Stipulations

Stipulation 1

Stipulation 1

For the convenience of the parties, witnesses, court, and jury, all potential exhibits have been prelabeled and pre-numbered. Those numbers will be used for all purposes at trial, regardless of which party first offers the exhibit or the order in which the exhibits are offered.

Stipulation 2

Both parties fully and timely complied with their discovery obligations. No pertinent evidence or information was withheld during discovery, and the parties agree that no documents other than the numbered exhibits are relevant. This stipulation does not bar relevance or other objections to any numbered exhibits. This stipulation also does not address demonstrative aids that may be used during trial and will not be admitted into evidence.

Stipulation 3

All parties and witnesses are at least of normal intelligence and none has or ever has had a mental condition that would impact a person’s perception, memory, or ability to respond to questions on cross examination.

Stipulation 4

All notice requirements of MRE 902(11) and 902(12) have been satisfied for all exhibits.

Stipulation 5

All times noted in witness statements and exhibits are in Midlands Daylight Savings Time (MDT) unless explicitly stated otherwise.

Stipulation 6

Both parties waive all objections arising under attorney-client privilege or spousal privilege.

Stipulation 7

Exhibits 1, 4a, 5a, 5b, 5c, 12, and 24 are pre-admitted. Both parties further stipulate that all preadmitted exhibits may be used (or referred to) during opening statements.

Stipulation 8

If Shannon Shahid is testifying, Exhibit 4b is pre-admitted. If pre-admitted, Exhibit 4b may be used (or referred to) during opening statements.

Stipulation 9

If R. Moore is testifying, Exhibits 14a, 14b, and 14c are pre-admitted. If pre-admitted, Exhibits 14a, 14b, and 14c may be used (or referred to) during opening statements.

Stipulation 10

All objections have been waived to Exhibits 2 and 3, and both sides agree that no additional foundation is necessary. Exhibits 2 and 3 may be entered at any time after the conclusion of opening statements.

Stipulation 11

Neither Exhibits 4a nor 4b is drawn to scale, and both sides waive all objections based on that. However, both sides acknowledge that Exhibits 4a and 4b accurately reflect the filed flight plan and actual flight path of N985MT from July 4, 2021.

Stipulation 12

Exhibits 5a, 5b, 5c, and 6 were taken on the morning of July 5, 2021, as part of the NTSB investigation into N985MT’s crash.

Stipulation 13

Exhibit 8a is a true and accurate scan of Reese Campbell’s Private Pilot License. A copy of Exhibit 8a is kept on a FAA database accessible to the public.

Stipulation 14

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

Stipulation 15

The complete maintenance records for N985MT were kept in the aircraft and were completely destroyed during the July 4, 2021 crash. The parties agree that the failure to keep maintenance records or backups in a place other than the aircraft does not constitute an act of negligence.

Stipulation 16

Koller Campbell Air LLC was first incorporated on April 25, 2020, in the state of Midlands.

Stipulation 17

Morgan Felder and Reese Campbell died as a result of the crash of N985MT on July 4, 2021. Reese Campbell was the sole pilot for N985MT on July 4, 2021. Morgan Felder was the sole passenger.

Stipulation 18

During all relevant times between April 25, 2020, and July 4, 2021, Reese Campbell was an owner of and an agent of Koller Campbell Air LLC. During all relevant times between April 25, 2020, and present—including the deposition taken on May 31, 2022—Casey Koller was an owner of and an agent of Koller Campbell Air LLC. As of the date of the trial, Casey Koller remains the sole owner of Koller Campbell Air LLC.

Stipulation 19

During the depositions of Ari Felder and Casey Koller, all deponents and parties to this action were represented by counsel. All signatures on the depositions are authentic and of the people they purport to be. The parties further stipulate that the documents labeled “Deposition of Ari Felder” and “Deposition of Casey Koller” are authentic, and no further testimony is needed to establish that fact.

Stipulation 20

From the end of their respective depositions to the beginning of trial, neither Ari Felder nor Casey Koller has seen, heard, or otherwise learned anything that would cause either of them to change the answers they provided to the questions asked during their respective depositions.

Stipulation 21

Both parties agree that the aircraft seen by Shannon Shahid twice on July 4, 2021, as mentioned in Shahid’s affidavit, was N985MT.

Stipulation 22

Both parties agree that Reese Campbell in no way committed or expressed or implicitly threatened bodily harm, physical violence, or sexual assault against Morgan Felder and that Morgan Felder in no way committed or expressed or implicitly threatened bodily harm, physical harm, or sexual assault against Reese Campbell. The parties further agree that the crash of N985MT on July 4, 2021, was not the result of suicide.

Stipulation 23

Both parties agree that Budget Fix Co., Incorporated and its employees were independent contractors of, and not employees of, Koller Campbell Air LLC.

Stipulation 24

The data recovered from the Flight Data Recorder and Blue Connect GPS tracking system is accurately summarized, in all material respects, in the NTSB Report (Exhibit 11). The parties agree that the underlying data logs from the Flight Data Recorder and the Blue Connect GPS tracking system shall not be admitted into evidence and that no objection or argument shall be made by any party regarding the failure to introduce the underlying data logs into evidence. The parties further agree not to object to the reliance upon the summaries of such data provided in the NTSB report by any expert on the grounds that such expert should have relied upon the underlying Flight Data Recorder and Blue Connect GPS data log.

Stipulation 25

Between June 30, 2021, and July 4, 2021, Reese Campbell fully adhered to his prescribed Fullertin regimen by taking one pill each morning and one pill each evening, including the evening of July 4, 2021, prior to N985MT’s flight. Further, both sides agree that independent testing confirmed that the medication Reese Campbell was taking was indeed Fullertin and that the Fullertin contained no contaminants.

Stipulation 26

On July 4, 2021, for the Rapid River Valley and surrounding areas—including Rapid River Valley Airfield, Basin Lake, and Mount McIntosh—sunset was at 8:27pm. The end of evening civil twilight—also known as the period after sunset when the sun is about 6 degrees below the horizon and during which on clear days there is enough light for ordinary outdoor occupations and activities—was 30 minutes later at 8:57pm.

Stipulation 27

Neither Morgan Felder nor anyone acting on Morgan Felder’s behalf paid any compensation to Reese Campbell or Koller Campbell Air LLC for the July 4, 2021 flight.

Stipulation 28

In Midlands, art forgery is a felony offense punishable by imprisonment for up to three years and/or a fine for up to $5000.

Stipulation 29

Between February 1, 2022, and present (including the date of trial), a copy of Exhibit 26 has appeared on the U.S. Food and Drug Administration’s official website.

Stipulation 30

Fullertin (Amoxicycline) was taken off the market on February 1, 2022.

Stipulation 31

Danny Idleson shall be deemed to be unavailable for purposes of MRE 804.