Free Affidavit in Opposition to Motion - District Court of California - California

Case 4:07-cv-04894-SBA

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Filed 08/05/2008

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EXHIBIT B

Case 4:07-cv-04894-SBA

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Work Product Notes ­ Michael Levine CONFIDENTIAL ­ ATTORNEYS EYES ONLY August 4, 2008 Inventory of Materials Received for Review Robert Carl Patrick KEANE and CHIEKO STRANGE v. SETH McMULLEN, PAUL ACCORNERO, and JOHN SILVA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Complaint (Keane, et al v. McMullen et al) 9 pages Search Warrant and Affidavit authored by Special Agent SETH McMULLEN, dated 12/15/2006 7 pages Declaration in Support of Warrants of Arrest, by S/A SETH MCMULLEN 1 page Report of Investigation, authored by S/A SETH MCMULLEN dated 1/16/2007 2 pages Report of Investigation, authored by S/A SETH MCMULLEN dated 1/3/2007 3 pages Report of Investigation, authored by S/A SETH MCMULLEN dated 12/15/2006 1 page Report of Investigation, authored by S/A SETH MCMULLEN dated 12/15/2006 3 pages Report of Investigation authored by S/A SETH MCMULLEN dated 11-30-06, "Case Initiation," 3 pages Petaluma Police Department "Incident/Investigation Report, authored by Officer JIM STEPHENSON, entitled "POSSESS MARIJUANA FOR SALE" 3 pages "Full Booking" computer printout, re: arrest of ROBERT CARL PATRICK KEANE on 12/19/06, 1 page Photocopies (5) of photos of suspect package showing addresses and gloved hand revealing interior of package and contents. CA DMV Record for R. CARL KEANE 1 page DOJ/CLETS/NCIC Response on R. CARL KEANE 1 page

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Work Product Notes ­ Michael Levine CONFIDENTIAL ­ ATTORNEYS EYES ONLY 14. 15. 16. Mortgage Record for the property address of 307 N Ferndale Ave. Mill Valley, CA 94941 1 page Telephone Listing for R. CARL KEANE and CHIEKO STRANGE 2 pages Report of Investigation/ Incident Report dated 11/29/2006 authored by Officer JIM STEPHENSON. Location of Incident is the MAIL DEPOT 40 4th Street Petaluma, CA. 2 pages 17. 18. DOJ Report of Drug Property dated 11/30/2006 submitted by S/A SETH MCMULLEN. 1 page Receipt for Cash or Other Items dated 12/19/2006 signed by CHIEKO STRANGE and S/A SETH MCMULLEN. Items include a Wells Fargo Deposit Slip, Misc. Indicia United Healthcare and ATT Phone Bill. 1 page 19. 20. 21. Brick Township Police Department Summary for BRIAN W. KEANE 1 page Brick Township Police Department Summary for SUSANNE H KEANE 1 page Memo to JOHN LEMMON from TROYE SHAFFER in regards to the case of PEOPLE v. ROBERT KEANE, dated 2/21/2007. Attached is a copy of Brick township police report number NJ 0150600 and a copy of an additional report prepared by the DEA on 12/19/2007 and 1/10/2007 by S/A SETH MCMULLEN. 3 pages 22. 23. 24. Brick Township Police Report dated 12/2/2006 in regards to SUSANNE and BRIAN KEANE with a date of Occurrence of 12/1/2006. 3 pages Evidence Receipt Form for FedEx Express US Air bill for package received from S/A SETH MCMULLEN. 1 page Evidence Receipt Form for Sealed box containing approximately 4 pounds of marijuana, Three unknown pink tablets stamped S 86/67, FedEx Signature Record Form, Open FedEx Envelope and Form. 1 page 25. 26. 27. 28. Evidence Receipt Form for 1997 Chevy Tahoe. 1 page Supplementary Investigation Report dated 12/2/2006 authored by Officer LASH. 1 page Waiver of Rights signed by BRIAN KEANE and dated 12/1/2006. 1 page Waiver of Rights signed by SUSANNE KEANE and dated 12/1/2006. 1 page

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Work Product Notes ­ Michael Levine CONFIDENTIAL ­ ATTORNEYS EYES ONLY 29. Complaint Warrant for the case of The State of NJ v. SUSANNE KEANE for the Possession of over 50 Grams of Marijuana, date of arrest noted as 12/1/2006. 1 page 30. Complaint Warrant for the case of The State of NJ v. BRIAN KEANE for the Possession of over 50 Grams of Marijuana, date of arrest noted as 12/1/2006. 1 page 31. 32. 33. Criminal Docket, Superior Court of California, Sonoma County. Declaration of MAUREEN MCGUIGAN, in support of PLAINTIFF'S motion to DEFENDANT'S motions for Summary Judgment. 5 pages Federal Defendant Seth McMullen's Notice of Motion and Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment Fed. R.Civ.P. 56, 30 pages 34. Federal Defendant John Silva's Notice of Motion and Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment Fed.R.Civ.P. 56, 19 pages 35. Declaration of Abraham A. Simmons in Support of Motions for Summary Judgment (3 pages), and Exhibits 1 (26 pages), 2 (10 pages), 2(a) (audio file), 3 (15 pages), 4 (32 pages)and 5 (6 pages)thereto 36. 37. 38. Supplemental Declaration of Seth McMullen in Support of Motion for Summary Judgment or, in the Alternative, for Summary Adjudication of Issues, 5 pages Supplemental Declaration of John Silva in Support of Motion for Summary Judgment, 6 pages Declaration of Robert W. Scott, II, in Support of Defendants' Motions for Summary Judgment or, in the Alternative, for Summary Adjudication of Issues Fed.R.Civ.P. 56, 2 pages 39. 40. Declaration of Nikos Eliopoulos in Support of Motions for Summary Judgment, 7 pages Declaration of Bridget Coughlin in Support of Defendants' Motions for Summary Judgment, or, in the Alternative, for Summary Adjudication of Issues Fed.R.Civ.P. 56, 2 pages

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Work Product Notes ­ Michael Levine CONFIDENTIAL ­ ATTORNEYS EYES ONLY 41. Declaration of Robert Armstrong in Support of Defendants' Motions for Summary Judgment, or, in the Alternative, for Summary Adjudication of Issues Fed.R.Civ.P. 56, 2 pages