Filing 865

Memorandum in opposition to re 723 MOTION to Dismiss Improper Respondents filed by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williamson, Jill)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ) ____________________________________) Misc. No. 08-442 Civ. Action Nos. 05-CV-2386 (RBW) 05-CV-0634 (RWR) ORDER Upon consideration of the Respondents' Motion to Dismiss Improper Respondents and Petitioners' Memorandum of Law in Opposition thereto, it is hereby: ORDERED that Respondents' Motion is DENIED in its entirety; and it is further ORDERED that, if, within seven days of the entry of this Order, Respondents file and serve a notice signed on behalf of all Respondents, stipulating to paragraphs 1 through 5 below, then in such instance the claims as against all Respondents other than the Secretary of Defense shall be dismissed without prejudice: 1) 2) 3) the Secretary of Defense is a proper respondent; the Secretary of Defense is subject to the jurisdiction of the Court; the Secretary of Defense has the power and authority to implement any court orders granting the relief requested in Petitioners' complaints including, but not limited to, Petitioners' release and production of documents or any other evidence in the possession or control of the government; the government, not limited to the Department of Defense, has an obligation to preserve documents or any other evidence relevant to this litigation; and 4) LEGAL02/31013296v1 5) the government will not transfer petitioner to the custody of another branch of the U.S. government, and should it do so, the government agrees to reinstate the President as the Respondent in this litigation. Dated: ___________________________ ____________________________________ Thomas F. Hogan United States District Judge LEGAL02/31013296v1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?