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 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) 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 by all Respondents (with actual, not typed, signatures) stipulating to all of the assertions set forth in paragraphs 1 through 5 below, then in such instance Respondents named in the above-captioned matters other than the Secretary of Defense shall be dismissed without prejudice as to the habeas corpus claims set forth in the above-captioned cases: 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 or the 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

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

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

4)

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

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