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Odah v. United States

July 15, 2009

FAWZI KHALED A.F. AL ODAH, ET AL., PETITIONERS,
v.
UNITED STATES, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Colleen Kollar-kotelly United States District Judge

MERITS HEARING PROCEDURES ORDER

This Order sets forth the procedures to be followed in connection with Petitioner Al Odah's Merits Hearing.*fn1 It is, this 15th day of July, 2009, hereby ORDERED that counsel are directed to carefully review this Order and to comply with each of the following items.

1. Scheduling. Petitioner's Merits

Hearing is scheduled for August 11, 2009, at 9:30 A.M., to continue on August 12, 2009, at 9:30 A.M.*fn2 In connection with this hearing, the record for the Court's consideration shall consist of all evidence identified in the parties' respective Witness and Exhibit Lists and Petitioner's testimony if he decides to testify. Motions for leave to amend the parties' respective Witness and Exhibit Lists, Respondents' Statement of Facts, or the underlying Factual Return and Traverse, must be filed no later than August 3, 2009.*fn3 The parties are on notice that any evidence that has not been identified in the Witness and Exhibit Lists and disclosed to opposing counsel on or before August 3, 2009, may be excluded from consideration by the Court. The two exceptions to the August 3, 2009 deadline shall be (1) documents offered solely for the rebuttal of arguments made at the Merits Hearing that could not reasonably have been anticipated prior to August 3, 2009, or (2) exculpatory information, as to which Respondents have a continuing obligation to disclose to Petitioner.

2. Petitioner's Participation

Petitioner's counsel shall notify the Court on or before August 3, 2009, as to whether Petitioner wants to listen to the unclassified opening statements at his Merits Hearing.

3. Certification Regarding Exculpatory Evidence

For the reasons set forth in the Court's June 17, 2009 Order, Respondents shall file a Certification with the Court on or before August 3, 2009, stating that they have completed their review of all reasonably available information and disclosed all exculpatory evidence pursuant to the Amended Case Management Order, this Court's Discovery Orders, and the Court's Orders dated June 16, 2009, and June 17, 2009.

4. Exhibit Book

On the morning of August 11, 2009, the parties shall present the Court with a Joint Exhibit Book that contains the exhibits the parties anticipate presenting during Petitioner's Merits Hearing.

5. Intake Form

Respondents shall ascertain whether there exists an "intake form" created when the United States took custody of Petitioner Al Odah. If such a form exists, Respondents shall produce it to Petitioners' counsel on or before August 3, 2009, and the form must be included in the parties' Exhibit Book as an exhibit. If such a form does not exist, Respondents shall file a Notice indicating the same on or before August 3, 2009.

6. List of Contested Issues

The parties shall confer with respect to the contested issues that they expect to present during the Merits Hearing, and shall submit a Joint List of Contested ...


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