Al Shimari v. Dugan et al

Filing 54

MOTION for Leave to File Additional Material in Support of Motion to Stay Discovery by CACI International, Inc, CACI Premier Technology, Inc. (Attachments: # 1 Proposed Order)(Koegel, Joseph)

Al Shimari v. Dugan et al

Doc. 5

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION ____________________________________ SUHAIL NAJIM ABDULLAH AL SHIMARI, et al., Plaintiffs, v. CACI INTERNATIONAL INC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 1:08-CV-00827-GBL-JFA

CACI DEFENDANTS' MOTION FOR LEAVE TO FILE ADDITIONAL MATERIAL IN SUPPORT OF THEIR MOTION TO STAY DISCOVERY Defendants CACI International Inc and CACI Premier Technology, Inc. (collectively, the "CACI Defendants") respectfully request leave to file with the Court a copy of the recentlypromulgated Department of Defense Directive No. 3115.09 (October 9, 2008)1 in support of the CACI Defendants' Motion to Stay Discovery. This Directive, governing interrogations and the protection of interrogation-related information, was issued and effective on October 9, 2008; the CACI Defendants learned of its existence on October 15, 2008. Because this Defense

Department Directive addresses a core issue raised in the CACI Defendants' Motion to Stay Discovery, allowing the CACI Defendants to file this Directive will give the Court a more complete picture of the Defense Department's position on the availability of interrogation-related materials in discovery. The bases for the CACI Defendants' motion are set forth in greater detail in the accompanying memorandum. A copy of Department of Defense Directive No. 3115.09 is attached as Exhibit A to the CACI Defendants' supporting Memorandum.
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Dockets.Justia.com

Wherefore, the CACI Defendants respectfully request that the Court grant this Motion and deem Exhibit A to the CACI Defendants' supporting memorandum as filed in support of the CACI Defendants' Motion to Stay Discovery. A proposed order is attached.2 Respectfully submitted, /s/ J. William Koegel, Jr. J. William Koegel, Jr. Virginia Bar No. 38243 John F. O'Connor (admitted pro hac vice) Attorneys for Defendants CACI Premier Technology, Inc. and CACI International Inc STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, N.W. Washington, Dc 20036 [phone] ­ Telephone [phone] ­ Facsimile [e-mail] [e-mail] October 17, 2008

Counsel for the CACI Defendants conferred with Plaintiffs' counsel concerning the subject of this motion. Through no fault of their own, Plaintiffs' counsel were unable to provide a substantive response to the CACI Defendants' request for consent to this motion. That the hearing on the CACI Defendants' Motion to Stay Discovery is set for October 24, 2008 necessitated the filing of this motion without further delay.

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CERTIFICATE OF SERVICE I hereby certify that on the 17th day of October, 2008, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following: Susan L. Burke William Gould Attorneys for Plaintiff Burke O'Neil LLC 4112 Station Street Philadelphia, PA 19127 [phone] ­ telephone [e-mail] [e-mail]

/s/ J. William Koegel, Jr. J. William Koegel, Jr. Virginia Bar No. 38243 John F. O'Connor (admitted pro hac vice) Attorneys for Defendants CACI Premier Technology, Inc. and CACI International Inc STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, N.W. Washington, Dc 20036 [phone] ­ Telephone [phone] ­ Facsimile [e-mail] [e-mail]