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Merit Appeals Board <br />May 24, 2024 <br />So, I don't know how toI mean, I understand her point, however, she's mulling —muddying <br />the waters by doing it. <br />MS. MATHEWS: Can we get away with just doing it —the first part of the highlighted yellow <br />"or defer giving their opening statement" period. <br />MR. WISEMAN: Yeah, I agree with that. I don't like the rest of the words. I mean <br />MS. BOND: Yeah, that's where it becomes the word salad. <br />CHR. CABANAS: Well <br />MR. WISEMAN: Ask any appellant coming in here —layperson —what "case -in -chief 'means. <br />CHR. CABANAS: Well, what threw me off is the part that says —okay, I understand everything <br />but what threw me off was the part where it says, "or defer giving their opening statement" <br />okay, that's okay. The word "to" what does that "to" mean? <br />MR. YOSHIMOTO: I think she might mean until <br />MR. WISEMAN: I like Gay's offer. <br />CHR. CABANAS: Yes, but I think at some point we need to give them parameters because the <br />analogy I'm going to use iswe want to keep them on a river because the river has banks to the <br />river. We don't want them going out to the ocean the wide ocean. We need to give them <br />parameters. <br />So, yes, they can defer giving their opening statement before they present their case period. <br />MR. WISEMAN: Right. <br />CHR. CABANAS: We don't want them giving their opening statement at the very end. <br />MS. BOND: Before they present their case. <br />CHR. CABANAS: Yeah, before they present their case, what is the overview that's my <br />suggestion. <br />MS. BOND: So take out "to" and take out their "case -in -chief." <br />CHR. CABANAS: Yeah, their "case -in" —take out "in -chief '-just say, "present their case" <br />period. Yeah. I don't know if you folks agree with that but that would keep them on the river. <br />You don't want them going to the ocean. <br />Page 27 <br />