Hadjarab et al v. Bush et al

REPLY to opposition to motion re for Pretrial Conference

D.D.C.November 9, 2005

-1- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) NABIL (Last Name Unknown), et al., ) ) Petitioners, ) ) v. ) Civil Action No. 05-CV-1504 (RMC) ) GEORGE W. BUSH, ) President of the United States, ) et al., ) ) Respondents. ) ) PETITIONER’S REPLY IN SUPPORT OF MOTION FOR PRETRIAL CONFERENCE On October 19, 2005, pursuant to FED. R. CIV. P. 16(a), Petitioner Nabil, through counsel, requested that the Court hold a pretrial conference. On November 4, 2005, after the filing of Respondent’s opposition, Judge Oberdorfer entered an Order to Show Cause why the case should not be dismissed for lack of jurisdiction. He also set a briefing schedule and scheduled the matter for hearing on December 5, 2005. In addition, Judge Oberdorfer ordered the Petitioner and the Respondents to “consult with Magistrate Judge Kay as soon as is practicable (but in any event before the hearing) to discuss how counsel for Petitioners may obtain access to the detainees who allegedly seek to be represented by next friends to determine if the detainees will authorize counsel to represent them directly.” The recently ordered conference with Magistrate Judge Kay and the December 5, 2005 hearing before Judge Oberdorfer should serve the goals of Petitioner’s motion for Case 1:05-cv-01504-UNA Document 12 Filed 11/09/2005 Page 1 of 4 -2- pretrial conference: namely, to afford Mr. Nabil a fair process, to establish continuing control over this action and to expedite its disposition. The conference with Magistrate Judge Kay may resolve some of the case management issues that would have been discussed at the requested pretrial conference. It therefore appears that it is not urgent to hold a pretrial conference pursuant to FED. R. CIV. P. 16(a) prior to the December 5, 2005 hearing before Judge Oberdorfer. Petitioner Nabil requests that his motion be held in abeyance. Respondents have provided no authority that this Court is precluded from establishing management and control of this action through a Rule 16(a) pretrial conference or through a comparable procedure. Assuming Judge Oberdorfer determines that the Court has jurisdiction over Mr. Nabil’s petition for writ of habeas corpus, presumably the Court will schedule such additional conferences as are appropriate to discuss case management issues. Case 1:05-cv-01504-UNA Document 12 Filed 11/09/2005 Page 2 of 4 -3- DATED: November 9, 2005 Respectfully submitted, Counsel for Mr. Nabil: /s Rick D. Bailey ________________________________1_________ J. Triplett Mackintosh (Colorado State Bar #22359) Todd W. Miller (Colorado State Bar #16306) Rick D. Bailey (Colorado State Bar #26554) Hamid M. Khan (Colorado State Bar #34139) James E. Williams (Colorado State Bar #34727) Hillary M. Hebert (Colorado State Bar #35906) HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8000 Of Counsel Barbara J. Olshansky (New York State Bar #3635) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway New York, New York 10012 Telephone: (212) 614-6439 Case 1:05-cv-01504-UNA Document 12 Filed 11/09/2005 Page 3 of 4 -4- CERTIFICATE OF SERVICE I certify that on November 9, 2005, I served a copy of the foregoing document to the following by electronic filing and also by U.S. Mail. c/o Preeya Noronha Peter D. Keisler Joseph H. Hunt Kenneth L. Wainstein Douglas N. Letter Vincent M. Garvey Terry M. Henry James J. Schwartz Robert J. Katerberg Nicholas J. Patterson Andrew I. Warden Edward H. White United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Room 7144 Washington, DC 20530 preeya.noronha@usdoj.gov /s Rick D. Bailey 3475130_1.DOC Case 1:05-cv-01504-UNA Document 12 Filed 11/09/2005 Page 4 of 4