U.S. v. ALBRIGHT, 2:11-CR-00226-TLN. (2014)
Court: District Court, E.D. California
Number: infdco20140516674
Visitors: 7
Filed: May 15, 2014
Latest Update: May 15, 2014
Summary: STIPULATION AND ORDER RE: DEPOSITION TROY L. NUNLEY, District Judge. STIPULATION The United States, by and through its undersigned counsel, and the defendants, by and through their counsel of record, hereby stipulate as follows: 1. This matter is set for Jury Trial beginning July 28, 2014. 2. At trial, the United States intends to call Leslie Rivera. Ms. Rivera is a former employee at CVS who processed several photographs for defendant Albright. Ms. Rivera is expected to testify regarding
Summary: STIPULATION AND ORDER RE: DEPOSITION TROY L. NUNLEY, District Judge. STIPULATION The United States, by and through its undersigned counsel, and the defendants, by and through their counsel of record, hereby stipulate as follows: 1. This matter is set for Jury Trial beginning July 28, 2014. 2. At trial, the United States intends to call Leslie Rivera. Ms. Rivera is a former employee at CVS who processed several photographs for defendant Albright. Ms. Rivera is expected to testify regarding (..
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STIPULATION AND ORDER RE: DEPOSITION
TROY L. NUNLEY, District Judge.
STIPULATION
The United States, by and through its undersigned counsel, and the defendants, by and through their counsel of record, hereby stipulate as follows:
1. This matter is set for Jury Trial beginning July 28, 2014.
2. At trial, the United States intends to call Leslie Rivera. Ms. Rivera is a former employee at CVS who processed several photographs for defendant Albright. Ms. Rivera is expected to testify regarding (1) the policies and procedures of the CVS photo lab, (2) the operation of the photo processing equipment at CVS, and (3) the authenticity of several photographs that the United States intends to offer into evidence. Ms. Rivera is currently pregnant with an expected due date of August 21, 2014. Ms. Rivera lives in Southern California. Requiring Ms. Rivera to travel to Sacramento to testify during the scheduled trial dates presents an undue hardship and significant medical risk to Ms. Rivera.
3. All parties are available and have agreed to conduct a deposition on May 15, 2014, at 9:00 a.m.
4. Defendant Wirtz is currently in custody. The United States will make arrangements to have defendant Wirtz brought to the courthouse so that he may participate in the deposition.
5. Pursuant to Rule 15(h) of the Federal Rules of Criminal Procedure, the "parties may by agreement take and use a deposition with the court's consent."
6. By this Stipulation, the parties request that the Court consent to the parties planned deposition of Ms. Rivera on May 15, 2014, at 9:00 a.m. to be taken at the ROBERT T. MATSUI FEDERAL COURTHOUSE, 501 I Street, Sacramento, CA 95814.
7. The parties have agreed to take the deposition. The parties have not, however, agreed that the deposition will be admissible at the July 2014 trial. Pursuant to Rule 15(f), "[a]n order authorizing a deposition to be taken under this rule does not determine its admissibility. A party may use all or part of a deposition as provided by the Federal Rules of Evidence."
IT IS SO STIPULATED.
ORDER
The parties are hereby authorized to take the deposition of witness Leslie Rivera on May 15, 2014, at 9:00 a.m. This authorization does not determine the admissibility of all or parts of the deposition.
IT IS SO FOUND AND ORDERED.
Source: Leagle
