Al Shimari v. Dugan et al

Filing 73

REPLY to Response to Motion re 66 MOTION for Leave to File Memorandum Rebutting CACI's Factual Misrepresentations filed by Sa'ad Hamza Hantoosh Al-Zuba'e, Salah Hasan Nusaif Jasim Al-Ejaili, Suhail Najim Abdullah Al Shimari. (Burke, Susan)

IN THE 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

) ) ) ) ) ) C.A. No. 08-cv-0827 GBL-JFA ) ) ) ) ) )

REPLY TO CACI'S OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE CACI claims in Opposition to Plaintiffs' Motion for Leave To File a Rebuttal that the Court should ignore "Plaintiffs' unsupported rendition of the facts" because granting the motion would require the Court to permit CACI to file a response, and thus would delay resolution of CACI's motion to dismiss. But CACI wrongly elevates speed over accuracy. 1 The Court clearly needs to be certain that it is resting its ruling by applying the law to the facts alleged by Plaintiffs, not to the facts made up by CACI during oral argument. Fed.R.Civ.P. 12(b)(6). Indeed, the Court of Appeals for the Fourth Circuit cautions it is an abuse of the District Court's discretion to rest its decision on erroneous findings of material fact. See Franks v. Ross, 313

1

Plaintiffs are not trying to delay the proceedings. Indeed, Plaintiffs filed the motion seeking

leave to file the rebuttal on October 27, the very first business day after the oral argument, and noticed the hearing for October 30, a date on which the parties were scheduled to appear before the Court on CACI's motion for summary judgment. Plaintiffs noticed the hearing for a later date after CACI determined it could not respond so quickly.

F.3d 184 (4th Cir. 2002); Quince Orchard Valley Citizens Ass'n . Hodel, 872.F.2d 75, 78 (4th Cir. 1989). Plaintiffs respectfully request that the Court grant them leave to file the rebuttal.

____/s/ Susan L. Burke_________ Susan L. Burke (VA Bar #27769) Counsel for Plaintiffs BURKE O'NEIL LLC 4112 Station Street Philadelphia, PA 19127 [phone] [phone] (facsimile) [e-mail] Katherine Gallagher CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Shereef Hadi Akeel AKEEL & VALENTINE, P.C. 888 West Big Beaver Road Troy, Michigan 48084-4736 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on the 3rd day of October, 2008, I caused the foregoing Plaintiffs' Motion for Leave To File a Rebuttal to be emailed via the ECF system to the following: J. William Koegel, Jr. Virginia Bar No. 38243 John F. O'Connor (pro hac vice application pending) Attorneys for Defendants CACI Premier Technology, Inc. and CACI International Inc STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 [phone] - telephone [phone] ­ facsimile [e-mail] [e-mail] ____/s/ Susan L. Burke_________ Susan L. Burke (VA Bar #27769) Counsel for Plaintiffs BURKE O'NEIL LLC 4112 Station Street Philadelphia, PA 19127 [phone] [phone] ­ facsimile [e-mail]