0830 is fine with me. See you then. Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 -----Original Message----- From: Hatch MAJ Douglas C Sent: Wednesday, November 10, 2010 10:10 To: Haytham Faraj; Fitz Maj Danielle N; Marshall Maj Meridith L Subject: RE: Ochoa Continuance All, Request to start at 0830. We're going to have to do this in the hearing room (next to the courtroom), as there will be several court sessions being held in the courtroom in the morning. Maj Hatch -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, November 10, 2010 9:26 AM To: Fitz Maj Danielle N; Hatch MAJ Douglas C; Marshall Maj Meridith L Subject: RE: Ochoa Continuance I have it on my schedule for the 15th. The 16th is problematic because I am scheduled for a 39a that will probably last all day at Camp Pendleton. Maj Houtz. The 39a is for Vega. If you believe the PTA will be accepted by the CA, then I have no objection to doing the Article 32 on the 16th, provided Maj Marshall is also available. Vr, Haytham -----Original Message----- From: Fitz Maj Danielle N [mailto:danielle.fitz@usmc.mil] Sent: Wednesday, November 10, 2010 12:10 PM To: Hatch MAJ Douglas C; Marshall Maj Meridith L; Haytham Faraj Subject: RE: Ochoa Continuance I had scheduled it on the 16th and then I received the email from you (see below) indicating that everyone is available on the 15th. I am available all next week so just let me know when you want to start. Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 -----Original Message----- From: Hatch MAJ Douglas C Sent: Wednesday, November 10, 2010 9:06 To: Fitz Maj Danielle N; Marshall Maj Meridith L; 'Haytham Faraj' Subject: RE: Ochoa Continuance All, For some reason I had the 16th on my calendar--I apologize if that is in error. It will necessitate some major changes in witness availability (live vs. telephone) if we are in fact going on the 15th vice the 16th. Maj Hatch -----Original Message----- From: Fitz Maj Danielle N Sent: Wednesday, November 10, 2010 9:04 AM To: Fitz Maj Danielle N; Marshall Maj Meridith L; Hatch MAJ Douglas C; 'Haytham Faraj' Subject: RE: Ochoa Continuance I still have the Ochoa Art 32 on my calendar for the 15th of Nov. What time does everyone want to start? Are there any witness or evidentiary issues we can discuss before we start? Thanks, Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 -----Original Message----- From: Fitz Maj Danielle N Sent: Thursday, October 28, 2010 14:20 To: Marshall Maj Meridith L; Hatch MAJ Douglas C; 'Haytham Faraj' Subject: RE: Ochoa Continuance Our liberty period ends at noon on the 15th, but I can be flexible too, so the 15th is fine. Let me know what time you want the conference call tomorrow. Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 -----Original Message----- From: Marshall Maj Meridith L Sent: Thursday, October 28, 2010 14:08 To: Hatch MAJ Douglas C; Fitz Maj Danielle N; 'Haytham Faraj' Subject: RE: Ochoa Continuance All, I am available tomorrow morning and on 15 November if Wuterich gets moved. R/ Major Meridith L. Marshall Senior Defense Counsel MCAS, Miramar 858-577-1720 meridith.marshall@usmc.mil -----Original Message----- From: Hatch MAJ Douglas C Sent: Thursday, October 28, 2010 2:06 PM To: Fitz Maj Danielle N; 'Haytham Faraj'; Marshall Maj Meridith L Subject: RE: Ochoa Continuance All, I just spoke to Mr. Faraj and he can be available on 15 Nov (assuming Wutterich gets moved). Government has no problem doing this 32 on the 15th, assuming Maj Marshall and Maj Fitz are likewise available. Are all parties available for a conference call tomorrow morning? Maj Hatch -----Original Message----- From: Fitz Maj Danielle N Sent: Thursday, October 28, 2010 2:05 PM To: Haytham Faraj; Hatch MAJ Douglas C; Marshall Maj Meridith L Subject: RE: Ochoa Continuance Mr. Faraj, The 32 is scheduled for 16 November 2010. Based upon representation by both trial and defense counsel, we set the date for the 16th. As that date draws nearer, and either party decides that they are not available for the 16th, they can submit a continuance. R/ Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, October 28, 2010 13:43 To: Fitz Maj Danielle N; Hatch MAJ Douglas C; Marshall Maj Meridith L Subject: RE: Ochoa Continuance Maj Fitz, I anticipated being available on 3 November. The DDC was going to be excused by the client. I want to make sure the record reflects that. Moreover, even if we can't go on 3 November, I anticipated going the week of 9 November, unless I am in trial. If the month long trial I am currently scheduled does not go, I will be available 9 November. I will not be available the week of 16 November because I am scheduled for a trial in U.S. v. Vega. I request you please clarify. I, at this point, don't care what's declared excusable or not. I merely request clarification on the date. Vr, Haytham Faraj -----Original Message----- From: Fitz Maj Danielle N [mailto:danielle.fitz@usmc.mil] Sent: Thursday, October 28, 2010 4:26 PM To: Hatch MAJ Douglas C; Marshall Maj Meridith L; haytham@puckettfaraj.com Cc: Fitz Maj Danielle N Subject: Ochoa Continuance I've attached the original continuance request along with my letter granting the request until 16 Nov. r/ Danielle Fitz Major, USMCR Head, Civil Law Office of the Staff Judge Advocate MCB Camp Pendleton 760.725.6094 This e-mail, and any attachment thereto, is intended only for use by the addressee named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution, or copying of this transmission, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify this sender immediately at the telephone number listed above and permanently delete the message and its accompanying attachments from your computer.
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