIONER'S MOTION TO LIFT THE STAY OF PROCEEDINGS, ORDER THE GOVERNMENT TO PROVIDE FACTUAL RETURN AND SET A SCHEDULING CONFERENCE Petitioner Farhi Saeed Bin Mohammed moves for an order lifting the stay, requiring Respondents to provide a classified factual return forthwith, and scheduling a status conference. Mohammed v. Bush, Civil Action No. 05-1347 (RMC) (dkt. no. 33). This case has been transferred to the Honorable Thomas F. Hogan of this Court for coordination and management pursuant to the Court's July 1, 2008 Resolution of the Executive Session. Id. (dkt. no. 35). Respondents do not oppose the lifting of the stay. Respondents also respectfully note that Judge Hogan held a status conference on July 8, 2008 to discuss the schedule for anticipated proceedings in all of the Guantanamo Bay habeas cases transferred to him for coordination and management, including this case, and thus Petitioner's request for a status conference is moot. Given that Judge Hogan indicated at the July 8 status conference that he would issue an order in the near future regarding the issues discussed at the conference, and pending any future proceedings before Judge Hogan about the schedule for proceedings in the cases transferred to him, Respondents respectfully submit that the other relief requested by Petitioner is not appropriate at this time. Dated: July 9, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel /s/ Nicholas A. Oldham JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) JUDRY L. SUBAR (D.C. Bar 347518) TERRY M. HENRY JEAN LIN JAMES J. SCHWARTZ (D.C. Bar No. 468625) ROBERT J. KATERBERG ANDREW I. WARDEN (IN Bar No. 23840-49) NICHOLAS A. OLDHAM (D.C. Bar No. 484113) JAMES C. LUH Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20530 Tel: (202) 514-4107 Fax: (202) 616-8470 Attorneys for Respondents -2-

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