IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 461

Unopposed MOTION for Extension of Time to File Response/Reply as to (316 in 1:08-mc-00442-TFH, 226 in 1:04-cv-01194-UNA) MOTION to Amend/Correct Factual Returns by JALAL SALIM BIN AMER (Attachments: # 1 Text of Proposed Order)(Rich, Sara)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 461

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) )

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

Misc. No. 08-442 (TFH) Civil Action No. 04-1194 (HHK)

PETITIONER JALAL SALIM BIN AMER'S (ISN 564) UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO RESPONDENTS' MOTION FOR LEAVE TO FILE AMENDED FACTUAL RETURN Petitioner Jalal Salim Bin Amer (ISN 564), by and through counsel, Darold W. Killmer, Mari Newman and Sara J. Rich, of KILLMER, LANE & NEWMAN, LLP, hereby submits this Motion for Extension of Time to File Opposition to Respondents' Motion for Leave to File Amended Factual Return, up to and including October 8, 2008, as follows: 1. Respondents filed their Motion for Leave to File Amended Factual Return on

August 29, 2008 (Misc. No. 08-442 (TFH), Doc. 316) (Civil Action No. 04-1194 (HHK), Doc. 226). Exhibit A to Respondents' Motion indicates that an Amended Factual Return for Petitioner Jalal Salim Bin Amer (ISN 564) was filed with the Court Security Office the same day. Due to its classification status, the Amended Factual Return is only available for review at the Secure Facility in Washington D.C. 2. Pursuant to this Court's Order of September 5, 2008 Petitioner Bin Amer's

Opposition Brief is presently due on or before September 19, 2008. 3. Counsel for Petitioner have been working diligently to prepare the legal section of

Petitioner Bin Amer's Opposition to Respondents' Motion for Leave to File Amended Factual Return, however, only two counsel representing Petitioner Bin Amer currently have the security clearance necessary to review the proposed Amended Factual Return at the secure facility in

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Washington D.C. Due to numerous and substantial commitments in this and other matters, counsel for Petitioner requires additional time within which to travel from Denver, Colorado to Washington, D.C. to prepare Petitioner's Opposition Response at the Secure Facility. 4. Specifically, in addition to the regular press of business, counsel have been busy

preparing for depositions and a two-day, out-of-state mediation scheduled to take place September 25 and 26, 2008 in the 18-defendant case of Rice, et al. v. City and County of Denver, et al, Civil Action No. 07-cv-01571-MSK-BNB; preparing for an upcoming trial in the matter of Darrell Hare v. Denver Merchandise Mart, et al., Civil Action No. 04-cv-02416-REB-MEH; drafting an expert report in the matter of Alexander L. Trujillo, et al. v. The City of Colorado Springs, Civil Action No. 07-CV-00753-MSK-BNB; and preparing discovery responses and requests for discovery in Ann Smith Mathews v. Sungate Kids: Childern's Advocacy and Family Resources, Inc., Case Number 08-CV-0725. 5. 6. No previous extensions of this deadline have been sought or granted. No party will be prejudiced by the granting of the relief sought herein. CERTIFICATION PURSUANT TO LCvR 7(m) Counsel for Petitioner, Sara J. Rich, certifies that she conferred with counsel for Respondents, Terry Henry, who stated Respondents are unopposed to the relief sought herein. WHEREFORE, Petitioner Jalal Salim Bin Amer (ISN 564) respectfully request that this Court enter an Order granting his Unopposed Motion for Extension of Time to File Opposition to Respondents' Motion for Leave to File Amended Factual Return, up to and including October 8, 2008. Respectfully submitted this 19th day of September, 2008.

KILLMER, LANE & NEWMAN, LLP, s/ Sara J. Rich _____________________________ Darold W. Killmer Mari Newman Sara J. Rich 1543 Champa Street, Suite 400 Denver, CO 80202 [phone] [e-mail] mnewman@ KLN-Law.com srich@ KLN-Law.com CERTIFICATE OF SERVICE I hereby certify that on September 19, 2008, I electronically filed the foregoing PETITIONER JALAL SALIM BIN AMER'S (ISN 564) UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO RESPONDENTS' MOTION FOR LEAVE TO FILE AMENDED FACTUAL RETURN with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following individuals: Terry Marcus Henry: [e-mail] Judry Laeb Subar: [e-mail] United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, D.C. 20530 Andrew I. Warden: [e-mail] United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, D.C. 20530 s/ Sara J. Rich _____________________________