United States v. Malacara-Aguilar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Memorandum Opinion and Order granting in part the defendants’ motion to depose unavailable witnesses
• “Negligent misrepresentation must also meet the particularity 9 standards of 9(b).” (citing Sweeney v. Darricarrere, No. 2:09-cv-00266 JWS., 2009 WL 10 2132696, at n.109 (D. Ariz. July 14, 2009))
• \A witness who resides abroad and outside the reach of a court's subpoena power is not automatically 'unavailable' without a further showing that he or she will not testify in court.\
• \A witness who resides abroad and outside the reach of a court's subpoena power is not automatically 'unavailable' without a further showing that he or she will not testify in court.\
• “[F]oreign depositions are suspect and, consequently, not favored, due, in significant part, to the fact that the witness is not subject to the imposition of sanctions of perjury or contempt for testifying falsely or evasively.” (Internal quotation marks and citations omitted.)
• “[F]oreign depositions are suspect and, consequently, not favored, due, in significant part, to the fact that the witness is not subject to the imposition of sanctions of perjury or contempt for testifying falsely or evasively.” (Internal quotation marks and citations omitted.)

Source: CourtListener parenthetical corpus (CC0).