United States District Court, D. Nevada
Marquis Aurbach Coffing Craig R. Anderson, Esq. Attorney for
Defendant Ofc. Tompkins
T. KENNEDY Attorney for Plaintiff
STIPULATION AND ORDER REGARDING EVIDENTIARY
Officer Scott Tompkins, by and through his attorney of
record, Craig R. Anderson, Esq. of Marquis Aurbach Coffing,
and Plaintiff Juan Solis-Diaz, by and through his attorney of
record, Kirk T. Kennedy, Esq., hereby stipulate as to the
following evidentiary issue:
June 2011, plaintiff was acquitted of all criminal charges
related to the incident giving rise to this 42 U.S.C.
the criminal trial, percipient witnesses Latoya Toalepai and
Phillip Redmond testified as eye witnesses to the event.
the criminal trial, Kirk Kennedy, Esq., plaintiffs civil
counsel, personally cross-examined both witnesses.
parties agree that both witnesses are unavailable to testify
at trial. Defendant has unsuccessfully attempted to serve
both witnesses and obtain their current addresses.
parties stipulate and agree that pursuant to Rule 804(b)(1)
of the Federal Rules of Evidence, the criminal trial
testimony of both witnesses is admissible and can be
read/used at the civil trial.
parties agree that both Toalepai's and Redmond's
criminal trial testimony will be read in its entirety to the
SO STIPULATED this 21st day of December, 2016.