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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

THE UNITED STATES OF AMERICA, ) 

 ) No. CR 06-157 MJP 

 Plaintiff, ) 

 ) 

 vs. ) 

 ) 

HENRY C. ROSENAU, ) 

 ) 

 Defendant. ) 

______________________________) 

VERBATIM TRANSCRIPT OF PROCEEDINGS 

OF 

A DETENTION HEARING 

BEFORE THE HONORABLE BRIAN A. TSUCHIDA, MAGISTRATE JUDGE 

5/4/2011 

APPEARANCES 

For Plaintiff: Ye-Ting Woo 

For Defendant: Craig Platt 

Transcribed from electronic sound recording 

Transcript produced by transcription service 

Transcribed by Brian Killgore 

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USA v. Henry C. Rosenau - CR 06-157 MJP - (5/4/2011)- P. 2

 

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 (Proceedings of 5/4/2011) 

 THE CLERK: Your Honor, we are back on the record.

The next matter is scheduled as a detention hearing in the 

United States of America v. Henry Rosenau. The cause number 

is CR 6-157, a matter assigned to Judge Pechman. 

 Will counsel please make their appearance for the 

record?

 MS. WOO: Good afternoon, Your Honor, Ye-Ting Woo. 

I am standing in for Susan Roe with the United States 

Attorney's Office.

 THE COURT: And Ms. Woo, good afternoon. 

 MR. PLATT: Good afternoon, Your Honor, Craig 

Platt for Mr. Rosenau who is seated to my left. He 

 THE COURT: And Mr. Platt, good afternoon, and Mr. 

Rosenau, good afternoon. 

 We are here for your detention hearing, and I did 

receive an updated US Pretrial Services report, and Ms. Woo, 

is the government still seeking detention in this case? 

 MS. WOO: Yes, we are, Your Honor. Would you like 

me to approach? 

 THE COURT: Sure. 

 And one of the things I am very curious about is this 

case, I think in a week or so, will literally be five years 

old? And -- 

 MS. WOO: Yes, approximately. It was -- the 

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original indictment was returned in May of 2006. The arrest 

by the defendant occurred on September 21, 2005. This was 

the arrest by Canadian authorities back in September 2005. 

 Because I am not the attorney of record on the case, it 

is my understanding that the extradition has been pending 

for several years -- because of the fact that the defendant 

having contesting extradition, and it wasn't until recently 

when the British Columbia courts, Canada courts issued an 

order of surrender that he was then escorted by Canadian law 

enforcement to the border this morning and transferred over 

to the marshals' custody for transportation to court -- 

well, not this morning, I'm sorry, on the day of his initial 

appearance.

 So we are seeking that the defendant be detained 

pending trial. There are a number of reasons that are 

related to the facts in the case, as well as due to the 

efforts to extradite him, the many years it has taken for 

the government to seek his appearance in court in the United 

States. That has been pending for several years. 

 I understand that Pretrial Services is recommending 

release. The one distinction that I would point out to the 

Court is that this is a rebuttable presumption case. The 

defendant is seeking a 10 year mandatory minimum on at least 

count 2 in the indictment; the fact that it is a rebuttable 

presumption case is not considered by Pretrial Services. It 

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is part of their policy not to take that into consideration, 

so that is one distinction I would point out to the Court. 

 In this situation, the defendant is a Canadian citizen. 

The allegations here are -- that come from the underlying 

extradition record that was discussed before the Court in 

Canada indicates that during the years 2004 and 2005, that 

this defendant was involved in flying 29 loads of marijuana 

from Canada to the United States, totaling between 11,000 

and 13,000 pounds of marijuana. 

 He was the pilot for a helicopter, and he was 

responsible for those loads, working with co-conspirators 

whose cases, as I understand it, have now been resolved. 

 On September 21, 2005, he was arrested by Canadian 

authorities after he had dropped off a load of 1128 pounds 

of marijuana, which had been seized on the US side, along 

with his codefendants were arrested at that time. 

 When he was arrested by Canadian authorities on 

September 21, 2005, he had a loaded gun underneath the 

pilot's seat of his helicopter. He had night vision 

goggles, satellite phones. He had also taped over one of 

the letters that are on the helicopter in order to change 

the letter from an F to a B, as I understand it, in order to 

prevent identification of that helicopter. 

 A couple of years ago, as well, he had been interviewed 

by the previous primary ICE agent in this case, Jesse 

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Miller, and he had made a statement to Mr. Miller that he 

would not make himself available to face charges in the 

United States, and of course that was I think at the 

beginning of the extradition proceedings. 

 He does -- is working, but I also would note that he 

has access to funds and to assets that if he were to flee or 

to make himself unavailable in the United States, he has the 

ability to do that. 

 He had recent -- well, I suppose it is not recent, but 

he has had international travel since this case was filed.

I believe he indicated that he went to Costa Rica in 2006 or 

2007.

 It is interesting to note that his -- I believe it is 

his girlfriend Veronica Schwartz, had stated that the 

defendant does not travel internationally, but as this court 

is aware, this case does involve the defendant traveling 

internationally on a regular basis, using a helicopter in 

which he was able to avoid, on a number of instances, any 

detection by border patrol authorities or transportation 

authorities.

 So for all of those reasons, we would ask the Court to 

find that there are no factors or combination of factors 

that would assure his appearance in the United States to 

face these charges if he were allowed to be released on bond 

and to return to Canada. 

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 The other risk that we face, of course, is that if the 

defendant chooses not to return to the United States for any 

of the future court appearances, we then have to initiate 

yet another extradition proceeding, which would likely take 

a lengthy period of time so that the defendant may assert 

whatever rights he is afforded to in Canada to oppose any 

warrant that is issued by this court for his arrest for 

failure to appear on that bond. 

 So for those reasons, we would ask the Court to 

permanently detain the defendant pending trial. 

 THE COURT: Just one point of clarification. 

 MS. WOO: Yes? 

 THE COURT: You had indicated there had been prior 

law enforcement contact, US law enforcement contact with Mr. 

Rosenau, and there was some kind of conversation about, "I 

am not going to make myself available." Is this some kind 

of discussion about him coming back? 

 MS. WOO: It was -- my understanding is that it 

was a discussion about him essentially self surrendering -- 

submitting on the extradition and to come to the United 

States to face the charges, and that this conversation 

occurred a couple of years ago, and the defendant indicated 

to the agent at that time that he did not believe the US had 

the ability to extradite him, and that he would not 

voluntarily face the charges in the United States. Thank 

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you.

 THE COURT: And Mr. Platt, go ahead, please. 

 MR. PLATT: Thank you, Your Honor. 

 Your Honor, before I begin, I would like to address a 

few facts here, and I still don't have discovery, so to 

begin with, I would orally renew our request for discovery 

in this matter. However, I have been in touch with some of 

the attorneys up in Canada, and with respect to the timeline 

here, it is my understanding that there was initial contact 

around the time of the events alleged in 2005. 

 It is unclear whether or not that was actually a formal 

arrest or merely an interrogation at that time. What is 

clear is that there was a superseding indictment issued in 

2008 on 9/17. 

 I have talked to his attorney up there, Gary Botting, 

who informs me that they were not notified of the charges 

here, and that actually he was simply arrested without any 

notice at that time, and that relates to the supervision 

that has already occurred on this matter as part of the 

extradition, which I would like to address. 

 He is maintaining his innocence as far as the 

allegations made by the government in this case, and we 

think that is very important here, because the government is 

saying that under 3142, there is this rebuttable 

presumption. We feel that we can rebut that presumption 

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with the information that is contained in the Pretrial 

Services report, the information I have for the Court now. 

 Our request is for personal recognizance under 

3142(a)(1), and our position is that this is sufficient for 

the reasons that we will indicate, and that it is not 

necessary to have additional conditions, although we have 

reviewed the conditions proposed by Pretrial Services; they 

do seem appropriate: Employment, travel restrictions, no 

contact with witnesses.

 Supervision by Pretrial Services is available, which I 

have confirmed with their office. There is this special 

program where they can supervise individuals who are 

residing in Canada, and they have confirmed that they are 

willing and able to do that. 

 There is no problem with weapons. He has no weapons at 

this time. There is no issue whatsoever with drugs or 

alcohol, all of which is contained in the report, and we 

would not oppose any other conditions the Court may feel are 

appropriate.

 There are a lot of factors that point to the fact that 

Mr. Rosenau is not a flight risk, and that he will appear 

and that these conditions will be sufficient to assure his 

appearance. 

 There is no showing that he has ever obstructed 

justice, that he has ever been violent, that he has 

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interfered with witnesses. There is no showing of 

dangerousness, and there is no showing of failure to comply. 

 About the only real support for the government's 

position here is that Mr. Rosenau elected to contest the 

extradition. That is his legal right to do and that in and 

of itself is not sufficient as a ground to hold him. 

 Now Mr. Rosenau has no criminal history whatsoever. He 

is 60 years old, and he has absolutely nothing in his record 

to indicate that he would be a flight risk. In fact he is 

in the unusual position as someone with no prior criminal 

history -- of having a track record of supervision because 

of the extradition proceedings, and that track record is 

100% positive. 

 He has lived in -- and I will get back to that at the 

end here, but he has lived in British Columbia for his 

entire life, except for one year in Alberta. He attended 

high school in a town with the name 100 Mile House, where he 

married his childhood sweetheart at the age of 18. They 

were married for a lengthy period of time and have separated 

since, but they remain on good terms, which again speaks to 

his character. 

 He has a significant other at this time of almost 10 

years, Ms. Veronica Schwartz, referred to by the government 

as his girlfriend. She is 60 years old and another 

compelling reason for him not to take off here is that she 

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has stage III cervical cancer, and he is assisting with her 

care.

 With respect to employment, he has two different jobs. 

He works in heavy equipment, which he has done since he was 

a young man. He is a commercial truck driver. He works for 

Lomack in the mining business, driving these large trucks up 

in the outback of British Columbia. 

 He also works for Mac Track Roadbuilding. His 

supervisor there, Don McDonald, is actually going to provide 

a letter of recommendation for him, and he has that job 

waiting, if he is released. 

 He has no history whatsoever of involvement with drugs. 

He is tested by his employer, and so there is verification 

of that. He has not had any alcohol for nine years. He had 

quit drinking, not because he had a problem, but as part of 

an agreement with his significant other so that she would 

quit smoking and he said he would stop drinking -- but he 

has no history of alcoholism, no history of counseling, no 

history of mental health issues. 

 He has no weapons in his possession, no history of 

gambling, no domestic violence. 

 With respect to residence, he would reside at 4605 

Highway 97 South -- that is in Quesnel, Q-U-E-S-N-E-L, 

British Columbia. He has strong family ties in British 

Columbia. He has a daughter 29 years old, Jacqueline 

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Gagnon. I have been in touch with Jacqueline and she does 

verify that she will support her father if he is released.

 He also has a 94-year-old mother, Bessie Higgins, and 

her husband, John Higgins, who is also basically dying of 

cancer. He is 84 years old, I think. 

 As far as financial resources, they are somewhat 

limited, but our position is that that makes him even less 

of a flight risk. He doesn't have the means to be able to 

leave what he has. He does have a residence there that he 

owns and is in a positive state with the mortgage. 

 He does have some tools and old vehicles, which again 

would indicate that he would want to stay there because that 

is part of his livelihood. 

 Now back to the supervision. As I said before, this 

event occurred in 2005. He was arrested on a warrant in 

2008. He did have representation recently by Gary Botting, 

who is an extradition attorney in Canada I have talked with 

quite a bit. 

 Mr. Botting confirmed that there was no prior notice of 

the charges -- and he first found out when he was arrested; 

however, when he was arrested he obtained counsel and he was 

advised to contest the extradition, although he was told 

that there would probably be a minimal chance that he would 

prevail on that. 

 He did pursue his remedies, and although he was told 

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that he had no real chance, it is not necessarily a flight 

risk if you avail yourself of legal process. And that is 

the whole point; he didn't take off. He has had three years 

to take off and he didn't do it. He stayed around and he 

availed himself of appropriate legal process with 

representation.

 THE COURT: So just to make clear in my mind, you 

are saying that in Canada, although there was this arrest 

warrant and extradition process, that he was actually in the 

community?

 MR. PLATT: That is correct. He was released 

shortly after the arrest in, I believe, mid-2008, and he was 

supervised through the RCMP in the Quesnel office. I have 

contacted them personally; Pretrial Services has also been 

in contact with them. 

 I was able to get confirmation of the supervision, 

although we couldn't get all of the specifics because the 

person, the staff sergeant responsible is off this week.

However, it is clear that he did not take off; that he had 

to report twice a week for the first year-and-a-half 

following that arrest; that he had no violations of pretrial 

or pre-extradition supervision. He also had a curfew from 

11:00 until 7:00 in the morning, and was not allowed to stay 

over anywhere other than his residence unless he gave two 

days' notice, and that only could be if it was in 

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conjunction with his work duties. 

 So he had a perfect track record of supervision, which 

is highly unusual for someone with no criminal history, but 

he has had three years to prove himself. 

 Eventually, these conditions were reduced, because he 

was doing so well. His adjustment was excellent. 

 So again, even when the conditions were reduced, he 

didn't take off. He stuck around, availed himself of legal 

process.

 As the extradition progressed, however, it was pursued 

through the courts in Canada, as is his right, and 

ultimately it became clear that he was probably not going to 

prevail on that. 

 Now at that point he, instead of taking off, or waiting 

to be arrested, he made arrangements through counsel to turn 

himself in to the authorities. I have confirmed that with 

Mr. Botting. 

 In addition, I spoke with an attorney from the Canadian 

Department of Justice, a Mr. Nazub (phonetic), and he was 

responsible for their end of the extradition proceedings.

He personally confirmed to me in a telephone conversation 

that Mr. Rosenau did in fact turn himself in early; that he 

was under an order to turn himself in once the extradition 

remedy was exhausted, and he didn't even wait until the 

final order; he turned himself in the day before, because he 

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didn't want there to be a problem, and Mr. Botting tells me 

that that involved him driving four-and-a-half hours from 

his residence down to Vancouver to turn himself in so that 

he finds himself here today. 

 So there has been no indication whatsoever of a flight 

risk.

 I know the Court knows this, but our position is that 

he is innocent. Section 3142 talks about the presumption of 

innocence. A lot of lawyers are going to say, "If you 

contest extradition, you are not going to be able to get 

released afterwards." Our position is that's not right. 

 The government has indicated it would be difficult, 

from their point of view, if there were a problem, because 

they would have to extradite.

 And at the risk of going a little far afield, I have to 

say, under separation of powers, we have three branches -- I 

have heard commentators talk about three branches being the 

House of Representatives, the Senate and the White House.

That is not the case. 

 It doesn't matter whether the government is concerned 

about having to pursue extradition. What matters is whether 

he is a flight risk. He is not. We ask the Court to 

release him and follow the recommendation of Pretrial 

Services. Thank you. 

 THE COURT: All right, and Ms. Woo, any rebuttal 

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or comments in response? 

 MS. WOO: Your Honor, I would only comment with 

respect to the claim of innocence, of course, the defendant 

is entitled to assert that presumption of innocence. There 

is, at least with respect to the events on September 21, 

2005, there was surveillance of his helicopter arriving in 

the United States, removal and then seizure of the 

marijuana, and then immediately after he arrives back in 

Canada. He is the person who is arrested on that same day 

in the same helicopter with the items that I have already 

mentioned, so at least with respect to that, I think that 

the Court can weigh the evidence in terms of the nature of 

the offense, and certainly the government considers this to 

be a very serious offense, which is why we have a mandatory 

minimum.

 With respect to the extradition proceedings, in 

reviewing the file documents that I have, it appears that 

the government initiated extradition shortly after the 

indictment was returned in May of 2006, so as the Court has 

noted, this has been a matter that has been pending for many 

years, and we are of course not contesting that the 

defendant has a right to assert his -- the legal process up 

in Canada, but we are concerned about the fact that he does 

have the ability, the access and the training to be able to 

keep himself away from the United States, if he chose to.

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And I am not contesting that he was in compliance in Canada; 

what I am concerned about is whether or not he will 

voluntarily make himself available in the United States, and 

that based on all of the factors that we have taken into 

consideration, we are not confident that he will do that in 

the future. 

 THE COURT: All right, anything to add from US 

Pretrial Services? 

 MR. McTIGHE: No, Your Honor. 

 THE COURT: So Mr. Rosenau, difficult case but I 

am going to fashion an appearance bond. I am not going to 

ding you for exercising your right to contest extradition -- 

it is your legal right -- and I do think that to your favor, 

while you were facing the extradition proceeding, and 

knowing that you could be sent back to this country, as your 

lawyer says, knowing that the boom was lowering and 

lowering, you didn't run away. You turned yourself in, and 

here you are before this court. 

 So I will order that you be released on supervision. 

You are working and living in British Columbia; is that 

correct?

 THE DEFENDANT: Yes. 

 THE COURT: So I am going to restrict your travel 

to that province, where you live, and to this federal 

district, here to Seattle, but only for the purpose of 

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court. I mean you shouldn't be coming here for other 

purposes, like a vacation or just for fun. 

 THE DEFENDANT: I understand. 

 THE COURT: You obviously will have court 

appearances to make, and you will have to limit it only to 

that.

 While you are out, you have to maintain good conduct -- 

whether it is Canadian laws or our laws, state, local, 

federal, national laws, you should maintain good conduct. 

 Is there a travel document that was already confiscated 

when he turned himself in? 

 MR. PLATT: No, Your Honor, it is an expired -- 

expired passport, and I think the arrangement with Pretrial 

Services is that will be surrendered if he is released. 

 THE COURT: All right. 

 MR. PLATT: We can make those arrangements. 

 THE COURT: Do you have it already or do you know? 

 MR. PLATT: It would be -- I don't have the 

authority. It would be in his house up in Canada and when I 

talked to Pretrial Services this morning, they indicated 

that it would be acceptable to them if he were directed to 

return that -- or turn that into them. We could help with 

those arrangements. 

 THE COURT: All right. 

 Okay, so and in terms of a surrender date, we should 

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have a date no later than, because I don't want that just to 

be open-ended. 

 There is, of course, one sort of potential glitch in 

that, because you are not a US citizen, we will -- Mr. Platt 

and Ms. Woo, I don't know if you already know the situation, 

will he have to process through immigration before actually 

being released? 

 I know in the past there have been some defendants who 

the Court releases, but it might take five days, it might 

take 10 days, it might take three weeks to actually process 

through ICE before they are actually returned to their home 

country. I don't know if either of you are aware of the 

situation?

 MS. WOO: My understanding is if he has the 

Court's appearance bond -- I don't know what form of ID he 

has; generally, when Canadians report to court, they do 

bring their passport, whether expired or not, so I am 

surprised he didn't have that with him, but for his return 

to Canada, he needs to have a form of identification. If he 

does not have that, then he will need to make arrangements 

to have that before he can get through the border. 

 THE COURT: He probably has his driver's license 

or some kind of local -- 

 MS. WOO: Okay. 

 THE COURT: But I guess my question was in terms 

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of setting a date by which he has to turn in his expired 

passport, is that when I enter an order of release on this 

criminal matter, that will release him on the criminal 

matter. But because he is not a US citizen, I don't even 

know whether -- or whether anyone knows whether there is 

some other kind of immigration hold, because if there is, it 

could delay his return to his own country. 

 MS. WOO: I am not aware of any ICE detainer. 

 THE COURT: Okay, well why don't we do this: I 

will set a date, and how much time would be a reasonable 

timeframe to submit his passport? 

 MR. PLATT: I am trying to recall the dates. 

 (Brief pause in proceedings) 

 THE COURT: All right, so that would be no later 

than May 18. 

 MR. PLATT: I'm sorry, Your Honor, I was 

looking -- 

 THE COURT: Okay, so what we will do is we will 

surrender your expired passport no later than May 18 to the 

US Pretrial Services. If we need to change that date 

because there is some kind of immigration hold up, I am sure 

the parties will let me know and we can make that 

adjustment.

 MR. PLATT: Your Honor, there is one wrinkle here, 

and this was actually raised in the interview with Pretrial 

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Services this morning where I was present. 

 Mr. Rosenau indicated that his passport was expired and 

told Mr. Dotson that. If he had it, it is at his house, but 

he is not totally sure that he still even has it, so that 

does present a little bit of a problem. 

 I would have no fashioning the order that he be ordered 

to turn his passport in if he has one, and notify the 

authorities if he is unable to locate that. It is expired; 

he doesn't travel much. 

 THE COURT: All right, why don't we do it this 

way: If you have a passport, expired or otherwise, you need 

to turn it in. If you don't -- if you can't find it, then 

submit an affidavit to Ms. Busic saying, "I don't have my 

passport; I cannot find it, or it is lost, or is gone." 

 MR. PLATT: I can arrange that through his counsel 

up there. 

 MS. WOO: Your Honor, I do have an additional 

request related to travel, because clearly he -- in our case 

he was traveling to the United States and was not using a 

passport, was avoiding the customs ports of entry, so 

regardless of whether he has a passport or not, he has the 

ability, he had the ability to travel freely 

internationally.

 It is not clear to me if he has a pilot's license. If 

he does, I would ask that he surrender that; that he not be 

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allowed to fly any aircraft, any helicopters, anything like 

that as part of his condition of his bond. 

 THE COURT: All right. 

 MS. WOO: Of his bond condition, as well. 

 THE COURT: Mr. Platt, do you have any objection 

to that, no flying restriction? 

 MR. PLATT: Your Honor, Mr. Rosenau has explained 

to me that he does not have a pilot's license at this time, 

and our position is simply ordering him not to leave -- 

 THE COURT: Well, if you don't have a license, 

there is none to surrender, but I will include that as a 

condition: No operation of aircraft of any kind. 

 MR. PLATT: No objection. 

 MS. WOO: Thank you. 

 THE COURT: Mr. Rosenau, you also will have to 

maintain your residence; not change without preapproval of 

your supervising officer. And you also shall not possess 

any dangerous weapons, you know, firearms, explosives, 

bullets, anything like that. Maintain your employment. And 

if you become unemployed, you know, actively look for 

employment.

 If you are financially able to contribute to the costs 

of your supervision, you will be asked to do so, and 

obviously if you don't, you won't have to. 

 Within 24 hours of your release, you need to contact 

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the pretrial office and you will get information today as to 

how to do that, and if you don't, that will be a violation.

Do you understand that? 

 And as I understand it, the pretrial office has an 

office up at the border, and from time to time, at the 

direction of your officer, you will be meeting at the border 

with your US pretrial officer. 

 Do you understand that? 

 THE DEFENDANT: Yes. 

 THE COURT: You shall not have any contact with 

people connected to your case, involved in your case -- even 

if their case is over and if they have pled guilty or been 

convicted, you're not going to be able to call them up and 

say, "Gee, what happened in your case?" All right? 

 You have a good lawyer. You let your lawyer do his 

job, do all the work, do all the investigation, but you need 

to stay clear. No direct or indirect contact. Do you 

understand that? 

 THE DEFENDANT: Yes. 

 THE COURT: And also any witnesses. All right? 

If there are any witnesses involved, you are to have no 

contact whatsoever with them. 

 All right. And Mr. McTighe, did I miss any of the 

recommended conditions? 

 MR. McTIGHE: I don't believe so, Your Honor. 

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 (Brief pause in proceedings) 

 MR. PLATT: Thank you, Your Honor. 

 THE COURT: So Mr. Rosenau, did you have enough 

time to go over your appearance bond with your lawyer? 

 THE DEFENDANT: Well everything that is written 

here, I am going to comply with. 

 THE COURT: All right. And you can see the very 

first condition is you must make all of your court 

appearances, and your bond says that there is a hearing on 

June 27 at nine o'clock in courtroom 12B, and it is 

important because if you willfully fail to make your court 

appearances, the government has the power not only to say, 

"Gee, you should be arrested immediately," but the 

government could add additional charges for willfully 

failing to make your court appearances you could face 

additional imprisonment, 10 more years on top of whatever 

you already face. It is a very serious thing. 

 Do you understand that? 

 THE DEFENDANT: Yes. 

 THE COURT: Do you have any questions about any of 

these conditions? 

 THE DEFENDANT: No, Your Honor. 

 THE COURT: And you promise you will follow these 

conditions?

 THE DEFENDANT: Yes, Your Honor. 

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 THE COURT: It seems you have good legal counsel, 

both in this country and in Canada. You know that if there 

is a question, you call your lawyers immediately. You need 

to look before you leap. If you have a question about 

supervision, you will have a good supervising officer. Just 

call them up. Just clear things up rather than getting into 

trouble, all right? 

 THE DEFENDANT: Yes. 

 THE COURT: All right. 

 So Mr. Rosenau, I will sign the order of release and 

this should hopefully get you on your way back home. 

 You know that -- you have gone through the extradition; 

that is done, and when you have court, you are going to need 

to show up. 

 THE DEFENDANT: Don't worry. 

 THE COURT: All right. 

 Anything further, Ms. Woo? 

 MS. WOO: No, Your Honor. 

 MR. PLATT: No, Your Honor. 

 THE COURT: And Mr. Platt? All right. Mr. 

Rosenau, good luck. 

 THE CLERK: Your Honor, we are off record. 

 (End of proceedings for 5/4/2011)

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CERTIFICATE 

 I certify that the foregoing is a correct transcript from the 

electronic sound recording of the proceedings in the aboveentitled matter. 

 /Brian J. Killgore/ November 9, 2011 

 AAERT Certified Electronic Court Reporter & Transcriber 

License CERT*D-498 

ACE Reporting Services, Inc. 

 720 Queen Anne Ave. N. #311 

 Seattle, WA 98109 

 (206) 467-6188 

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