| They won't rule on the motions, denying them, and simply lift the stay, will they? 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 Jun 14, 2011, at 9:58 PM, DHSULLIVAN@aol.com wrote: Oorah -- I was planning to send out an email to Team Wuterich tonight -
-you beat me to it.
Great news on the trial dates. I suppose it's too much to hope, but
maybe somebody on the Government side will come to their senses and make this
case go away before October.
Right now, the ball is in NMCCA's court. They have two motions before
them that are logically prerequisites for our mandamus petition -- the
motion to give us access to the sealed exhibit and the motion for
interrogatories. To the best of my knowledge, the government hasn't filed
a response to those. (Of course, maybe the government filed and never told
me; Maj Kirby's certification that he served all counsel with the motion to lift
the stay appears to be incorrect; I've never received a copy, contrary to NMCCA
rules.)
That said, we certainly don't want to wait too long before taking our next
step in case NMCCA either does nothing or denies our motions. I've been
bouncing from deadline to deadline over the past week, but my deadline pressures
will abate significantly after 2359 tomorrow night. So I'm planning to
start work in earnest of the mandamus petition on Thursday night. My guess
is that we'll have it ready to launch -- with whatever modifications are
necessary depending on the outcome of our motion practice -- on Monday.
But I'd probably still hold off on filing it until NMCCA rules on our motions if
the court hasn't done so by then.
Thoughts?
Semper Fi,
DHS In a message dated 6/14/2011 9:37:52 P.M. Eastern Daylight Time,
neal@puckettfaraj.com writes:
All: |