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Solis-Diaz v. Tompkins

United States District Court, D. Nevada

January 10, 2017

JUAN SOLIS-DIAZ, individually, Plaintiff,
v.
OFFICER S. TOMPKINS, employee of the Las Vegas Metropolitan Police Department in his official capacity and in his individual capacity; and DOES 1-10 inclusive, Defendants

          Marquis Aurbach Coffing Craig R. Anderson, Esq. Attorney for Defendant Ofc. Tompkins

          KIRK T. KENNEDY Attorney for Plaintiff

          STIPULATION AND ORDER REGARDING EVIDENTIARY ISSUES

         Defendant 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:

         1. In June 2011, plaintiff was acquitted of all criminal charges related to the incident giving rise to this 42 U.S.C. §1983 litigation.

         2. At the criminal trial, percipient witnesses Latoya Toalepai and Phillip Redmond testified as eye witnesses to the event.

         3. At the criminal trial, Kirk Kennedy, Esq., plaintiffs civil counsel, personally cross-examined both witnesses.

         4. The parties agree that both witnesses are unavailable to testify at trial. Defendant has unsuccessfully attempted to serve both witnesses and obtain their current addresses.

         5. The 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.

         6. The parties agree that both Toalepai's and Redmond's criminal trial testimony will be read in its entirety to the jury.

         IT IS SO STIPULATED this 21st day of December, 2016.

         IT IS ORDERED

         ORDER

         It is ...


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