2012-01-10 Ex.

A to Subpoena to SJPD

1/24/12 12:34 AM

EXHIBIT A DEFINITIONS The terms and and or shall be construed conjunctively or disjunctively as necessary to make the discovery request inclusive rather than exclusive. The terms any and each shall be construed to include and encompass all. The term communication means every manner or method of disclosure or transfer or exchange of information, whether orally or by document, and whether face to face, by telephone, mail, electronic mail, personal delivery, facsimile, or otherwise. The term Defendant means Ofcer Miguel Flores (#3881), the named defendant in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.), and any person acting directly or indirectly by, through, under or on behalf of Ofcer Miguel Flores. The terms document or documents are used in the broadest possible sense and include, without limitation, all originals, copies, drafts, and recordings of any written, typewritten, printed, graphic, electronic, digital or otherwise recorded matter, including forms of information translatable or convertible into a reasonably usable form. Document or documents include, without limitation, the following items: electronic mail (e-mails); slides and/or presentations; spreadsheets; documents; agreements; communications, including intracompany communications; electronic mail; correspondence; letters; memoranda; records; books; summaries or handwritten notes or other records of personal conversations or interviews; diaries; laboratory notebooks; appointment books; grant or project proposals; forecasts; statistical statements; any and all forms of data; meeting abstracts; slides; graphs; charts; diagrams; maps; blueprints; tables; indices; pictures; audio or visual recordings; tapes; magnetic discs; printed cards; programming instructions; assembly diagrams; schematic diagrams; manuals; lms; assay results and reports; charges; accounts; invoices; analytical records; reports, records or summaries of meetings or conferences; reports, records or summaries of meetings or conferences with consultants; reports, records or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts; stenographic, handwritten or any other notes; projectable images, including transparent overheads or slides; any other document or writing or form of information convertible into a document, including information contained within or accessible by a computer or computer accessory and the underlying documents supporting computer entries. The term including means including but not limited to. The term Plaintiff means James Alan Bush, the named plaintiff in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.). The terms relating to and related to mean concerning, comprising, referring to, describing, discussing, evidencing, or constituting, directly or indirectly. The word the shall not be construed as limiting the scope of any request. Use of the singular is also to be taken to include the plural, and vice versa. INSTRUCTIONS You are to produce all requested documents in your possession, custody, or control. If you contend that you are not required to produce certain documents called for by

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2012-01-10 Ex. A to Subpoena to SJPD

1/24/12 12:34 AM

these Requests on the grounds of a privilege or protection that you are not prepared to waive, identify each such document and provide the following information: the date and type of the document, the author(s) and all recipients; the privilege or protection that you claim permits you to withhold the document; the title and subject matter of the document; any additional facts on which you base your claim of privilege or protection; and the identity of the current custodian of the original document. Documents shall be produced in their original le folders, or in lieu thereof, any writing on the le folder from which each document is taken shall be copied and appended to such document and the person for whom or department, division or ofce for which the document or the le folder is maintained shall be identied. Documents should be produced in their complete and unaltered form. Attachments to documents should not be removed. The documents should not be cut-up, pasted over, redacted or altered in any way for any reason, including alleged nonrelevance. If emails are produced that had attachments, the attachments shall be attached when produced. Documents in electronic form shall be produced in that form. In the event that any document called for by these requests has been destroyed or discarded, that document is to be identied by stating: the type of the document, the author(s) and all recipients; the documents date, subject matter, number of pages, and attachments or appendices; the date of destruction or discard, manner of destruction or discard, and reason for destruction or discard; the persons who were authorized to carry out such destruction or discard; the persons who have knowledge of the content, origins, distribution and destruction of the document; and whether any copies of the document exist and, if so, the name of the custodian of each copy. DOCUMENTS AND THINGS SUBPOENAED All intake and booking records relating to Plaintiff. All reports, including supplemental reports, concerning or relating to Plaintiff, including all police reports and incident reports. All photographs of Plaintiff taken on or after December 15, 2008. All documents containing or relating to interviews of plaintiff, including but not limited to transcripts and/or recordings of a December 15, 2008 Interview of Plaintiff by San Jose Fire Investigator Gall (#014F), and a December 15, 2008 Interview of Plaintiff by Defendant. All communications relating to the December 15, 2008 arrest of Plaintiff, including but not

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2012-01-10 Ex. A to Subpoena to SJPD

1/24/12 12:34 AM

limited to communications to or from Defendant, communications to or from Ofcer Payne (#2951), communications to or from Ofcer Natividad (#3877), communications to or from Sergeant Conrad (#2037), communications sent over the San Jose Police Department radio frequencies, and the December 15, 2008 report of a disturbance at 1211 E. Santa Clara Street that was made at approximately 1614 hours and was responded to by Ofcers Drago (#3889) and Perez (#3920). All documents relating to the use of force by police ofcers, including but not limited to training guides and manuals. All documents relating to the policies of the San Jose Police Department between January 1, 2006 and present day. All documents created, used, or referenced during the training of San Jose Police Ofcers, including but not limited to training manuals and guides. All documents created, used, or referenced during the training of Defendant, including but not limited to training manuals and guides. All documents relating to or describing the TASER (Serial # X00-202318, Model # X26) used by Defendant against Plaintiff on December 15, 2008, including but not limited to operation manuals and/or guides, and training manuals and/or guides. All documents relating to or describing TASERs that San Jose Police Ofcers carry, including but not limited to operation manuals and/or guides, training manuals and/or guides, and documents used or referenced during TASER-related training courses. All documents relating to or describing Defendants performance of his duties as a San Jose Police Ofcer between January 1, 2007 and present day, including but not limited to Defendants personnel le, le card, and performance evaluations. All documents relating to disciplinary actions or investigations relating to Defendant, including but not limited to documents from the Internal Affairs Division, Civil Service Commission, or any internal trial boards. All documents relating to allegations of misconduct or administrative violations committed by Defendant while in performance of his duties as a San Jose Police Ofcer. All documents relating to and/or describing the use of force by Defendant, including but not limited to documents created by supervisory/command staff. All reports relating to Defendants use of a TASER during the arrest of Plaintiff on December 15, 2008, including but not limited to copies of the (1) Crime Report (Form 200-2), (2) Supplementary Crime Report (Form 200-3a), (3) Force Response Report (Form FRS-001), and (4) Force Response Report Form Supplemental (Form FRS-001a). The TASER probes that Defendant red at Plaintiff on December 15, 2008.

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2012-01-10 Ex. A to Subpoena to SJPD

1/24/12 12:34 AM

All records of arrests by Defendant involving charges of assault and battery on a police ofcer and/or resisting arrest that were created between January 1, 2007 and present day.

Page 4 of 4

2012-01-10 Ex. A to Subpoena to Sheriff's Department

1/24/12 12:36 AM

EXHIBIT A DEFINITIONS The terms and and or shall be construed conjunctively or disjunctively as necessary to make the discovery request inclusive rather than exclusive. The terms any and each shall be construed to include and encompass all. The term communication means every manner or method of disclosure or transfer or exchange of information, whether orally or by document, and whether face to face, by telephone, mail, electronic mail, personal delivery, facsimile, or otherwise. The term Defendant means Ofcer Miguel Flores (#3881), the named defendant in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.), and any person acting directly or indirectly by, through, under or on behalf of Ofcer Miguel Flores. The terms document or documents are used in the broadest possible sense and include, without limitation, all originals, copies, drafts, and recordings of any written, typewritten, printed, graphic, electronic, digital or otherwise recorded matter, including forms of information translatable or convertible into a reasonably usable form. Document or documents include, without limitation, the following items: electronic mail (e-mails); slides and/or presentations; spreadsheets; documents; agreements; communications, including intracompany communications; electronic mail; correspondence; letters; memoranda; records; books; summaries or handwritten notes or other records of personal conversations or interviews; diaries; laboratory notebooks; appointment books; grant or project proposals; forecasts; statistical statements; any and all forms of data; meeting abstracts; slides; graphs; charts; diagrams; maps; blueprints; tables; indices; pictures; audio or visual recordings; tapes; magnetic discs; printed cards; programming instructions; assembly diagrams; schematic diagrams; manuals; lms; assay results and reports; charges; accounts; invoices; analytical records; reports, records or summaries of meetings or conferences; reports, records or summaries of meetings or conferences with consultants; reports, records or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts; stenographic, handwritten or any other notes; projectable images, including transparent overheads or slides; any other document or writing or form of information convertible into a document, including information contained within or accessible by a computer or computer accessory and the underlying documents supporting computer entries. The term including means including but not limited to. The term Plaintiff means James Alan Bush, the named plaintiff in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.). The terms relating to and related to mean concerning, comprising, referring to, describing, discussing, evidencing, or constituting, directly or indirectly. The word the shall not be construed as limiting the scope of any request. Use of the singular is also to be taken to include the plural, and vice versa. INSTRUCTIONS You are to produce all requested documents in your possession, custody, or control. If you contend that you are not required to produce certain documents called for by

Page 1 of 3

2012-01-10 Ex. A to Subpoena to Sheriff's Department

1/24/12 12:36 AM

these Requests on the grounds of a privilege or protection that you are not prepared to waive, identify each such document and provide the following information: the date and type of the document, the author(s) and all recipients; the privilege or protection that you claim permits you to withhold the document; the title and subject matter of the document; any additional facts on which you base your claim of privilege or protection; and the identity of the current custodian of the original document. Documents shall be produced in their original le folders, or in lieu thereof, any writing on the le folder from which each document is taken shall be copied and appended to such document and the person for whom or department, division or ofce for which the document or the le folder is maintained shall be identied. Documents should be produced in their complete and unaltered form. Attachments to documents should not be removed. The documents should not be cut-up, pasted over, redacted or altered in any way for any reason, including alleged nonrelevance. If emails are produced that had attachments, the attachments shall be attached when produced. Documents in electronic form shall be produced in that form. In the event that any document called for by these requests has been destroyed or discarded, that document is to be identied by stating: the type of the document, the author(s) and all recipients; the documents date, subject matter, number of pages, and attachments or appendices; the date of destruction or discard, manner of destruction or discard, and reason for destruction or discard; the persons who were authorized to carry out such destruction or discard; the persons who have knowledge of the content, origins, distribution and destruction of the document; and whether any copies of the document exist and, if so, the name of the custodian of each copy. DOCUMENTS AND THINGS SUBPOENAED All medical records relating to Plaintiff, including without limitation X-Rays (or Radiographs), Ultrasound images (e.g., sonographs), notes and/or diagnoses, including notes and/or diagnoses written or recorded by Dr. Cazmo J. Lukrich and/or any other medical or paramedical personnel, and all other documents referring or relating to Plaintiffs medical condition or health. All documents relating to tests performed on blood samples taken from Plaintiff, including but not limited to tests on a blood sample taken from Plaintiff on December 15, 2008. All intake and booking records relating to Plaintiff. All reports, including supplemental reports, concerning or relating to Plaintiff, including all police reports and incident reports.

Page 2 of 3

2012-01-10 Ex. A to Subpoena to Sheriff's Department

1/24/12 12:36 AM

All photographs of Plaintiff taken on or after December 15, 2008.

Page 3 of 3

Ex A to Subpoena to SCVMC (60556823)

1/24/12 12:12 AM

EXHIBIT A DEFINITIONS The terms and and or shall be construed conjunctively or disjunctively as necessary to make the discovery request inclusive rather than exclusive. The terms any and each shall be construed to include and encompass all. The terms document or documents are used in the broadest possible sense and include, without limitation, all originals, copies, drafts, and recordings of any written, typewritten, printed, graphic, electronic, digital or otherwise recorded matter, including forms of information translatable or convertible into a reasonably usable form. Document or documents include, without limitation, the following items: electronic mail (e-mails); slides and/or presentations; spreadsheets; documents; agreements; communications, including intracompany communications; electronic mail; correspondence; letters; memoranda; records; books; summaries or handwritten notes or other records of personal conversations or interviews; diaries; laboratory notebooks; appointment books; grant or project proposals; forecasts; statistical statements; any and all forms of data; meeting abstracts; slides; graphs; charts; diagrams; maps; blueprints; tables; indices; pictures; audio or visual recordings; tapes; magnetic discs; printed cards; programming instructions; assembly diagrams; schematic diagrams; manuals; lms; assay results and reports; charges; accounts; invoices; analytical records; reports, records or summaries of meetings or conferences; reports, records or summaries of meetings or conferences with consultants; reports, records or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts; stenographic, handwritten or any other notes; projectable images, including transparent overheads or slides; any other document or writing or form of information convertible into a document, including information contained within or accessible by a computer or computer accessory and the underlying documents supporting computer entries. The term including means including but not limited to. The term Plaintiff means James Alan Bush (DOB: 9/26/1972), the named plaintiff in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.). The terms relating to and related to mean concerning, comprising, referring to, describing, discussing, evidencing, or constituting, directly or indirectly. The word the shall not be construed as limiting the scope of any request. Use of the singular is also to be taken to include the plural, and vice versa. INSTRUCTIONS You are to produce all requested documents in your possession, custody, or control. If you contend that you are not required to produce certain documents called for by these Requests on the grounds of a privilege or protection that you are not prepared to waive, identify each such document and provide the following information: the date and type of the document, the author(s) and all recipients; the privilege or protection that you claim permits you to withhold the document; the title and subject matter of the document;

Page 1 of 2

Ex A to Subpoena to SCVMC (60556823)

1/24/12 12:12 AM

any additional facts on which you base your claim of privilege or protection; and the identity of the current custodian of the original document. Documents shall be produced in their original le folders, or in lieu thereof, any writing on the le folder from which each document is taken shall be copied and appended to such document and the person for whom or department, division or ofce for which the document or the le folder is maintained shall be identied. Documents should be produced in their complete and unaltered form. Attachments to documents should not be removed. The documents should not be cut-up, pasted over, redacted or altered in any way for any reason, including alleged nonrelevance. If emails are produced that had attachments, the attachments shall be attached when produced. Documents in electronic form shall be produced in that form. In the event that any document called for by these requests has been destroyed or discarded, that document is to be identied by stating: the type of the document, the author(s) and all recipients; the documents date, subject matter, number of pages, and attachments or appendices; the date of destruction or discard, manner of destruction or discard, and reason for destruction or discard; the persons who were authorized to carry out such destruction or discard; the persons who have knowledge of the content, origins, distribution and destruction of the document; and whether any copies of the document exist and, if so, the name of the custodian of each copy.

DOCUMENTS AND THINGS SUBPOENAED All medical records relating to Plaintiff, including without limitation X-Rays (or Radiographs), Ultrasound images (e.g., sonographs), notes and/or diagnoses, including notes and/or diagnoses written by Dr. Cazmo J. Lukrich and/or any other medical or paramedical personnel, and all other documents referring or relating to Plaintiffs medical condition or health. All documents relating to tests performed on blood samples taken from Plaintiff, including but not limited to tests on a blood sample taken from Plaintiff on December 15, 2008. All documents relating to Plaintiffs visit to the Emergency Department on December 15, 2008, including without limitation notes and/or diagnoses written by any medical or paramedical personnel referring or relating to Plaintiffs medical condition or health. The TASER prongs that were extracted from Plaintiff on December 15, 2008. REQUEST NO. 5: All documents relating to the TASER prongs that were extracted from Plaintiff on December 15, 2008.

Page 2 of 2

Ex A to Subpoena to AMR Ambulance (60557218)

1/24/12 12:15 AM

EXHIBIT A DEFINITIONS The terms and and or shall be construed conjunctively or disjunctively as necessary to make the discovery request inclusive rather than exclusive. The terms any and each shall be construed to include and encompass all. The term communication means every manner or method of disclosure or transfer or exchange of information, whether orally or by document, and whether face to face, by telephone, mail, electronic mail, personal delivery, facsimile, or otherwise. The terms document or documents are used in the broadest possible sense and include, without limitation, all originals, copies, drafts, and recordings of any written, typewritten, printed, graphic, electronic, digital or otherwise recorded matter, including forms of information translatable or convertible into a reasonably usable form. Document or documents include, without limitation, the following items: electronic mail (e-mails); slides and/or presentations; spreadsheets; documents; agreements; communications, including intracompany communications; electronic mail; correspondence; letters; memoranda; records; books; summaries or handwritten notes or other records of personal conversations or interviews; diaries; laboratory notebooks; appointment books; grant or project proposals; forecasts; statistical statements; any and all forms of data; meeting abstracts; slides; graphs; charts; diagrams; maps; blueprints; tables; indices; pictures; audio or visual recordings; tapes; magnetic discs; printed cards; programming instructions; assembly diagrams; schematic diagrams; manuals; lms; assay results and reports; charges; accounts; invoices; analytical records; reports, records or summaries of meetings or conferences; reports, records or summaries of meetings or conferences with consultants; reports, records or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts; stenographic, handwritten or any other notes; projectable images, including transparent overheads or slides; any other document or writing or form of information convertible into a document, including information contained within or accessible by a computer or computer accessory and the underlying documents supporting computer entries. The term including means including but not limited to. The term Plaintiff means James Alan Bush (DOB: 9/26/1972), the named plaintiff in Bush v. Flores, et al., No. 3:09-cv-01024-RS (N.D. Cal.). The terms relating to and related to mean concerning, comprising, referring to, describing, discussing, evidencing, or constituting, directly or indirectly. The word the shall not be construed as limiting the scope of any request. Use of the singular is also to be taken to include the plural, and vice versa. INSTRUCTIONS You are to produce all requested documents in your possession, custody, or control. If you contend that you are not required to produce certain documents called for by these Requests on the grounds of a privilege or protection that you are not prepared to waive, identify each such document and provide the following information: the date and type of the document, the author(s) and all recipients;

Page 1 of 2

Ex A to Subpoena to AMR Ambulance (60557218)

1/24/12 12:15 AM

the privilege or protection that you claim permits you to withhold the document; the title and subject matter of the document; any additional facts on which you base your claim of privilege or protection; and the identity of the current custodian of the original document. Documents shall be produced in their original le folders, or in lieu thereof, any writing on the le folder from which each document is taken shall be copied and appended to such document and the person for whom or department, division or ofce for which the document or the le folder is maintained shall be identied. Documents should be produced in their complete and unaltered form. Attachments to documents should not be removed. The documents should not be cut-up, pasted over, redacted or altered in any way for any reason, including alleged nonrelevance. If emails are produced that had attachments, the attachments shall be attached when produced. Documents in electronic form shall be produced in that form. In the event that any document called for by these requests has been destroyed or discarded, that document is to be identied by stating: the type of the document, the author(s) and all recipients; the documents date, subject matter, number of pages, and attachments or appendices; the date of destruction or discard, manner of destruction or discard, and reason for destruction or discard; the persons who were authorized to carry out such destruction or discard; the persons who have knowledge of the content, origins, distribution and destruction of the document; and whether any copies of the document exist and, if so, the name of the custodian of each copy. DOCUMENTS AND THINGS SUBPOENAED All documents relating to Plaintiffs emergency care on December 15, 2008, including without limitation recordings, notes and/or diagnoses, and all other documents referring or relating to Plaintiffs medical condition or health. All communications relating to Plaintiffs emergency care on December 15, 2008, including any dispatch and/or crew communications over telephone or radio referring or relating to Plaintiff.

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