Show cause order attached. v/r Sip -----Original Message----- From: Sripinyo, Kirk Major NAMARA, CODE 45 Sent: Tuesday, July 12, 2011 14:09 To: 'dhsullivan@aol.com'; neal@puckettfaraj.com Cc: dwight.sullivan@pentagon.af.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil; babu_kaza@hotmail.com Subject: RE: Show Cause Order ICO Wuterich All- I don't know, 21 July isn't a ton of time for them to respond, though I suppose Keller could cannabilize a lot of his previous briefs to get it done. Since the stay is in force, the government has already turned off the trial, right? If I'm Keller, I'd get it done right rather than quick under these circumstances. I don't think I'd read too much into the substitution (removal). They've been substituting the United States as Respondent on Ex Writ cases. I'll get the order scanned and mailed out. v/r Sip -----Original Message----- From: dhsullivan@aol.com [mailto:dhsullivan@aol.com] Sent: Tuesday, July 12, 2011 11:53 To: Sripinyo, Kirk Major NAMARA, CODE 45; neal@puckettfaraj.com Cc: dwight.sullivan@pentagon.af.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil; babu_kaza@hotmail.com Subject: RE: Show Cause Order ICO Wuterich Oorah -- Maj Sip, didn't you call this one? Didn't you say that they wouldn't rule without issuing a show cause order this time? Do you think that Keller will file significantly before their 21 July deadline in an effort to get it resolved more quickly? Could you please scan the order and shoot it out to all of us? Semper Fi DHS -----Original Message----- From: Sripinyo, Kirk Major NAMARA, CODE 45 <kirk.sripinyo@navy.mil> To: Puckett Neal <neal@puckettfaraj.com> Cc: Sullivan Dwight <DHSULLIVAN@aol.com>; Sullivan Dwight <dwight.sullivan@pentagon.af.mil>; Faraj Haytham <haytham@puckettfaraj.com>; Marshall Meridith <meridith.marshall@usmc.mil>; Babu Kaza <babu_kaza@hotmail.com> Sent: Tue, Jul 12, 2011 10:56 am Subject: RE: Show Cause Order ICO Wuterich 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
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NMCCA Show Cause Order of 11 July 2011, ICO US v. Wuterich.pdf
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