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 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)

ORDER Upon consideration of the Respondents' Motion to Dismiss Improper Respondents and Petitioner Jawad Jabbar Sadkhan Al-Sahlani's 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)

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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