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RE: Ochoa Continuance
All,
This is my bust, for some reason I thought we had changed this back to the 16th after the conference call I referenced in my email below.
Let's keep the Art 32 for Ochoa on the 15th. I'll be able to work out the witness issues.
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
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