Stipulations

Question 1

Stipulation #1 (Exhibits)

Answer 1

All potential exhibits have been pre-labeled and pre-numbered. These are the labels used at trial, regardless of the order exhibits are offered or which party offers the exhibit.

Question 2

Stipulation #2 (Discovery)

Answer 2

• All parties fully complied with discovery obligations
• No pertinent evidence or info was withheld
• No documents other than those in case packet are relevant (though this does not mean the materials in the case packet are necessarily relevant)
• Does not apply to demonstrative aids

Question 3

Stipulation #3 (Capacity)

Answer 3

All parties and witnesses are “at least of normal intelligence”

None has ever had a condition that would impact their perception, memory, or ability to respond to cx (so don’t portray them as such)

Question 4

Stipulation #4 (Notice)

Answer 4

All notice requirements of MRE 902(11) & 902(12) have been satisfied for all exhibits (essentially means that we don’t need to show any certifying document or any record we intent to enter under the Records of Regular Conducted Business Activities @ Captain’s).

Question 5

Stipulation #5 (Times in Witness Affidavits)

Answer 5

All times are in Midlands Daylight Savings Time (MDT), unless explicitly stated otherwise

Question 6

Stipulation #6 (Attorney-Client/Spousal Privileges)

Answer 6

All attorney client/spousal privileges have been waived (@Ari, @Shannon, @Mandy)

Question 7

Stipulation #7 (Exhibits that are always pre-admitted)

Answer 7

• Exhibit 1 (A Photo of Morgan Felder)
• Exhibit 4A (The planned and actual flight map prepared by Drew Hubbard, w/o Basin Beach insert (that’s exhibit 4B)
• Exhibits 5a-c (Flight crash photos)
• Exhibit 12 (Campbell’s Medical Certificate)
• Exhibit 24 (A Photo of Reese Campbell)

These exhibits may be used or referred to during opening statements

Question 8

Stipulation #8 (Exhibits pre-admitted if Shannon Shahid is called)

Answer 8

-4B (The planned and actual flight map prepared by Drew Hubbard, w/ Basin Beach insert)

This exhibit may be used or referred to during opening statements if Shannon Shahid is called

Question 9

Stipulation #9 (Exhibits pre-admitted if R. Moore is called)

Answer 9

-Exhibits 14a-c (Fullertin prescription bottle label/prescription bottle itself)

This exhibit may be used or referred to during opening statements if R. Moore is called

Question 10

Stipulation #10 (Foundation & Entering Requirements for Exhibits 2 and 3)

Answer 10

All objections have been waived to Exhibits 2 (Mayday call audio) and 3 (Mayday call transcript) and no additional foundation is necessary. They may be entered into evidence at any time after the conclusion of opening statements

Question 11

Stipulation #11 (Exhibit 4 prohibited objections)

Answer 11

No objection may be made to exhibit 4a or 4b that it is not drawn to scale.

Both parties agree the exhibits accurately reflect the filed and actual flight path of the plane on July 4th, and cannot object on those grounds.

Question 12

Stipulation #12 (Background of Exhibits 5, 6)

Answer 12

Exhibits 5 and 6 were taken the morning of July 5th, 2021, by the NTSB

Question 13

Stipulation #13 (Authentication of Exhibit 8a)

Answer 13

Exhibit 8a is a true and accurate scan of Reese Campbell’s PPL, a copy of which is kept on a publicly accessible FAA database.

Question 14

Stipulation #14 (Authentication of Exhibit 16)

Answer 14

Exhibit 16 contains a true and accurate seal for the State of Midlands used by the Midlands Bureau of Tourism

Question 15

Stipulation #5 (Maintenance Records)

Answer 15

Complete Maintenance records destroyed in crash.
Failure to keep maintenance records or backups in a place other than aircraft is not an act of negligence

Question 16

Stipulation #16 (Founding of Koller-Campbell Air)

Answer 16

Koller-Campbell Air was incorporated in Midlands on April 25, 2020

Question 17

Stipulation #17 (Deaths of the N985MT Crash)

Answer 17

Morgan Felder and Reese Campbell died because of the July 4th crash.

Reese Campbell was the sole pilot.

Morgan Felder was the sole passenger.

Question 18

Stipulation #18 (When Reese and Casey were agents and owners of Koller Campbell Air)

Answer 18

• Reese Campbell was an agent and owner at all relevant times between April 25th, 2020 and July 4th, 2021
• Casey Koller is an owner and agent at all relevant times from April 25th, 2020 up to and including the present. They were an agent on May 31st, 2022 during the course of their deposition.

Question 19

Stipulation #19 (Authentication of depositions of Felder and Koller)

Answer 19

During the depositions of Felder and Koller they were represented by counsel. The signatures are authentic. The documents are authentic. No further testimony is needed to establish that fact.

Question 20

Stipulation#20 (Accuracy of Felder and Koller Depositions)

Answer 20

From the end of their depositions until the beginning of trial today, neither Ari Felder nor Casey Koller have seen, heard, or learned anything that would cause them to change their answers they provided during the depositions.