Filed: Mar. 11, 2019
Latest Update: Mar. 11, 2019
Summary: SECOND EVIDENTIARY STIPULATION FOR TRIAL JAMES C. MAHAN , District Judge . Defendant William Waller and the United States of America, by and through undersigned counsel, hereby stipulate for purposes of trial as follows: The parties agree that the following documents meet the foundational requirements described below, obviating the need for either party to call a custodian of documents. The parties reserve the right to object to the admissibility of any of the documents on other grounds, a
Summary: SECOND EVIDENTIARY STIPULATION FOR TRIAL JAMES C. MAHAN , District Judge . Defendant William Waller and the United States of America, by and through undersigned counsel, hereby stipulate for purposes of trial as follows: The parties agree that the following documents meet the foundational requirements described below, obviating the need for either party to call a custodian of documents. The parties reserve the right to object to the admissibility of any of the documents on other grounds, as..
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SECOND EVIDENTIARY STIPULATION FOR TRIAL
JAMES C. MAHAN, District Judge.
Defendant William Waller and the United States of America, by and through undersigned counsel, hereby stipulate for purposes of trial as follows:
The parties agree that the following documents meet the foundational requirements described below, obviating the need for either party to call a custodian of documents. The parties reserve the right to object to the admissibility of any of the documents on other grounds, as well as the right to call witnesses to explain, analyze, and otherwise present any of the documents identified in this filing.
Business and Public Records
In accordance with Federal Rule of Evidence 901(a), each of the documents identified below is what it purports to be, as listed in the "Description" column. In addition, the documents are either business records, or "records of a regularly conducted activity" as defined in FRE 803(6), or public records, as defined in FRE 803(8). Any objection to the admissibility of these documents will not be premised on foundational grounds of authenticity or hearsay.
Exhibit No. Description
6 T. Bonifatto 2012 Tax Return
7 3-21-06 Notice of Federal Tax Lien
44 Century 21 Advantage Gold Quickbook
Records
45 First American Title Co. Commission
Statement
46 First American Title Escrow Balance
47 First American Title HUD-1
60 Greater Las Vegas Association of Realtors
Records of Sales
61 Greater Las Vegas Association of Realtors
T Bonifatto
62 Greater Las Vegas Association of Realtors
Records Waller
63 Waller Real Estate License
64 GLVAR Buyer Side Data
65 GLVAR List Side Data
158 12-23-14 Notice of Federal Tax Lien
166 11-17-14 Release of Tax Lien
167 11-24-14 Release of Tax Lien
168 11-24-14 Notice of Federal Tax Lien
169 11-25-14 Letter from IRS to Waller re 2003
170 11-25-14 Letter from IRS to Waller re
2004-2009
171 11-25-14 Letter from IRS to Waller re 2003
appeal
172 11-25-14 Letter from IRS to Waller re
2004-2009 appeal
173 1-7-15 Letter from IRS to Waller re CDP
Hearing
174 1-15-15 Notice of Federal Tax Lien
177 1-28-15 Letter from IRS to Waller re CDP
Hearing
178 2-12-15 Letter from IRS to Waller re CDP
Hearing
190 Publication 594 — IRS Collection Process
191 7-9-13 Notice of Examination Report re
2004 to 2009
301 Southwest Gas Records re 1104 Sable
(summary)
303 Clark County Property Records (multiple
properties)
313 One Nevada Credit Union Records of
statement and activity (Lexus)
314 1-05-06 Waller Lexus Lease Application
315 1-5-06 — Waller Lexus Security Agreement
316 2009 Waller Lexus Lease Application
317 6-30-09 Waller Lexus Security Agreement
318 6-20-15 Bonifatto Mercedes Record of
Lease Payments
319 6-20-15 Bonifatto Mercedes Lease
Agreement
320 6-20-15 Bonifatto Mercedes Lease
Application
321 4-21-07 — Bonifatto Mercedes Record of
Lease Payments
322 3-13-09 — Bonifatto Mercedes Lease
Application
323 3-13-09 — Bonifatto Mercedes Lease
Agreement
324 3-13-09 — Bonifatto Mercedes Record of
Lease Payments
325 6-20-12 Bonifatto BMW Lease Application
326 6-20-12 Bonifatto BMW Security
Agreement
327 6-20-12 Bonifatto BMW additional loan
documents
328 Wrich Pools Invoices
329 DirectTV
350 01-cv-1190 D. Nev. Docket
353 8-7-02 Order Dismissing Compl. (01-cv-1190)
354 08-cv-1556 D. Nev. Docket
357 12cv1910 D. Nev. Docket
360 13-mc-68 D. Ariz Docket (Bonifatto)
363 13-cv-4084 D.S.D. Docket
366 13-mc-124 W.D.N.C. Docket (Bonifatto)
369 13cv5705_CD Cal Docket
372 13cv5197_EDPA Docket
375 13cv5196 EDPA Docket (Bonifatto)
408 Bank of America_1
409 Bank of America_2
435 Wells Fargo Records_14
439 Bank of America_6
443 Wells Fargo 0530 Statement for BH LLC
454 Check from C21 6-19-07
459 Wells Fargo Records_16
461a 11-21-12 Check from First American Title
Other Documents That Are Authentic
In accordance with Federal Rule of Evidence 901(a), each of the documents identified below is what it purports to be, as listed in the "Description" column. Any objection to the admissibility of these documents will not be premised on foundational grounds of authenticity.
Exhibit No. Description
155 4-19-06 CDP Request re 2003
156 8-22-07 CDP Request re 2003
159 1-27-15 Letter from Waller to SO Freitag
161 1-05-15 Letter from Waller to AO Freitag
162 10-10-08 Letter from Waller to RO Soto
163 9-25-14 Emaiil from Waller to RO Wray
164 8-2-13 CDP Request re 1999-2002
175 3-21-16 Letter from Waller to USAO
176 1-23-15 CDP Request re 1999-2000
180 12-7-16 Letter from Waller IV to SA
Watkins
189 3-3-16 Letter from Waller to SA Peng
351 10-12-01 Complaint re CDP
352 4-25-02 Objection to Gov. Mot. Summ.
Judg.
355 11-12-08 Petition to Quash (08-cv-1556)
356 1-14-09 Order denying Petition to Quash (08-cv-1556)
358 11-07-12 Petition to Quash (12-cv-1910)
359 5-1-13 Order denying Petition to Quash
(12-cv-1910)
361 8-2-13 Petition to Quash (Bonifatto) (13-mc-68)
362 11-15-13 Order denying Petition to
Quash (13-mc-68)
364 8-2-13 Petition to Quash (13-cv-4084)
365 11-5-13 Order denying Petition to Quash
(13-cv-4084)
367 8-5-13 Petition to Quash (13-mc-124)
(Bonifatto)
368 10-30-13 Order denying Petition to
Quash (13-mc-124) (Bonifatto)
370 8-7-13 Petition to Quash (13-cv-5705)
371 1-22-14 Order Dismissing Petition to
Quash (13-cv-5705)
373 8-6-13 Petition to Quash (13cv5197)
374 11-06-13 Order denying Petition to
Quash (13cv5197)
376 8-6-13 Petition to Quash (Bonifatto)
(13cv5196)
377 1-28-14 Order denying Petition to Quash
(Bonifatto) (13cv5196)
ACTION BY THE COURT
This case is set for jury trial on the stacked calendar on March 11, 2019. Calendar call was held on March 6.
This pretrial order has been approved by the parties to this action as evidenced by their signatures or the signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this case. This order may not be amended except by court order and based upon the parties' agreement or to prevent manifest injustice.
