Re: 802 Conference ICO US v Wacker

[Haytham <haytham@puckettfaraj.com>]

No objection here. 

Haytham Faraj 
760-521-7934
Sent from my iPhone

On Sep 17, 2010, at 8:17 PM, "Day Capt Evan S" <evan.s.day@usmc.mil> wrote:

> All right, let's get on the phone sometime next week.  In the meantime, any objection to 4 Oct 10 as a response to motions due date?  It's probably more time than anyone needs, but given the amount of time we have before a 39(a), I don't see any reason not to take the extra time.
> 
> Very Respectfully,
> Captain Evan S. Day
> Trial Counsel, Military Justice Office
> Joint Law Center
> 3rd MAW/ MCAS Miramar
> Comm: 858-577-1887
> DSN: 312-267-1887
> Fax: 858-577-1734
> 
> 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: Friday, September 17, 2010 8:11
> To: Day Capt Evan S
> Cc: Hur Capt Christian P; Hatch MAJ Douglas C
> Subject: RE: 802 Conference ICO US v Wacker
> 
> Capt Day,
> I would be happy to work with your schedule so as not to interfere with your vacation.  I cannot do the weekend you propose.  I will be in a conference in San Diego that weekend, 18-21 November.  It's nothing that I can't move but I prefer not to.  That weekend may also bump against the scheduled Wuterich trial dates. I recommend we get on the phone to discuss this.
> 
> Haytham Faraj, Esq.
> PUCKETT & FARAJ, PC
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> -----Original Message-----
> From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
> Sent: Thursday, September 16, 2010 8:20 PM
> To: Jones LtCol David M; Sullivan LtCol Sean; haytham@puckettfaraj.com
> Cc: Rubin LtCol Peter R; Hur Capt Christian P; Hatch MAJ Douglas C
> Subject: 802 Conference ICO US v Wacker
> 
> Good Afternoon Gentlemen,
> 
> Here is my summary of our RCM 802 conference this afternoon:
> - Currently docketed trial and Article 39(a) dates will be cancelled. 
> - Next Art 39(a) session will be 11 October at 1600 on board MCB Camp Pendleton (following US v Wuterich motions), focused on issues relating to production of witnesses for motions.
> - Counsel for both sides will re-submit previously filed motions to MJ.
> - Art 39(a) motions session will be 22-24 November.
> - Trial will be 31 January 11- 11 February 11.
> - Counsel will agree on new appropriate trial milestones and submit consent MFD to MJ.
> 
> I realize that I should have spoken about this at the appropriate time during the conference call, but I would like to ask to reconsider holding the motions session on 22-24 November.  
> - On a practical level, we are going to have a large number of witnesses who have vacation travel plans immediately before Thanksgiving.  Holding a motions hearing then is likely to either interfere with witness vacation plans or make it likely that more witnesses will need to be produced telephonically or via VTC rather than in person.  To the extent that witnesses are produced in person, that is an extremely difficult time to schedule travel, particularly if last-minute adjustments need to be made.
> - On a personal level, I have leave plans for 19 November through 6 December to drive up to Seattle with my wife and 3 kids to see my family.  Having a court session on 22-24 November will cancel my plans to see my extended family over Thanksgiving due to the difficulty and expense of getting a 3-year-old and 7-month-old twins on a commercial flight the day of or day before Thanksgiving.  If there is absolutely no other time, I would prefer to have motions over the weekend (19-21 November).  
> 
> Again, I absolutely should have spoke up during the 802 and I apologize for not doing so.  But if there is any way at all to find an alternate date for the motions hearing, I would like to find it.
> 
> Very Respectfully,
> Captain Evan S. Day
> Trial Counsel, Military Justice Office
> Joint Law Center
> 3rd MAW/ MCAS Miramar
> Comm: 858-577-1887
> DSN: 312-267-1887
> Fax: 858-577-1734
> 
> 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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>