Opinion
BENJAMIN B. WAGNER, United States Attorney, TODD A. PICKLES, ROGER YANG, Assistant United States Attorneys, Sacramento, CA, Attorneys for Plaintiff United States of America. BARTH, TOZER & DALY LLP, KRESTA NORA DALY, ESQ., for defendant ROBIN DIMICELLI.
MARCUS MERCHASIN, ESQ., for defendant Edward Khalfin.
STIPULATION AND PROPOSED ORDER TO TAKE THE DEPOSITION OF HOWARD WING
WILLIAM B. SHUBB, District Judge.
STIPULATION
The United States of America, through the undersigned Assistant United States Attorney, and defendants Robin Dimiceli and Eduard Khalfin, through their undersigned counsel of record, hereby agree and stipulate to the following.
1. This matter is currently set for trial on October 27, 2015.
2. The Indictment charge defendants with numerous counts of mail fraud and making false statements in a loan application, including in relation to the purchase of properties by Howard Wing.
3. On September 9, 2015, counsel for the United States was informed by counsel for Mr. Wing that Mr. Wing has a serious medical condition that may affect his ability to travel or to testify at a trial in this case on October 27, 2015 or thereafter.
4. On September 11, 2015, counsel for the United States, for Ms. Dimiceli, and Mr. Wing participated in a conference call with Mr. Wing's physician about his current medical condition and prognosis.
5. Based upon Mr. Wing's current medical condition and prognosis, the parties agree that there are exception circumstances and it is in the interests of justice to permit the taking of Mr. Wing's deposition to preserve his testimony for trial pursuant to Rule 15(a)(1) of the Federal Rules of Criminal Procedure.
6. The parties further respectfully request the Court's consent, pursuant to Rule 15(h), to take the deposition of Mr. Wing.
7. Nothing in the stipulation waives any parties' right to object to the admissibility of Mr. Wing's testimony at trial on any ground, including Mr. Wing's availability to testify at trial or his competency to testify.
IT IS SO STIPULATED.
ORDER
The Court hereby ADOPTS the parties' stipulation. Accordingly, pursuant to Rules 15(a)(1) and 15(h) of the Federal Rules of Criminal Procedure, the Court hereby permits the parties to take the deposition of Howard Wing in the manner permitted under Rule 15.
IT IS SO ORDERED.