IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 883

Memorandum in opposition to re (628 in 1:05-cv-02386-RBW, 58 in 1:06-cv-01761-ESH, 723 in 1:08-mc-00442-TFH) MOTION to Dismiss / Petitioners' Opposition to Respondents' Motion to Dismiss Improper Respondents filed by ABDUL-RAHMAN ABDO ABULGHAITH SULAIMAN, ACHRAF SALIM ABDESSALAM. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Sullivan, Thomas)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 883

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

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

Misc. No. 08-442 (TFH) No. 05 CV 2386 (RBW) No. 06 CV 1761 (ESH)

PETITIONERS' OPPOSITION TO RESPONDENTS' MOTION TO DISMISS IMPROPER RESPONDENTS Petitioners Abdul-Rahman Sulaeiman, one of the petitioners in Mohammon, et al. v. Bush, et al., No. 05 CV 2386, and Achraf Salim Abdessalam, petitioner in Abdessalam v. Bush, et al., No. 06 CV 1761 (collectively "Petitioners"), by their undersigned counsel, respectfully submit this opposition to Respondents' Motion to Dismiss Improper Respondents. Petitioners oppose the Government's motion for the reasons set forth in the Memorandum of Law in Opposition to Respondents' "Motion to Dismiss Improper Respondents" filed today in In re Guantánamo Bay Detainee Litigation (Misc. No. 08-442) (Docket No. 872) and Mousovi v. Bush, 05-CV-1124 (RMC) (Docket No. 133), Al Razak v. Bush, 05-CV-1601 (GK) (Docket No. 122), and Zadran v. Bush, 05-CV-2367 (RWR) (Docket No. 145). As in those cases, the President, the Secretary of Defense, and Petitioners' immediate custodians are respondents in these proceedings. In addition, Petitioners' counsel informed Respondents' counsel by e-mail that Petitioners do not oppose the Government's motion provided that safeguards are put in place to prevent substantial prejudice to the rights of Petitioners. (See E-mail from Sarah Crane to Scott Marconda dated October 13, 2008, attached as Exhibit A.) Respondents' counsel did not respond to this e-mail before filing Respondents' motion.

Dockets.Justia.com

Dated: October 30, 2008

Respectfully submitted, /s/ Thomas P. Sullivan One of the Attorneys for Petitioners Thomas P. Sullivan Douglas A. Sondgeroth JENNER & BLOCK LLP 330 North Wabash Ave. Chicago, IL 60611 Tel: [phone] Fax: [phone]

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CERTIFICATE OF SERVICE I hereby certify that on October 30, 2008, I caused a true and correct copy of the foregoing Opposition to Respondents' Motion to Dismiss Improper Respondents to be delivered to the below-listed counsel of record in the above-captioned matters through the CM/ECF system: Andrew I. Warden Terry Marcus Henry United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, D.C. 20530 /s/ Thomas P. Sullivan

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