IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 619

Unopposed MOTION for Extension of Time to File Response/Reply as to (481 in 1:08-mc-00442-TFH, 297 in 1:04-cv-01254-UNA) MOTION to Amend/Correct Factual Return, (462 in 1:08-mc-00442-TFH, 290 in 1:04-cv-01254-UNA) MOTION to Amend/Correct Factual Returns by SALMAN YAHALDI HSAN MOHAMMED SAUD, MAJID MAHMOUD AHMED (Attachments: # 1 Text of Proposed Order)(Livingston, Schuyler)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 619

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 September 19, 2008, Respondents moved for leave to file an amended return with respect to Petitioner Majid Mahmud Abdu Ahmad (ISN #41) as well as certain other detainees. This Court has entered an order directing that responses to this motion be filed by October 3, 2008. On September 22, 2008, Respondents moved for leave to file an amended return with respect to Petitioner Salman Yahya Hassan Mohammed Rabeii (ISN #508) as well as certain other detainees. This Court has entered an order directing that responses to this motion be filed by October 6, 2008. Counsel are currently attempting to resolve a question concerning their continuing representation of Petitioners Ahmad and Rabeii. Counsel respectfully request that the Court hold Respondents' motion in abeyance with respect to Petitioners Ahmad and Rabeii, and defer the time for Petitioners Ahmad and Rabeii 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. In a similar motion filed in this case with respect to Petitioner Al Warafi (ISN #117), this Court granted partial relief, ordering that by November 10, 2008, counsel for Petitioner Al Warafi "shall either respond to the government's motion for leave to file an amended factual return in Petitioner's case or show cause why Petitioner's petition should not

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be dismissed." Order, Sept. 15, 2008. If the Court should impose a similar deadline for response in the case of the two instant Petitioners, Petitioners further respectfully request that the deadline not be accompanied by an alternative order to show cause. 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 [phone] (phone) [phone] (fax) [e-mail] [e-mail] David H. Remes D.C. Bar. No. 370372 APPEAL FOR JUSTICE 1106 Noyes Drive Silver Spring, MD 20910 [phone] (phone) [e-mail] Marc D. Falkoff D.C. Bar No. 491149 NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW DeKalb, IL 60614 [phone] (phone) [phone] (fax) [e-mail] October 2, 2008