Stipulation 1
For the convenience of the parties, witnesses, court, and jury, all potential exhibits have been pre-labeled 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 11
If Ashley Connel is testifying, all objections have been waived to Exhibits 5 and 32, and both parties agree that no additional foundation is necessary for admission. Additionally, Ashley Connel may testify to or otherwise discuss the contents of Exhibit 5.
Stipulation 12
12. If Dr. Hillary Edmund is testifying, all objections have been waived to Exhibit 19a, and both parties agree that no additional foundation is necessary for admission. If Dr. Edmund is testifying, Exhibit 19a may be entered at any time after the conclusion of opening statements.
Stipulation 21
21. Train 1985 of the Mid-Riverina Express had security cameras covering all entrances and exits into and out of the Platinum Section. Both parties agree that—until the Australian Federal Police and paramedics arrived after Avery Bancroft was already dead—only the following individuals were present in the Platinum Section between April 22, 2024 and April 25, 2024 (inclusive): Avery Bancroft, Kirby Doolittle, Ashley Connel, Bailey Connel, Taylor Hopson, Kelly Doos, Harley Kim, Alex Silva, Dana Haskins, Hillary Edmund, Jordan Nathanson, Rory Shelton, and the following employees: Farnsworth, Fritsch, Mothersbaugh, Zhang, and Strathmore. Both parties further agree that there are no security cameras within the Platinum Section and that none of the available security footage is relevant.
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. This stipulation does not prevent crossing a witness to attack their perception or memory (or lack thereof).
Stipulation 4
All notice requirements of MRE 902(11) and 902(12) have been satisfied for all exhibits.
Stipulation 13
. If Dr. Hillary Edmund is not testifying, Exhibit 19b is pre-admitted, and both sides agree that all information in Exhibit 19b is true and accurate, including that Avery Bancroft died of intentional poisoning by rodenticide. If pre-admitted, Exhibit 19b may be used (or referred to) during opening statements. Further, Exhibit 41 is the same type and brand of rodenticide as mentioned in Exhibit 19b.
Stipulation 14
14. If Kirby Doolittle is not testifying, Exhibits 29a-c are pre-admitted. If pre-admitted, Exhibits 29a-c may be used (or referred to) during opening statements.
Stipulation 22-25
22. Both parties agree that Shannon Shahid has never been to Australia. Revised: 12/17/2024 3
23. Taylor Hopson and Shannon Shahid are biological half-siblings. Hopson is the older sibling. Their shared parent is Avery Bancroft, and they have no other siblings other than one another. Bancroft had no other children other than Hopson and Shahid.
24. Avery Bancroft’s death was not the result of suicide or an attempt of suicide
25. At the time of his death, Avery Bancroft’s estate was worth approximately $404 million USD
Stipulation 5
The parties and witnesses waive all objections arising under the U.S. Constitution. Both parties also waive all objections arising under attorney-client, doctor-patient, or spousal privilege.
Stipulation 6
Exhibits 6, 7, 10, 11, 12, 18, 20, 21, 37, and 42 are pre-admitted. Both parties further stipulate that all pre-admitted exhibits may be used (or referred to) during opening statements.
Stipulation 15
15. The documents labeled “Defendant Taylor Hopson’s Responses to Plaintiff’s Interrogatories” and “Plaintiff Shannon Shahid’s Responses to Defendant’s Interrogatories” are authentic, and no further testimony is needed to establish that fact. Further, Taylor Hopson is familiar with the document labeled “Defendant Taylor Hopson’s Responses to Plaintiff’s Interrogatories” and affirms all of the information contained therein is true, accurate, and complete to the best of Hopson’s knowledge as of the day of trial.
Stipulation 16
16. During the depositions of Jordan Nathanson and Taylor Hopson, 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 Jordan Nathanson” and “Deposition of Taylor Hopson” are authentic, and no further testimony is needed to establish that fact.
Stipulation 26
26. Following Avery Bancroft’s death, the Australian Federal Police searched the Platinum Section of Train 1985 of the Mid-Riverina Express. They found the following Exhibits in Cabin 1: 6, 16b, 20, 22, 30, 34b, 35, and 37. They found Exhibits 16c, 34a, and 42 in Cabin 3. They found Exhibit 31 in a trash can in the lounge. Staff for the Mid-Riverina Express provided the Australian Federal Police with copies of Exhibits 10, 11, and 12.
Stipulation 7
All hearsay objections have been waived to Exhibits 22, 23, 24, and 35. Nothing in this stipulation speaks to the authenticity of those exhibits.
Stipulation 8
Exhibit 30 is a screenshot taken from Avery Bancroft’s phone by the Australian Federal Police on April 25, 2024. Further metadata analysis confirmed that Exhibit 30 was created and last modified at 4:57am on April 25, 2024.
17. From the end of their respective depositions to the beginning of trial, neither Jordan Nathanson nor Taylor Hopson 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 18
18. Both parties agree that Avery Bancroft in no way committed or expressed or implicitly threatened bodily harm or physical violence against Taylor Hopson or any other passenger (or staff member) of Train 1985 of the Mid-Riverina Express. Both parties also agree that no passenger or staff member in any way committed or expressed or implicitly threatened sexual assault against any other passenger or staff member of Train 1985 of the Mid-Riverina Express.
Stipulation 27-28
27. In addition to finding the exhibits mentioned in Stipulation 26, the Australian Federal Police took photographs and collected forensic evidence and other pieces of physical evidence during its investigation. However, through no fault of either party, all collected forensic evidence was destroyed during an explosion at the crime lab before any of it could be tested. In that same explosion, again through no fault of either party, most of the photographs taken and pieces of physical evidence collected by the Australian Federal police were destroyed. Only those exhibits mentioned in Stipulation 26 were salvaged by the Australian Federal Police. Further, other than Exhibits 13 and 14, the Australian Federal Police has generated no other transcripts or reports in connection with their investigation into Avery Bancroft’s death. 28. Both parties agree that there are no chain of custody issues with any of the numbered exhibits.
Stipulation 9
All objections have been waived to Exhibit 31, and both parties agree that no additional foundation is necessary for admission. To clarify, the parties have not stipulated who made the purchases shown in Exhibit 31.
Exhibits 40 and 41 are commercially sold products.
Stipulation 19
19. On April 25, 2024, Harley Kim deposited $7,500 in cash (USD) into their bank account.
Stipulation 20
20. All digital clocks on board Train 1985 of the Mid-Riverina Express were accurate at all times.
Stipulation 29-31
29. Plaintiff does not contend that any of the witnesses called by Plaintiff were involved in or otherwise responsible for the death of Avery Bancroft. This stipulation does not bar Defense from arguing that one or more witnesses called by Plaintiff were involved in or otherwise responsible for the death of Avery Bancroft. 30. Defense does not contend that any of the witnesses called by Defense were involved in or otherwise responsible for the death of Avery Bancroft. This stipulation does not bar Plaintiff from arguing that one or more witnesses called by Defense were involved in or otherwise responsible for the death of Avery Bancroft. 31. Both parties agree that no employee of the Mid-Riverina Express—including but not limited to Farnsworth, Fritsch, Mothersbaugh, Zhang, and Strathmore—was involved in or otherwise responsible for the death of Avery Bancroft.