| Mathematicians. I HATE those guys. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 14, 2011, at 10:57 AM, Sripinyo, Kirk Major NAMARA, CODE 45 wrote: Haven't seen it yet, but you're right. There's 0.174% chance the court says no. I swear that's an accurate calculation and not something I pulled out of a hat. v/r Sip -----Original Message----- From: Sullivan, Dwight H CIV USAF AFLOA/JAJA [mailto:Dwight.Sullivan@pentagon.af.mil] Sent: Thursday, July 14, 2011 10:43 To: Puckett Neal Cc: dhsullivan@aol.com; babu_kaza@hotmail.com; Sripinyo, Kirk Major NAMARA, CODE 45; haytham@puckettfaraj.com; meridith.marshall@usmc.mil Subject: RE: Appellate Government wants an extension in Wuterich Almost certainly. Maj Sip, have they filed their consent motion yet? Semper Fi, DHS Dwight H. Sullivan Senior Appellate Defense Counsel Air Force Appellate Defense Division (AFLOA/JAJA) 1500 West Perimeter Road, Suite 1100 Joint Base Andrews, MD 20762 240-612-4773 DSN: 612-4773 Fax: 240-612-5818 -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Thursday, July 14, 2011 10:41 AM To: Sullivan, Dwight H CIV USAF AFLOA/JAJA Cc: dhsullivan@aol.com; babu_kaza@hotmail.com; kirk.sripinyo@navy.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil Subject: Re: Appellate Government wants an extension in Wuterich Dwight, Since we don't oppose, will their request be granted by the court? Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com www.twitter.com/puckettfaraj The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 13, 2011, at 9:15 AM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote: Well here's a surprising development. I speculated Code 46 would try to file before its 20-day filing deadline had run. It turns out that quite the contrary, Code 46 wants 10 days MORE time. Neal, I assume that we don't oppose this request, n'est ce pas? From Code 46: "Does Petitioner consent to a 10-day enlargement for the Gov't show cause Answer ICO Wuterich -- July 21 to July 31?" Semper Fi, DHS Dwight H. Sullivan Senior Appellate Defense Counsel Air Force Appellate Defense Division (AFLOA/JAJA) 1500 West Perimeter Road, Suite 1100 Joint Base Andrews, MD 20762 240-612-4773 DSN: 612-4773 Fax: 240-612-5818 -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Tuesday, July 12, 2011 12:06 PM To: dhsullivan@aol.com Cc: babu_kaza@hotmail.com; kirk.sripinyo@navy.mil; Sullivan, Dwight H CIV USAF AFLOA/JAJA; haytham@puckettfaraj.com; meridith.marshall@usmc.mil Subject: Re: Show Cause Order ICO Wuterich Buzz kill. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com www.twitter.com/puckettfaraj The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 12, 2011, at 12:02 PM, dhsullivan@aol.com wrote: Of course, to be the hypertechnical appellate counsel, it isn't actually a substition of a party. We named the United States as a respondent too. So really they are dismissing a respondent, not substituting one. Semper Fi, DHS -----Original Message----- From: Puckett Neal <neal@puckettfaraj.com> To: Babu Kaza <babu_kaza@hotmail.com> Cc: kirk.sripinyo@navy.mil; dhsullivan@aol.com; dwight.sullivan@pentagon.af.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil Sent: Tue, Jul 12, 2011 11:45 am Subject: Re: Show Cause Order ICO Wuterich Wow, I like the way this guy thinks! Who's with me? Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com <http://www.puckettfaraj.com/> www.twitter.com/puckettfaraj The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 12, 2011, at 11:38 AM, Babu Kaza wrote: I could be wrong, but it seems to me that NMCCA substituting the United States as the Respondent is a good thing. This would appear to indicate that NMCCA's focus is jurisdictionally on the United States taking action to recall Vokey, as opposed to Judge Jones having to do anything. If that is where their focus is at then I would think we have already won the major battle. Maybe I'm reading too much into it... ________________________________ Subject: Re: Show Cause Order ICO Wuterich From: neal@puckettfaraj.com Date: Tue, 12 Jul 2011 10:59:01 -0400 CC: DHSULLIVAN@aol.com; dwight.sullivan@pentagon.af.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil; babu_kaza@hotmail.com To: kirk.sripinyo@navy.mil How long after that do you think they'll take to issue a ruling? Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com <http://www.puckettfaraj.com/> www.twitter.com/puckettfaraj The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 12, 2011, at 10:56 AM, Sripinyo, Kirk Major NAMARA, CODE 45 wrote: Sir- Yes, unless we moved for an enlargement of time to file. But without specific reasons for doing so, such a motion would likely not be well received. v/r Sip -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com <mailto:neal@puckettfaraj.com?> ] Sent: Tuesday, July 12, 2011 10:55 To: Sripinyo, Kirk Major NAMARA, CODE 45 Cc: Sullivan Dwight; Sullivan Dwight; Faraj Haytham; Marshall Meridith; Babu Kaza Subject: Re: Show Cause Order ICO Wuterich Awesome! Does that mean we'll be replying NLT 28 July, if they file on the deadline? Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com <http://www.puckettfaraj.com/> www.twitter.com/puckettfaraj The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jul 12, 2011, at 10:52 AM, Sripinyo, Kirk Major NAMARA, CODE 45 wrote: Team Wuterich- Yesterday, the NMCCA issued a show cause order to the government in the subject case. It ordered two things: "(1) That the Government shall, on or before 21 July 2011, show cause as to why relief in the form of abatement of court-martial proceedings should not be granted. The Petitioner may file a reply within seven days of receipt of the Government's response to this order. (2) That both parties take note of and incorporate into all future pleadings the fact that the United States has been substituted as Respondent in this case." In a footnote, the Court notes that "Petitioner has previously sought and obtained from this Court a stay of proceedings in the case, which was issued on 27 May 2011 and remains in effect until further order of this Court." v/r Sip = |