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Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 1 of 82 1 DAVID P. MASTAGNI (SBN 57721) GRANT A. WINTER (SBN 266329) 2 BRETT D. BEYLER (SBN 319415) MASTAGNI HOLSTEDT, A.P.C. 3 1912 I Street 4 Sacramento, California 95811 Telephone: (916) 446-4692 5 Facsimile: (916) 447-4614 Email: [email protected] 6 7 Attorneys for Plaintiffs ALAN STRICKLAND and KELLY STRICKLAND 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 13 ALAN STRICKLAND, an individual; and Case No.: 4:20-CV-00981-YGR 14 KELLY STRICKLAND, an individual, DECLARATION OF BRETT D. BEYLER 15 Plaintiffs, FILED IN SUPPORT OF PLAINTIFFS’ 16 v. OPPOSITION TO DEFENDANTS’ MOTION FOR LEAVE TO FILE AN AMENDED 17 MASAI UJIRI, an individual; TORONTO JOINT ANSWER AND COUNTERCLAIM RAPTORS, a business entity; MAPLE LEAF 18 SPORTS & ENTERTAINMENT, a business 19 entity; NATIONAL BASKETBALL ASSOCIATION, INC.; and DOES 1 through 20 100, inclusive, 21 Defendants. 22 23 24 25 26 27 28 - 1 - DECLARATION OF BRETT D. BEYLER FILED IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR LEAVE TO FILE AN AMENDED JOINT ANSWER AND COUNTERCLAIM Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 2 of 82 1 DECLARATION OF BRETT D. BEYLER 2 I, BRETT D. BEYLER, declare as follows: 3 1. I am an attorney duly licensed to practice law in the State of California and admitted 4 to practice in this Court. I am an associate attorney with the law firm of Mastagni Holstedt, A.P.C. 5 and Counsel for Plaintiffs in this action. The matters described herein are based upon my personal 6 knowledge, and if called as a witness, I could and would testify competently thereto. 7 2. I make this Declaration in Support of Plaintiffs’ Opposition to Defendants’ Motion 8 for Leave to File an Amended Joint Answer and Counterclaim. 9 3. Any redaction to these documents that I made were to preserve privacy of third- 10 parties. All of these documents have been either produced by Plaintiffs or served on Plaintiffs by 11 defendants in this action. I redacted email addresses and phone numbers from documents that were 12 produced by the NBA. I do not believe that these redactions were necessarily warranted under any 13 particular body of law, or that the documents were entitled to privileges or privacy protections, but 14 the NBA had expressed an interest in redacting those items, so I complied as a courtesy. I do not 15 waive the right to file the same material in an unredacted format in the future. 16 4. Attached as Exhibit 1 is a true and correct copy of an Alameda County Sheriff’s 17 Office Incident / Criminal Report regarding the subject matter of this litigation. 18 5. Attached as Exhibit 2 is a true and correct copy of an Oakland Police Department 19 Crime Report regarding the subject matter of this litigation. 20 6. Attached as Exhibit 3 is a true and correct copy of emails from NBA officials to 21 Raptors officials regarding the NBA Finals Trophy Presentation. For purposes of third-party 22 23 privacy, I have redacted the email addresses and phone numbers in these attached emails. 24 7. Attached as Exhibit 4 is a true and correct copy of emails from an NBA official to 25 Raptors officials regarding the NBA Finals Trophy Presentation. For purposes of third-party 26 privacy, I have redacted the email addresses and phone numbers in these attached emails. 27 8. Attached as Exhibit 5 is a true and correct copy of emails from an NBA official to 28 Raptors officials regarding the NBA Finals Trophy Presentation. For purposes of third-party - 2 - DECLARATION OF BRETT D. BEYLER FILED IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR LEAVE TO FILE AN AMENDED JOINT ANSWER AND COUNTERCLAIM Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 3 of 82 1 privacy, I have redacted the email addresses and phone numbers in these attached emails. 2 9. Attached as Exhibit 6 is a true and correct copy of Defendant Masai Ujiri, Toronto 3 Raptors, and Maple Leaf Sports & Entertainment’s Joint Rule 26 Initial Disclosure (excerpt). 4 10. Attached as Exhibit 7 is a true and correct copy of two emails from Defendants’ 5 legal counsel, Emanuel Townsend, sent on May 13, 2020. 6 11. Attached as Exhibit 8 is a true and correct copy of images I pulled from Oracle 7 Arena Security Camera Footage for the East Camera angle for purposes of this Opposition. The 8 actual security footage that this frame was derived has been manually filed in accordance with local 9 rules as Exhibit 10. I have Manually Filed and served the appropriate Manual Filing Notification in 10 accordance with local rules. This footage was also upon opposing counsel over a month ago. 11 12. Attached as Exhibit 9 is a true and correct copy of still frame images I pulled from 12 Alan Strickland’s Body Camera Footage for purposes of this Opposition. 13 13. Attached as Exhibit 10 is a true and correct copy of video footage from the date of 14 the incident. The actual security footage has been manually filed in accordance with local rules. I 15 have Manually Filed and served the appropriate Manual Filing Notification in accordance with the 16 Local Rules, including Local Rule 5-1. This footage was also served upon opposing counsel over a 17 month ago but will be served again by email service on September 1, 2020. 18 14. Attached as Exhibit 11 is a true and correct copy of the NBA’s responses to 19 Plaintiffs’ Interrogatories, Set One, Nos. 4-6. 20 15. Attached as Exhibit 12 is a true and correct copy of Masai Ujiri’s response to 21 Plaintiffs’ Request for Admission, Set One, Nos. 1-5, 32. 22 23 16. Attached as Exhibit 13 is a true and correct copy of Masai Ujiri’s response to 24 Plaintiffs’ Interrogatory Nos. 14-15. 25 17. On June 22, 2020, Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports 26 & Entertainment served responses to Plaintiffs’ written discovery. 27 18. On July 16, 2020, Defendant Masai Ujiri, Toronto Raptors, and Maple Leaf Sports 28 & Entertainment produced documents and videos responsive to Plaintiffs’ written discovery - 3 - DECLARATION OF BRETT D. BEYLER FILED IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR LEAVE TO FILE AN AMENDED JOINT ANSWER AND COUNTERCLAIM Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 4 of 82 1 requests including videos of the incident, one of which was produced to the Court on May 13, 2020. 2 I declare under penalty of perjury under the laws of the United States of America that the 3 foregoing is true and correct. Executed this September 1, 2020 in Sacramento, California. 4 By: /s/ BRETT D. BEYLER BRETT D. BEYLER 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - DECLARATION OF BRETT D. BEYLER FILED IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR LEAVE TO FILE AN AMENDED JOINT ANSWER AND COUNTERCLAIM Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 5 of 82 EXHIBIT 1 Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 6 of 82 P INCIDENT /CRIMINAL REPORT Alameda County Sheriffs Office Agency: PORT ORL• CA00100000 Case Number: 19-010071 Incident Information Date/Time Reported Date/Time Found DatelTime Found Otticer 06/13/2019 23:04 06/13/2019 23:04 06/] 3/2019 23:04 (202852) STR7CKLAND, ALAN P Incident Location Supervising Officer 7000 COLISEUM WY, OAKLAND, CA 94621 (201603) MCGRAIL, JAMES V Domestic Violence Charges Charge Type Description Statute UCR ~ Att 1 City BATTERY ON PEACE OFFICER/EMERGENCY PERSONNEL/ETC 243 (B) PC 13B 0 Com Alcohol, Drugs or Computers Used Premise Type Premises Entered Forced Entry Weapons p Alcohol ❑Drugs p Computers OTII~R/UNKNOWN ❑ 1'es p No 1. Personal Weapons (hands, Entry Exit Criminal Activity Z• 3. Bias Morivation Bias Target Bias Circumstances Hate Group Victims Sep.N Type Injuries Residency Stalus Ethnicity 1 DEPUTY S}fERIFF Other Major Injury Unknown Unknown Namc(l,ast, First, A~ Rece Sex DOB Age STRICKLAND, A. #1812 U M 00 Address Home Yhone CONFIDENTIAL-ACSO Employer Name/Address Business Phone A.C.S.O. / 1401 LAKESIDE DR, 12TH FLOOR, OA.KI,AND, LA 94612 Victim of Crimes SSN# 1 Case Status: Printed: 6/21/2019 11:52 Pa~c ] oT l4 STRICKLAND - 000178 Case 4:20-cv-00981-YGR Document 37-1 Filed 09/01/20 Page 7 of 82 • _*_~ INCIDENT /CRIMINAL REPORT a,T:` Alameda County Sheriffs Office ~" ~ Agency: PORT ORI: CA00100000 e Case Number: 19-010071 Suspects Seq. # Type Name(Last, First, M) 1 PERSON UJIRI, MASAI AKA Race Sex DOB Agc Height Weight B M 00 Address SS V N home Phone ON FILE RAPTORS ORGANIZATION Employer Name/Address Business Phone RAPTORS ORGANIZATION / Scars, Marks, Tatoos or other distinguishing features Physical Characteristics Suspect Details Other Persons Involved Name Code Scq. N Name (Last, First, M) Race Sex DOB Involved Yarty 1 LISKEY, P. #1620 W M Address SC's tp Homc Phonc CONFIDENTIAL-ACSO Employer Name/Address Business Phone A.C.5.0. / 140] LAKESIDE DR1VE,l2TH FLOOR,OAKI,AND,CA 94612 Name Codc Seq. tt Name (Last, First, M) Race Sex DOB Involved Party 2 NORTON, M.