Filing 414

Unopposed MOTION for Extension of Time to File Response/Reply as to (316 in 1:08-mc-00442-TFH, 272 in 1:04-cv-01254-UNA) MOTION to Amend/Correct Factual Returns by MAKHTAR YAHIA NAJI AL-WRAFIE (Attachments: # 1 Text of Proposed Order)(Livingston, Schuyler)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 414 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) MOTION TO DEFER RESPONSE TO "MOTION FOR LEAVE TO FILE AMENDED FACTUAL RETURN" On August 29, 2008, Respondents moved for leave to file an amended return with respect to Petitioner Muktar Yahya Najee Al Warafi (ISN #117) as well as certain other detainees. This Court has entered an order directing that responses to this motion be filed by September 19, 2008. Counsel are currently attempting to resolve a question concerning their continuing authorization to represent Petitioner Al Warafi. Counsel respectfully request that the Court hold Respondents' motion in abeyance with respect to Petitioner Al Warafi, and defer the time for Petitioner Al Warafi to respond, pending resolution of this question. Counsel will notify counsel for Respondents as to the status of this matter on or before November 10, 2008, and the parties may then reassess their position. Counsel for Respondents has been consulted and states that Respondents do not oppose the instant motion. Respectfully submitted, /s/ S. William Livingston D.C. Bar. No. 59055 Alan A. Pemberton D.C. Bar. No. 367108 COVINGTON & BURLING LLP 1201 Pennsylvania Ave., N.W. Washington, DC 20004-2401 (202) 662-6000 (phone) (202) 778-6000 (fax) David H. Remes D.C. Bar. No. 370372 APPEAL FOR JUSTICE 1106 Noyes Drive Silver Spring, MD 20910 (202) 669-6508 (phone) Marc D. Falkoff D.C. Bar No. 491149 NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW DeKalb, IL 60614 (347) 564-5043 (phone) (815) 753-9301 (fax) September 12, 2008

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