IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 962

RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to File Response/Reply, filed by MOHAMMED NASSER YAHIA ABDULLAH KHUSSROF. (Livingston, Schuyler)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 962

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

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-0442 (TFH) Civil Action No. 05-1429 (RMU)

PETITIONER'S RESPONSE TO COURT'S ORDER OF OCTOBER 10, 2008 In its Order of October 10, 2008, granting in part Petitioner Mohammed Nasser Yahia Abdulla Khussrof's (ISN #509) Motion To Defer Response To Motion For Leave To File Amended Factual Return, this Court ordered Petitioner's counsel by November 10, 2008, to "either respond to the government's motion for leave to file an amended factual return or show cause why Petitioner Khussrof's petition should not be dismissed." Counsel for Petitioner were prepared to comply with this Order by filing on November 10, 2008, an opposition to the Government's motion for leave to file an amended factual return, similar to the opposition filed previously in this case on behalf of Petitioner Saeed Mohammed Saleh Hatim (ISN #255), but this Court granted the Government's motion in its Order of November 7, 2008. That Order also stated that "the government is no longer required to move for leave to amend factual returns that were filed before July 11, 2008." Because the Government's motion has been granted, the opposition to it that Petitioner would have filed is now moot. Therefore, Petitioner submits this response in lieu of such opposition, in compliance with the Order of October 10.

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Respectfully submitted, /s/ S. William Livingston S. William Livingston D.C. Bar. No. 59055 Alan A. Pemberton D.C. Bar. No. 367108 COVINGTON & BURLING LLP 1201 Pennsylvania Ave., N.W. Washington, DC 20004-2401 [phone] (phone) [phone] (fax) [e-mail] [e-mail] David H. Remes D.C. Bar. No. 370372 APPEAL FOR JUSTICE 1106 Noyes Drive Silver Spring, MD 20910 [phone] (phone) [e-mail] Marc D. Falkoff D.C. Bar No. 491149 NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW DeKalb, IL 60614 [phone] (phone) [phone] (fax) [e-mail] November 10, 2008