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.
MICHAEL HANSEN, ESQ., For defendant DIANA WOODS.
STIPULATION AND PROPOSED ORDER TO TAKE THE DEPOSITION OF HOWARD WING
WILLIAM B. SHUBB, Senior District Judge.
STIPULATION
The United States of America, through the undersigned Assistant United States Attorney, and defendant Diana Woods, through her undersigned counsel of record, hereby agree and stipulate to the following.
1. This matter is currently set for trial on November 10, 2015.
2. Counsel for Ms. Woods has previously indicated that Ms. Woods may seek a continuance of the trial date beyond November 10, 2015.
3. Counts 4 and 5 of the Indictment charge Ms. Woods with mail fraud and Counts 9 and 10 charge Ms. Woods with making a false statement in a loan application all in relation to the purchase of two properties by Howard Wing.
4. 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 will very likely affect his ability to travel or to testify at a trial in this case on November 10, 2015 or thereafter.
5. The parties therefore 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.
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.