EXHIBIT C 
AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action

United States DistrictCourt

for the

Northern District ofCalifornia

Mitchell Ow and Margaret Bedima-Ow )

Plaintiff )

v. ) Civil Action No. 3:17-cv-733-SK

United States of American )

)

Defendant )

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

To:

Port of Oakland, 530 Water Street. Oakland. CA 94607

(Name ofpersontowhom thissubpoena is directed)

tfTestimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a

deposition to betaken inthis civil action. If you are an organization, you must designate one ormore officers, directors,

ormanaging agents, ordesignate other persons who consent totestify onyour behalfabout the following matters, or

those set forth in an attachment: . , ^ See attached Notice of Deposition

Place: Jones Clifford, LLP, 1390 Market Street, Suite 1200

San Francisco, CA 94102

Date and Time:

04/10/2018 9:00 am

The deposition will be recorded by this method: stenographically, instant video display, and video recording

tfProduction: You, or your representatives, must also bring with you to the deposition the following documents,

electronically stored information, orobjects, and must permit inspection, copying, testing, orsampling ofthe

material:

See attached Notice of Deposition

The following provisions ofFed. R. Civ. P. 45 are attached - Rule 45(c), relating tothe place ofcompliance;

Rule 45(d), relating to your protection asa person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond tothis subpoena and the potential consequences ofnot doing so.

Date: 03/08/2018

CLERK OF COURT

OR

Signature ofClerk orDeputy Clerk Attorney's signature

The name, address, e-mail address, and telephone number ofthe attorney representing (name ofparty) Plaintiff Mitchell Ow

, who issues or requests this subpoena, are:

Ross J. Psyhogios, JonesClifford, LLP, 1390 Market Street, Suite 1200, San Francisco, CA 94102,

rpgyhnrjina@jr.npgHrffnrri cnm (41 fi) 431-S31fl

Notice to the person who issues or requests this subpoena

Ifthis subpoena commands the production ofdocuments, electronically stored information, ortangible things before

trial, a notice and a copy ofthe subpoena must be served on each party inthis case before it is served on the person to

whom it is directed. Fed. R. Civ. P. 45(a)(4).
A0 88A (Rev. 02/14) Subpoena toTestify ata Deposition inaCivil Action (Page 2)

Civil ActionNo. 3:17-cv-733-SK

PROOF OF SERVICE

(Thissection should not befded with the court unless required by Fed R. Civ. P. 45.)

I received this subpoena for (name ofindividual and title, ifany)

On (date) .

O Iserved the subpoena bydelivering a copy tothe named individual asfollows:

on (date) ; or

• I returned the subpoenaunexecuted because:

Unless the subpoena was issued on behalfofthe United States, or one ofits officers or agents, I have also

tendered tothe witness the fees for one day's attendance, and the mileage allowed by law, inthe amount of

$ 53.08

My fees are $ for travel and $ for services, for atotal of$ 0-00

I declare under penalty of perjury thatthis information istrue.

Date:

Server's signature

Printedname andtitle

Server's address

Additional information regarding attempted service, etc.:
AO88A (Rev. 02/14) Subpoena toTestify ataDeposition inaCivil Action (Page 3)

Federal Rule ofCivil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place ofCompliance.

(1) For a Trial, Hearing, orDeposition. A subpoena may command a person toattend atrial, hearing, ordeposition only asfollows:

(A)within 100 miles ofwhere theperson resides, is employed, or regularly transacts businessin person; or (B)within thestate where the person resides, isemployed, orregularly

transacts business in person,ifthe person

(i) is a partyor a party'sofficer, or

(ii) iscommanded toattend atrial and would not incur substantial expense.

(2)ForOtherDiscovery. A subpoena maycommand:

(A)production of documents, electronically stored information, or tangible things ataplace within 100 miles ofwhere theperson resides, is

employed, orregularly transacts business inperson; and

(B) inspection of premises atthe premises to beinspected.

(d)Protecting n Person Subjectto a Subpoena; Enforcement.

(1)Avoiding Undue Burden orExpense; Sanctions. A party orattorney

responsible for issuing and serving asubpoena must take reasonable steps

toavoid imposing undue burden orexpense onaperson subject tothe

subpoena. The court for the district where compliance isrequired must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney's fees—on aparty orattorney who

fails to comply.

(2)Command to Produce Materials orPermitInspection.

(A)Appearance Not Required A person commanded toproduce

documents, electronically stored information, ortangible things, orto

permit the inspection ofpremises, need not appear in person at the place of production orinspection unless also commanded toappear for adeposition,

hearing,or trial. (B) Objections. A person commanded toproduce documents ortangible things ortopermit inspection may serve onthe party orattorney designated

inthe subpoena awritten objection toinspecting, copying, testing, or sampling any orall ofthematerials ortoinspecting thepremises—orto

producing electronically stored information in the form or forms requested. The objection must beserved before the earlier ofthe time specified for compliance or14 days afterthe subpoena isserved. Ifan objection ismade,

the followingrules apply: (i) Atany time, onnotice tothe commanded person, theserving party

may move the court for thedistrict where compliance isrequired for an order compelling production orinspection.

(ii) These acts may berequired only as directed intheorder, and the

order must protect aperson who isneither aparty nor aparty's officer from

significant expense resulting from compliance.

(3) Quashing or Modifyinga Subpoena.

(A) When Required Ontimely motion, thecourt for thedistrict where

compliance isrequired must quash ormodify asubpoena that:

(i) fails to allowa reasonable time to comply;

(ii) requires aperson tocomply beyond thegeographical limits

specified in Rule45(c); (Hi) requires disclosure of privileged orother protected matter, if no

exception orwaiverapplies; or (iv)subjectsa person to undueburden.

(B)When Permitted To protect aperson subject tooraffected bya subpoena, the court for the district where compliance isrequired may, on

motion, quash ormodifythe subpoena if itrequires:

(i)disclosing atrade secret orother confidential research, development, or commercial information; or

(ii) disclosing an unretained expert's opinion orinformation that does

not describe specific occurrences indispute and results from theexpert's

studythatwasnotrequested by a party. (Q Specifying Conditions asanAlternative. Inthecircumstances

described in Rule45(d)(3)(B), thecourt may,instead ofquashing or modifying asubpoena, order appearance orproduction underspecified

conditions ifthe serving party:

(i) shows asubstantial need for thetestimony ormaterial that cannot be

otherwise met without undue hardship;and

(ii) ensures that the subpoenaed person will bereasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents orElectronically Stored Information. These

procedures apply toproducing documents orelectronically stored

information:

(A) Documents. A person responding toasubpoena toproduce documents

must produce them asthey are kept inthe ordinary course of business or

must organize and label them tocorrespond tothe categories inthe demand.

(B) FormforProducing Electronically Stored Information Not Specified Ifasubpoena does not specify a form for producing electronically stored

information, the person responding must produce itin aform or forms in

which it isordinarily maintained orinareasonably usable form orforms. (C) Electronically Stored information Produced In Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that theperson identifies asnotreasonably accessible because

ofundueburden orcost On motion to compel discovery orfor aprotective

order, theperson responding must showthat the information isnot

reasonably accessible because ofundue burden orcost. Ifthat showing is

made, the court may nonetheless order discovery from such sources ifthe

requesting party shows good cause, considering the limitations ofRule

26(b)(2)(C). The court may specify conditions for thediscovery.

(2)Claiming Privilege or Protection.

(A) Information Withheld A person withholding subpoenaed information under aclaim that it isprivileged orsubject toprotection as trial-preparation

material must

(i) expresslymakethe claim; and

(ii) describe thenature ofthewithheld documents, communications, or tangible things inamannerthat, without revealing information itself privileged orprotected, will enable the parties toassess the claim.

(B) Information Produced Ifinformation produced inresponse toa

subpoena issubject toaclaim of privilege orof protection as trial-preparation material, the person making the claim may notify any party

thatreceivedthe information ofthe claimandthe basis forit After being

notified, aparty mustpromptly return, sequester, ordestroy the specified information and any copies ithas; must notuse ordisclose the information

untilthe claimisresolved; must takereasonable stepsto retrieve the

information if theparty disclosed itbefore being notified; and may promptly

present the information underseal tothe court for the district where

compliance isrequired for adetermination ofthe claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt The court for thedistrict wherecompliance isrequired—and also, after a motion istransferred, the issuingcourt—may hold in contempta person

who, having been served, fails without adequate excuse toobey the

subpoenaor anorderrelatedto it.

For access tosubpoena materials, see Fed. R.Civ. P. 45(a) Committee Note (2013).
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STEVEN J. BELL, ESQ. (SBN 160531)

ROSS J. PSYHOGIOS, ESQ. (SBN 293165)

JONES CLIFFORD, LLP

1390 Market Street, Suite 1200

San Francisco, California 94102

Telephone: (415)431-5310

Facsimile: (415)431-2266

Attorney for Plaintiffs

MITCHELL OW and MARGARET BEDIMA-OW

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

MITCHELL OW and MARGARET BEDIMAOW,

Plaintiffs,

UNITED STATES OF AMERICA and DOES 1

THROUGH 20,

Defendants.

Case No.: 3:17-cv-00733-SK

NOTICE OF DEPOSITION

PURSUANT TO FED.R.CIV. P.

30(b)(2), 30(b)(6), 34.

TO ALL PARTIES AND THEIR ATTORNEY OF RECORD HEREIN:

PLEASE TAKE NOTICE that PlaintiffMITCHELL OW will take the deposition(s) on oral

examination pursuant to Fed. R. Civ. P. 30(b)(6) andLR30.1, of the PORT OF OAKLAND at Jones

Clifford, LLP, 1390 Market Street, Suite 1200, San Francisco CA, before a Notary Public and under

oath, on the following date and time and continuing day to day, excluding Saturday and Sunday, until

complete. The deposition may be recorded through the instant visual display oftestimony and may be

videotaped.

ThePortofOakland isrequested todesignate person orpersons mostknowledgeable andprepared

totestify regarding allinformation that isknown and reasonable available tothe Port ofOakland regarding

the matters setforth below. To avoid any confusion, Plaintiffrefers the Port of Oakland to FedR. Civ.

P. Rule 30(b)(6) which states as follows:

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NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV.P. 30(b)(2), 30(b)(6), AND 34
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In its notice or subpoena, a party may name as the deponent a public or private

corporation, a partnership, an association, a governmental agency, or other entity and

must describe with reasonable particularity the matters for examination. The named

organization mustthen designate oneor more officers, directors, or managing agents, or

designate otherpersonswhoconsentto testifyon its behalf;and it mayset out the matters

on which each person designated will testify. A subpoena must advise a nonparty

organization of its duty to make this designation. The persons designated must testify

about information known or reasonably available to the organization.

DEFINITIONS

"WRITING" is defined as set forth in California Evidence Code Section 250, and includes the

original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically

stored information, and every other means of recording upon any tangible thing and form of

communicating or representation, including letters, words, pictures, sounds, or symbols, or

combinations ofthem.

"SUBJECT INCIDENT" includes the circumstances and events surrounding the alleged

accident, injury, or other occurrence that gave rise to plaintiffs complaint filed herein.

"YOU or YOUR" refers to the Port ofOakland and shall include, where appropriate, YOUR past

or present agents, representatives, agents, employees, investigators, and other PERSONS acting

on YOUR behalf.

"PERSON or PERSONS" includes a natural person, firm, association, organization, partnership,

business, trust, limited liability company, corporation, or public entity.

"IDENTIFY" when applied to a PERSON shall mean to state the name, last known address and

telephone number.

"IDENTIFY" when applied to a WRITING shall mean to reasonably describe and state the

name, author, recipient and date it was created.

"UNITED STATES OF AMERICA" refers to the Federal Aviation Administration, its

employees, agents, and counsel, and any individualsfrom the United States Department ofJustice.

"SUBJECT LITIGATION" refers to the case filed in the Northern District of California, San

Francisco Division, titled MITCHELL OW and MARGARET-BEDIMA-OW v. UNITED

STATES OF AMERICA, Case No. 3:17-CV-00733-SK.

NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV.P. 30(b)(2), 30(b)(6), AND 34
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DEPONENT DATE TIME

1. The existence, creation, preservation, maintenance,

storage and custody of the documents and/or electronically

stored information requested in the schedule of documents

below, pursuant to Fed. R. Civ. P. 34.

April 10,2018 9:00 a.m.

2. The method of search for the documents and/or

electronically stored data requested in the schedule of

documents below, pursuant to Fed. R. Civ. P. 34.

April 10,2018 10:00 a.m.

3. Maintenance, creation, storage, and editing of any

videos taken by the Port of Oakland at the Oakland

International Airport on June 24,2014.

April 10,2018 11:00 a.m.

4. Identification of the source of the video file attached

as Exhibit A.

April 10,2018 12:00 p.m.

5. Maintenance, creation, storage, and editing, including

the accuracy of the time stamps of the video file attached as

Exhibit A.

April 10,2018 1:00 p.m.

6. Identification ofthe source ofthe video files attached

as Exhibit B.

April 10,2018 1:30 p.m.

7. Maintenance, creation, storage, and editing, including

the accuracy ofthe time stamps ofthe video files attached as

Exhibit B.

April 10,2018 2:00 p.m.

8. Communications with the UNITED STATES OF

AMERICA regarding any video files taken by the Port of

Oakland at the Oakland International Airport on June 24,

2014.

April 10,2018 2:30 p.m.

9. Communications with the UNITED STATES OF

AMERICA regarding the video file attached as Exhibit A.

April 10,2018 3:00 p.m.

10. Communications with the UNITED STATES OF

AMERICA regarding the video files attached as Exhibit B.

April 10,2018 3:30 p.m.

11. Communications with the UNITED STATES OF

AMERICA regarding the SUBJECT LITIGATION.

April 10,2018 4:00 p.m.

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NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV.P. 30(b)(2), 30(b)(6), AND 34
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12. Communications with the FEDERAL AVIATION

ADMINISTRATION regarding the SUBJECT

INCIDENT. .

April 10,2018 4:30 p.m.

PLEASE TAKE FURTHER NOTICE that, pursuant toFed. R. Civ. P. 30(b)(2), PlaintiffMITCHELL

OW requests that the PORT OF OAKLAND'S designee, responsive to this deposition notice, produce,

at the time ofthe deposition, the documents identified in the Schedule of Documents contained in this

deposition notice:

SCHEDULE OF DOCUMENTS

The items to be produced are:

1. Any and all WRITINGS reviewed, consulted, or otherwise relied upon to provide testimony

on the topics listed above.

2. Any and all videos depicting the SUBJECT INCIDENT in their original, native, and unedited

electronic format.

3. Any and all videos depicting the SUBJECT INCIDENT that YOU sent to the UNITED

STATES OF AMERICA and/or its attorneys.

4. Any and all WRITINGS pertaining to correspondence between YOU and the UNITED

STATES OF AMERICA regarding any video files taken by the Port of Oakland at the Oakland

International Airport on June 24,2014

5. Any and all WRITINGS pertaining to correspondence between YOU and the UNITED

STATES OF AMERICA regarding video file attached as Exhibit A.

6. Any and all WRITINGS pertaining to correspondence between YOU and the UNITED

STATES OF AMERICA regarding video files attached as Exhibit B.

7. Any and all WRITINGS between YOU and the UNITED STATES OF AMERICA

regarding the SUBJECT INCIDENT.

8. Any and all WRITINGS between YOU and the UNITED STATES OF AMERICA

regarding the SUBJECT LITIGATION.

9. Any and all WRITINGS provided by YOU to the UNITED STATES OF AMERICA

regarding the SUBJECT LILTIGATION.

NOTICE OF DEPOSITION PURSUANT TO FED.R.C1V.P. 30(b)(2), 30(b)(6), AND 34
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10. Any and all WRITINGS provided by YOU to the UNITED STATES OF AMERICA

regarding the SUBJECT INCIDENT.

Dated: March 8,2018

JONES CLIFFORD, LLP

SteverfrBell

Ross J. Psyhogios

Attorneys for Plaintiffs

MITCHELL OW and MARGARET BEDIMA-OW

NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV.P. 30(b)(2), 30(b)(6), AND 34
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CERTIFICATE OF SERVICE

Ow v. USA

U.S. District Court Case No.: 3:17-CV-00733-SK

NORTHERN DISTRICT OF CALIFORNIA

I,the undersigned, am a resident ofthe State ofCalifornia, over the age of eighteen years, and not a

party tothe within action. My business address is 1390 Market Street, San Francisco, California

94102. OnMarch 8,2018,1 served thefollowing documents(s) bythemethod indicated below:

NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV. P. 30(b)(2), 30(b)(6), 34

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D

•

by transmitting via facsimile on this date from the fax number (415) 431-2266 the

document(s) listed above tothe fax number(s) setforth below. The transmission was

completed before 5:00 p.m. and was reported complete and without error. Service by fax

was made byagreement ofthe parties, confirmed inwriting. The transmitting fax

machinecomplies with Cal. R. Ct. 2003(3)

by placing the document(s) listed above in a sealed envelope(s) with postage thereon

fully prepaid, inthe United States mail atSan Francisco, California addressed as set

forth below. I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice itwould be deposited in the U.S. Postal

Service onthat same day with postage thereon fully prepaid in the ordinary course of

business. I amaware thatonmotion oftheparty served, service is presumed invalid if

the postal cancellation date or postage meter date ismore than one day after date of

deposit for mailing in affidavit.

by placing the document(s) listed above in the sealed envelope(s) and by causing

messenger delivery ofthe envelope(s) to the person(s) atthe address(es) set forth below.

I am readily familiar with the business practice ofmy place ofemployment with respect

to the collection and processing of correspondence, pleadings and notices for hand

delivery. On , Icaused to be served via messenger the above-listed documents.

by placing the document(s) listed above in asealed envelope(s) and consigning itto an

express mail service for guaranteed delivery on the next business day following the date

of consignment to the address(es) setforth below.

by causing the documents to be sent to the persons at the email addresses listed below. I

did notreceive, within a reasonable time after the transmission, anyelectronic message

or other indication that the transmission was unsuccessful. Service by e-mail or

electronic transmission was made byagreement ofthe parties, confirmed inwriting.

Debra D. Fowler, Esq.

debra.fowler@.usdoi.gov

Joshua H. Joseph, Esq.

ioshua.h.ioseDh@usdoi.gov

Torts Branch, Civil Division

U.S. Department ofJustice

P.O. Box 14271

Washington, DC 20044-4271

I declare under penalty of perjury under the laws ofthe State ofCalifornia that

correct. Executed onMarch 8,2018, at SanFrancisco, (^forni^ ^

Attorneysfor Defendant United States of

America

NOTICE OF DEPOSITION PURSUANT TO FED.R.CIV.P. 30(b)(2), 30(b)(6), AND 34

.