IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 963

RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Extension of Time to File Response/Reply,, filed by MAKHTAR YAHIA NAJI AL-WRAFIE, SALMAN YAHALDI HSAN MOHAMMED SAUD. (Livingston, Schuyler)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 963

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

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-0442 (TFH) Civil Action No. 04-1254 (HHK)

PETITIONER'S RESPONSE TO COURT'S ORDERS OF SEPTEMBER 15 AND OCTOBER 2, 2008 In its Order of October 2, 2008, granting in part Petitioner Salman Yahaldi Hsan Mohammed Saud's (ISN #508) 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 amended factual return[] or show cause why [Petitioner's case] should not be dismissed." The Court issued a similar order on September 15, 2008, granting in part a similar motion by Petitioner Makhtar Yahia Naji Al-Wrafie (ISN #117). Counsel for Petitioners were prepared to comply with these Orders by filing on November 10, 2008, oppositions to the Government's motions for leave to file amended factual returns, similar to the oppositions filed previously in this case on behalf of other petitioners, but this Court granted the Government's motions 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 motions have been granted, the oppositions to them that Petitioners would have filed are now moot. Therefore, Petitioners submit this response in lieu of such oppositions, in compliance with the Orders of September 15 and October 2.

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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