Tariq Alsawam v. George W. Bush -- 05-cv-1244 (CKK) -- joint status report

JOINT STATUS REPORT

Undersigned counsel for the Petitioner and Respondents in this case respectfully submit this joint status report pursuant to the Court’s November 14, 2008 Order.

A. Background.
Petitioner was detained by the United States military in December 2001, and continues to be held at the United States Naval Station in Guantanamo Bay, Cuba. He filed the Petition for Writ of Habeas Corpus in this matter on June 22, 2005.

B. Status of Compliance with Judge Hogan’s Case Management Order (“CMO”).
On November 18, 2008, Respondents filed “Motion for Clarification and Reconsideration of this Court’s November 6, 2008 CMO and Supplemental Orders or, in the Alternative, Motion for Certification for Appeal Pursuant to 28 U.S.C. § 1292(b) and to Stay Certain Obligations Pending Resolution of the Motion and Any Appeal” (Docket #74). On November 21, 2008, in response to Respondents' Motion, Judge Hogan stayed various deadlines in the Case Management Order. Petitioner’s opposition to the government’s motion is due and will be filed November 26, 2008. The following is the current status of the obligations set forth in the CMO.

C. Additional Matters Not Decided by Case Management Order.
The following additional matters remain to be decided:
 * 1) Petitioner expects to file a motion for specific, narrowly-tailored discovery pursuant to ¶ I.E.2 of the CMO. Petitioner will confer with government counsel before filing such a motion.
 * 2) Petitioner expects to move for judgment on the record pursuant to ¶ III.A of the CMO. The motion will contain Petitioner’s objection to the government’s Statement of Legal Justification for Detention.

D. Proposed Schedule.
In their motion to reconsider the CMO, Respondents propose an amended schedule for the filings required by the CMO. Petitioner does not object to the Respondents’ request to delay their filing of the unclassified factual return to no later than December 12, 2008, the request to delay Petitioner’s filing of a preliminary traverse to no later than January 9, 2008, or the request for this Court to set a schedule for the merits briefing at a status conference following the filing of the preliminary traverse and completion of discovery. However, Petitioner objects to any delay in the production of the discovery required by the CMO, as these materials are necessary for the completion of the traverse.

II. Respondents submit the following:
Respondents note the following additional matters not decided by the November 6, 2008 Case Management Order:


 * 1) On November 21, 2008, in response to Respondents’ November 18, 2008 motion for clarification and reconsideration or in the alternative for certification for appeal and to stay, Judge Hogan stayed various deadlines in the Case Management Order.
 * 2) On October 14, 2008, Respondents filed a motion to dismiss improper respondents; that motion remains pending.

Additionally, Respondents dispute Petitioner's assertion that Respondents' November 20, 2008 Notice Pertaining to Production of Exculpatory Evidence, (Dkt. No. 77) does not comply with ¶ I.D of the CMO.

Dated: November 26, 2008