Gentlemen, It is not supportable. Although you all had indicated on 16 Feb that you could begin the BOI at noon on 31 March and continue on 1 April, I thought it prudent to check again with you last week on 24 Feb before we communicated with the prospective members, which as you may imagine have very busy schedules. While I did not receive a response from Mr. Faraj, I did receive communication from Capt Hur indicating that Capt Hur was still available and that he believed Mr. Faraj was still available based on prior communications. Based on the representations by Respondent's counsel on 16 Feb and 24 Feb, the gov't scheduled travel with prospective members who accordingly adjusted their schedules. Thank you. R/s, Jeff Muñoz Major USMC Deputy Staff Judge Advocate MAGTFTC-MCAGCC Box 788102 Twentynine Palms, CA 92278 Comm: 760-830-5252 BB: 760-401-7913 Fax: 760-830-5255 DSN: 312-230-xxxx Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, March 03, 2011 6:47 To: Munoz Maj Jeffrey V; Hur Capt Christian P Cc: Miner Maj Brett C Subject: Scarselli BOI Gentlemen, I have a conflict that will prevent me from being able to start at all on the 31st. It's the same one that caused me to request a start of noon on that day. I will definitely be available to start first thing on the Morning of April 1. Is this delay supportable? Please let me know. I recognize that this BOI may last more than one day. I cannot go on Saturday because I plan to be at a wedding for a close friend. I can continue on Monday if we need to. Please let me know your positions. -----Original Message----- From: Munoz Maj Jeffrey V [mailto:jeffrey.munoz@usmc.mil] Sent: Monday, February 28, 2011 11:02 AM To: Hur Capt Christian P; Haytham Faraj Cc: Miner Maj Brett C Subject: Respondent witnesses for Scarselli BOI Gentlemen, I know Maj Miner had asked for a list of Respondent witnesses previously. I may not have been on the email where you provided your response. Can you please forward me your response to that request ASAP? Thank you. R/s, Jeff Muñoz Major USMC Deputy Staff Judge Advocate MAGTFTC-MCAGCC Box 788102 Twentynine Palms, CA 92278 Comm: 760-830-5252 BB: 760-401-7913 Fax: 760-830-5255 DSN: 312-230-xxxx Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
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