Al-Adahi v. Bush

• Court: District Court, District of Columbia
• Decided: January 14, 2009
• Docket: Civil Action No. 2005-0280
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ MOHAMMED AL-ADAHI, et al., : : Petitioners, : : v. : Civil Action No. 05-280 (GK) : GEORGE W. BUSH, et al., : : Respondents. : ______________________________:

ORDER

A Status Conference was held in this case on January 13, 2009,

most of which was open to the public, and part of which was closed

due to discussion of classified information. Upon consideration of

the representations of the parties, and the entire record herein,

it is hereby

ORDERED, that parties are to submit any briefing in support of

their view of the appropriate definition of “enemy combatant” by

January 21, 2009; and it is further

ORDERED, that Respondents must meet at least those discovery

obligations articulated in Judge Hogan’s Case Management Order

[#195; amended #219] by January 21, 2009; and it is further

ORDERED, that within one week of the date of this Order,

Petitioners shall provide Respondents with a realistic list that

prioritizes those factual issues which Petitioners request to be

de-classified. Within one week of receiving that list, Respondents will inform Petitioners as to whether those requests can be

satisfied; and it is further

Petitioners shall provide Respondents with a realistic list that

prioritizes the exculpatory evidence they are requesting. By

January 30, 2009, Respondents will inform Petitioners as to whether

those requests can be satisfied; and it is further

ORDERED, that Petitioners’ opposition to Respondents’ Motion

to Clarify, Reconsider, or Amend Three Case Management Order

Provisions and to Stay Those Obligations Pending Resolution of This

Motion and Any Appeal, if any, is due by January 26, 2009, at 5:00

p.m., and shall not exceed 27 pages (fewer pages would be

appreciated). Respondents’ reply is due by February 3, 2009, at

5:00 p.m., and is not to exceed 10 pages; and it is further

ORDERED, that parties’ motions on the admission of hearsay

evidence are due by January 30, 2009; and it is further

ORDERED, that Respondents shall provide to Petitioners by

January 19, 2009 those medical records that they are obligated to

turn over under the Court’s October 26, 2005 Order in connection

with the forced feeding of Petitioner Hamdoun; and it is further

ORDERED, that, on January 26, 2009, at 2:00 p.m., there will

be a Hearing regarding the Renewed Emergency Motion for Injunction

Against Further Torture of Mohammed Bawazir. By January 22, 2009,

Respondents shall file before the Court an affidavit from the

official responsible for Guantanamo Bay’s compliance with the

-2- Court’s October 26, 2005 Order regarding forced feeding. The

affidavit may be filed along with Respondents’ full opposition to

the Motion. Respondents should prepare to have the affiant

available for telephonic testimony during the Hearing; and it is

further

ORDERED, that the parties shall file a Joint Report on

discovery no later than February 12, 2009 at 4:00 p.m.

/s/ January 14, 2009 Gladys Kessler United States District Judge

Copies to: Attorneys of Record via ECF

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