IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 351

Memorandum in opposition to re (317 in 1:08-mc-00442-TFH, 74 in 1:05-cv-02371-UNA) MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, MOTION Partial and Temporary Relief from Court's July 11, 2008 Scheduling Order re (53 in 1:08-mc-00442-TFH) Scheduling Order, filed by AHMAD MOHAMMAD AL DARBI, ALI MOHAMMAD AL DARBI. (Curnin, Paul)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 351

APPROVED FOR PUBLIC FILING BY CSO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Misc. No. 08-0442 (TFH) ) ) ) Civil Action Nos. ) ) 04-1136 (JDB), 05-2371 (RCL) )

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

PETITIONERS' RESPONSE TO RESPONDENTS' MOTION FOR RELIEF FROM SCHEDULING ORDER Pursuant to this Court's September 3, 2008 Order, counsel for Petitioners O.K.1 (Civil Action No. 04-1136 (JDB)) and Ahmad Mohammad Al Darbi (Civil Action No. 05-2371 (RCL)) (collectively, "Petitioners") submit the following response to the Government's Motion for Partial and Temporary Relief from the Court's July 11, 2008 Scheduling Order (Aug. 29, 2008) ("Motion"): 1. The Motion seeks relief from the Government's obligation to produce factual

returns and amended returns in accordance with deadlines established by the Court. 2. Petitioners each face imminent prosecution before a military commission at

Guantánamo Bay convened pursuant to the Military Commissions Act of 2006, Pub. L. No. 109366, 120 Stat. 2600. In its July 11, 2008 Scheduling Order, the Court stated: "At this time pending further order of the Court, the government need not file factual returns or motions to amend factual returns for the approximately 20 detainees charged with war crimes under the Military Commissions Act of 2006." July 11, 2008 Order at 4 n.1.

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Pursuant to Local Civil Rule 5.4(f)(2), which requires that the names of minor children not be used in electronically filed documents, the initials "O.K." are used to refer to the Petitioner in No. 04-1136.

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3. their cases.

Accordingly, it is Petitioners' understanding that the Motion does not apply in

Dated: September 8, 2008 Respectfully submitted, SIMPSON THACHER & BARTLETT LLP /s/ Paul C. Curnin Paul C. Curnin Karen E. Abravanel 425 Lexington Avenue New York, NY 10017 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for Petitioners, Civil Action No. 05-2371 (RCL) O'MELVENY & MYERS LLP /s/ Karl R. Thompson Karl R. Thompson 1625 Eye Street, NW Washington, DC 20006-4001 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for Petitioner, Civil Action No. 04-1136 (JDB)

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CERTIFICATE OF SERVICE I hereby certify that I today caused a true and accurate copy of the foregoing to be served electronically via the Court's Electronic Case Filing system. Dated: September 8, 2008 /s/ Paul C. Curnin Paul C. Curnin