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Petitioners,

v.


____________________________________
)


MAHMOAD ABDAH, et al.,
)
)


)


)




)
)


BARACK H. OBAMA, et al.,
)


)

)

____________________________________)

















Respondents.








Civil Action No. 04-1254 (HHK)




Case 1:04-cv-01254-RCL Document 959 Filed 04/22/11 Page 1 of 2



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

STATUS REPORT FOR PETITIONER ABD AL MALIK ABD AL WAHAB (ISN 37)

On September 28, 2010, this Court issued a Minute Order granting the motion of



Petitioner Abd Al Malik Abd Al Wahab (ISN 37) for a continuance of the briefing and hearing

schedule until the Government produces all remaining discovery, the Court resolves an

anticipated discovery motion from Petitioner, and Petitioner’s counsel has had an opportunity to

prepare the case in light of the Government’s August 2010 additions to the factual return. (See

Pet. Mot. for Continuance, Doc. 916; Minute Order, Sept. 28, 2010.) The Court also directed

Petitioner to confer with Respondents and file a status report by no later than January 21, 2011.

(Minute Order, Sept. 28, 2010.) Petitioner filed this report on January 21, 2011, and stated that it

would file an updated status report on April 22, 2011. (Status Report, Doc. 945.)

Over the past several months, counsel for Petitioner has continued to prepare the case, in

part through ongoing research efforts in Yemen. Due to logistical and other obstacles in Yemen,

conducting such research continues to be difficult and will require, at a minimum, several

additional months. The outcome of that research, in turn, will shape the content of Petitioner’s

anticipated discovery motion, which remains forthcoming. For these reasons, counsel for



Case 1:04-cv-01254-RCL Document 959 Filed 04/22/11 Page 2 of 2



Petitioner propose to file another status report with the Court by no later than July 22, 2011, after

conferring with Respondents.1













Respectfully submitted,

/s/_Anthony J. Phillips __
Anthony J. Phillips
D.C. Bar. No. 991071
Alan A. Pemberton
D.C. Bar No. 367108
James McCall Smith
D.C. Bar No. 987082
COVINGTON & BURLING LLP
1201 Pennsylvania Ave., N.W.
Washington, DC 20004-2401
(202) 662-6000 (phone)
(202) 778-6000 (fax)
[email protected]
[email protected]
[email protected]

David H. Remes
D.C. Bar. No. 370372
APPEAL FOR JUSTICE
1106 Noyes Drive
Silver Spring, MD 20910
(202) 669-6508 (phone)
[email protected]

Marc D. Falkoff
D.C. Bar No. 491149
NORTHERN ILLINOIS UNIVERSITY
COLLEGE OF LAW
DeKalb, IL 60115
(347) 564-5043 (phone)
[email protected]

DATE: April 22, 2011

1 Petitioner’s counsel has conferred with Respondents pursuant to the Court’s Minute Order. The
Government “does not object to Petitioner’s request for additional time to investigate or develop his
case.” But the Government “does not waive its earlier objections to Petitioner’s use of this time to
develop additional discovery requests or to seek to admit further independent evidence.” Accordingly,
the Government “reserves its right to object to further discovery requests or to object to any evidence that
was not disclosed by Petitioner before September 10, 2010—the agreed-upon deadline for Petitioner to
move to amend to include any new evidence.”



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