IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 885

Memorandum in opposition to re (99 in 1:05-cv-01487-RMC, 723 in 1:08-mc-00442-TFH) MOTION to Dismiss / Petitioner Jawad Jabbar Sadkhan Al-Sahlani's Memorandum in Opposition to Respondents' Motion to Dismiss Improper Respondents filed by JAWAD JABBAR SADKHAN. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Colman, Jeffrey)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 885

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

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-442 (TF) Civil Action No. 05-1487 (RMC)

PETITIONER JAWAD JABBAR SADKHAN AL-SAHLANI'S MEMORANDUM IN OPPOSITION TO RESPONDENTS' MOTION TO DISMISS IMPROPER RESPONDENTS Petitioner Jawad Jabbar Sadkhan Al-Sahlani ("Jawad"), through his attorneys, respectfully submits this opposition to Respondents' Motion to Dismiss Improper Respondents. Jawad hereby adopts the opposition filed today in Mousovi v. Bush, 05-CV-1124 (RMC), Al Razak v. Bush, 05-CV-1601 (GK), Zadran v. Bush, 05-CV-2367 (RWR), and the In re Guantánamo Bay Detainee Litigation (Misc. No. 08-442, Dkt. No. 872.) As in those cases, the President, the Secretary of Defense, and Jawad's immediate custodians are respondents in these proceedings. Jawad's counsel informed Respondents' counsel by e-mail that Jawad is willing to consent to the Government's motion without prejudice, provided that safeguards are put in place to prevent substantial prejudice to Jawad's rights. (See e-mail from Sarah Crane, Jenner & Block LLP, to Scott Marconda, U.S. Dep't of Justice dated October 13, 2008, attached as Exhibit A.) Respondents' counsel did not respond to this e-mail before filing their motion. WHEREFORE, Petitioner Jawad Jabbar Sadkhan Al-Sahlani respectfully requests that this Court deny Respondents' Motion.

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Dated: October 30, 2008 JENNER & BLOCK LLP Jeffrey D. Colman Sapna G. Lalmalani Sarah E. Crane 330 North Wabash Avenue Chicago, Illinois 60611 T: [phone] F: [phone] LAW OFFICES OF WILLIAM A. WERTHEIMER, JR. William A. Wertheimer, Jr. 30515 Timberbrook Lane Bingham Farms, Michigan 48025 T: [phone] F: [phone] Of Counsel: CENTER FOR CONSTITUTIONAL RIGHTS Shayana Kadidal 666 Broadway 7th Floor New York NY 10012 T: [phone] F: [phone] (Attorneys for Petitioner)

Respectfully submitted, BY: _s/ Jeffrey D. Colman________ One of the Attorneys for Petitioner

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CERTIFICATE OF SERVICE I hereby certify that on October 30, 2008, I filed the foregoing Memorandum in Opposition to Respondents' Motion to Dismiss Improper Respondents with the Court's CM/ECF system and caused all attorneys of record, listed below, to be served via that system. Paul Edward Ahern U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Suite 7111 Washington, DC 20529 [phone] Email: [e-mail] LEAD ATTORNEY Scott Michael Marconda U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Room 5130 Washington, DC 20530 [phone] Email: [e-mail] LEAD ATTORNEY Terry Marcus Henry U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION P.O. Box 883 20 Massachusetts Avenue, NW Suite 7212 Washington, DC 20044 [phone] Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexander Kenneth Haas U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Washington, DC [phone] Fax: [phone] Email: [e-mail] Andrew I. Warden U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION 20 Massachusetts Avenue, NW Washington, DC 20530 [phone] Fax: [phone] Email: [e-mail] Nicholas Andrew Oldham U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20530 [phone] Fax: [phone] Email: [e-mail] PRO HAC VICE

_s/ Jeffrey D. Colman________ Jeffrey D. Colman 3