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FILED WITH THE
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DATE: -
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OFFICER
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ABDUL HADI OMAR FARAJ,
Petitioner,
v. Civil Action No. 05-CV-1490 (PLF)
BARACK OBAMA, et ai.,
Respondents.
ORDER··
Following the status conference held by this Court on May 13, 2009, counsel for
Petitioner and for Respondents (the "Parties") met and conferred. In lieu of proceeding under the
Order entered by this Court on May 12, 2009, adopting the standard articulated in Zuhair v.
Obama, Civil Action No. 08-0864, the Parties have reached an agreement relating to the
production of discovery materials. Respondent, with respect to producing materials and briefing,
and Petitioner, with respect to briefmg, are hereby ORDERED:
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\¥i~A fortY-Dye da~TS after the date of entT)' aUbis QrrJi:r: Respondents will produce the
documents and other materials discussed below:
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A. From the consolidated assemblage of information from JIG and OARDEC,
Respondents will search for and produce: (1) statements in investigative and interrogation reports
ofPetitione b(2),b(6)
b(2),b(6)
at relate to the allegations in Petitioner's Factual Return; (2)
b(2),b(6)
interview transcripts and interrogator notes for Petitione I at
relate to allegations in Petitioner's Factual Retum; and (3) interrogation logs or .similar record or
any interrogation plan or similar record pertaining to Petitioner's statements which Respondents
rely on in the factual return. Production of responsive information will be subject to clearance by
appropriate agencies.
B. Respondents will search for and produce any reasonably available audio and video
recordings of Petitioner's interrogations that relate to allegations in Petitioner's Factual Return,·
subject to clearance by appropriate agencies.
C. Respondents will produce to Petitioner CMO Section I.E.l(3) circumstances
documents b(2) and will
b(2)
conduct for -. reasonable search for information relating to the circumstances
of statements • d relied on by Respondents in the Factual Return, all
subject to clearance by appropriate agencies.
D. Respondents will search for and produce the thirty-one documents identified by
counsel for Petitioner in his e-mail to Respondent dated May 14,2009, subject to clearance by
appropriate agencies.
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E. Consistent with Respondents' continuing obligations under CMO Section I.D.2,
to the extent additional infonnation relating to the reliability and credibility of Petitioner and
b(2) comes to Respondents' attention, that infonnation will be produced
subject to clearance of documents by appropriate agencies.
With respect .to the briefmg schedule in this matter, Respondents will file a Motion for
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Judgment on the Record nqtl:liA: ilix~r QH~~f il~r Elf Ml Orser, fir this Geurt; Petitioner will
file his Motion for Judgment on the Record and/or Opposition to Respondents' Motion ~
o~
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fivil 88:yil Qfriliiipt 8fR8B1'8ft8ilJWI' Metiun; and Respondents will file any Reply to the
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Motion for Judgment on the Record witbiA iift88ft en,s Oflecetl'l oft'elitiuIiCl?!l Metiem
The Status Conference scheduled for May 22, 2009 is cancelled.
This Courfs Order of May 13, 2009 is vacated.
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a4.
Dated: Ma~ 2009 ..
UNITED STATES DISTRICT JUDGE
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