INSTRUCTIONS: Fiease read caretuily the instructions on the FORM APPROVED CLAIM FOR reverse side and snooty information requested on both sides at this 0MB 11050003 INJURY: OR DEATH term. Use additlonai sheet-:5} If necessary. See reverse side for additional Instructions. 1. Submit to Appropriate Fondant Agency: 2. address of claimant, and claimant?s perineum! representative Il' any. (Sea mltruc??onl on reverse}. Number. Street. City. State and ZIP code. Department of the interior James Sieinle. Elizabeth Sullivan, and the Estate of cro Bureau of Land Management Steinle {See Attachments 1 and 2). 1849 Street NW, Rm. 5655 C10 Cotohett. Pitre 3. McCarthy. LLP Washington DC 20240 e. TYPE or EMPLOYMENT 4. DATE or BIRTH 5. MARITAL sums 3. DATE mo ear or: ACCIDENT 1. TIME (AM. on an.) Wm?? Attachment 2 Attachment 2 07f01i'2015 Apex. 6:30 pm. e. BASIS OF CLAIM {State in detail the brown facts and drummer-es attending the damage. injury. or death. Idontiylng person: and property Involved. the piece of eoounenoe and the cause hereof. Use oddhionai page; It m. Please see Attachment 2 9. PROP ERTT DAMAGE NAME AND ADD REES OF OWNER. IF OTHER THAN CLAIMANT (Number. Street. CW. Slate. and ZIP None. BRIEFLY DESCRIBE THE PROPERTY. HATUHEAND EKTEHT OF THE THE LOCATIDH OF WHERE THE PROPERTY MAY BE INSPECTED. {See instructions on meme nee). - None. 1U. PERSONAL DEATH STATE THE MWHEAHD EXTENT OF EACH INJURY OR CAUSE OF DEATHJM-IIGH FORMS THE WIS OF THE CWM- IF OTHER STATE THE NAME OF THE INJURED PERSON UR DECEUENT. Please see Attachment 2. It. WTTNEESES WE (Number. Street. City. sum. and Zip Code) Mr. James Steinle (represented by Counsei) Cotehett. Pitre a McCarthy. LLP. 840 Malcolm Road. Buriingame. CA 94102 12. {See Instructions on reverse). mourn OF CLAIM {In dottm} 121. PHDPE RTY DMIAGE 12b. PER SOHAL INJURY 121:. DEATH 1211. TOTAL (Future to specify may cause lonoihrro at your rights}. 0.00 Attachment 2 AIIaChment 2 Attachment 2 I CERTIFY THAT THE AMOUNT OF CLAIM BOUERS ONLY DAMAGES AND INJURIES GMJEED BY THE INCIDENT ABOVE AHD AGREE TO AWEPT SAID MOUNT IN suu. emergence one FINAL . .. . m. PHONE nausea or Peeseu sreumo Fania ears are muse (650} 6976000 SJ CIVIL PENALTY FOR EHTIHG CRIMINAL PENALTY FOR PRESENTING FEAJDULEHT FRAUDIJIEHT CLAIH CLAIM OR MAKING FALSE STATEHEHTS The doth-tent is liable re the United States Gown-meat for a EM penalty at not late than Film. W?m??t 5" Him- {5?0 13 U-S-C- 297- 1001.] and not more than 51mm. pin: 3 times the amount at damage: sustained by the Government. {See 31 U.5.C. 37291. Amhorized for Local Repredudion HSH mono-smote STANDARD FORM 95 (REV. moor} Previous Edition is net Usable PRESCRIBED BY DEPT. OF JUSTICE 95409 as CFR 14.: INSURANCE COVERAGE ltlsessondsl Eton No Blue Cross. Blue Shield PD. Box 64560 St. Paul. MN 55164-0560 to. Have youlitsd a cletmvrith cerrisrln this hastened. end iiso. ls iiluli Blue Cross Blue Shield partially paid amounts owed for medical services. See Attachment 3. IE Yes No 17. stole amount. 500.00 t8. llaclelrn yourcerl'ier.vrhat action has thbnecesselydtetyou tests). Blue Cross Blue Shield partially paid amounts owed for medical services. See Attachment 3. re. Do you con-y public lisblity and property damage insurance? a Yes Ilyss. give name and address or insurance center (Number. Street. City. State. and Zip Code). No NIA. INSTRUOTIONB Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose srnpioyeots) was involved in the Incident. if the incident involves more than one claimant. each claimant should submit a separate claim forth. complete all items - insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE 3 PRESENTED WHEN A FEDERAL RECEIVES FROM BMW. HIS DULY AUTHORIZED AGENT. OR LEGAL REFRESENTATIVE. AN EXECUTED STANDARD FORM 05 OR NOTIFICATION OF AN INCIDENT. BY A CLAIM FOR MONEY Feilurete completst execute this form orto supply the requested material within two yours from the date the claim accrued may render your claim Invalid. A claim is rimmed presented when it is received by the appropriate aanoy. not when it is me . It ondtoreverso side my becontected. Complete raguiadcns pertaining to claims asserted underthe Federal Tort Gent-is Act an be rm in Title 28. Code or Federal Regulations. Port to. Many agencies have publhhed supplementing it more than one agency is involved. please state each scene}. The claim may be titled by a duly authorized spent or other legal representative. provided evidence to the Government is submitted with the claim establishing caches: authority to set tor the dehan A claim presented by an agent or legal representative mustbeprassntedtn thononro otlho clelrnent. lithe bythe counter lope! representative. it must showthe title ?lest capacityet the person signing and be accompanied by evidence or hisdtorsuihodhv to present a claim on behalf of the dolrnoni as agent. executor. potent. guardian or other representative. If claimant intends to tiletor both personal iniury and property damage. the smsunttor each must be church in ltemnurnborjz oithis tenrr. MIMGED A FOR INJURY TO OR LOSS OF PROPERTY. PERSONAL INJURY. OR DEATH ALLEGED TO HAVE OOWRREO BY BENSON OF THE INCIDENT. THE CLAIM MUST OE PRESENTED TO THE APPROPRIATE FERN. AGENCY WITHIN AFTER THE CLAIM AOOBUES. The amount claimed should be substantiated by competent evidence as lotions: in support oi the claim for personal lnlury ordseth. the should submit a written report by the attending physician. showing the nature and extent otlhe the nature end moment. the degree or pennsnent disability. it any. the prognosis. and the period of or lncepsdtetion. [toothed bills for medical. hospital. or burial expertses actually teamed. (bi in support otdeims tor damage to property. which has been orcen be economically repaired. the ointment should submit itemized signed stetornonisorestimsles by reliable. disinterested consults. or. it payment has been reeds. tilelientmd stoned receipts evidencing payment. to) in support oi claims for damage to property which Is repairable. or ii the property Is lost the clolntent should submit statements estethe ollpinol both bsioroond alter the accident Such statements should be by disinterested oontpotent persons. prorateny remote dealers orctticielslomlliervriih the type of property damaged. orby tivoormore sheuidtrecerd?odes beinglustandoorroct. (d1 Failure to specify a sum certain will render your claim invalid and any result in ofyotrr rights. FRNAOYAOT NOTIOE This Notice is provided in accordance with the Act. 5 0.5.6. 5528mm. anti concerns uraintonnstien Noticeisettechod. A. Audrerlhr: Theroquosted pursuant bmormoreoithe 5 301. 23 0.8.0. 501 at seep. 28 0.8.0. 2571 at seen 25 OER. B. Prindpel?tepose: Theirdernrerisn o. Removes: submitting this term tor this intormwon. D. Elinor ctr-'elimeto Respond: Disclosure ls voluntary. However. {some to supply the requested infestation or to execute the form may render your sister 'tnvelid.? PAPERWORN REDUOTION AOT NDTIOE This notice is water the purpose or the Paperwork Reduction Act. 44 use. 3501. Public reporting burden tor this collection ct bdonnetion ls to average hours per response. including the tree for reviswurg htshuctions. searching existing lists somoeo. gathering and maintaining the data needed. and completing and reviewing the oelterdion or information. Send comments regarding title hidden or any this collection oi intonnsticn. Including suggestions tor reducing this burden. to the Director. Torts Brandt. m: Paperwork Reduction Start. Civil Division. u.s. Depsronentetduslios. Vthehinpion. co tosses: to the Office oi Management and Budget Do not melt completed tennis) to these sddressos. STANDARD FORM 95 REV. (212007) BACK ATTACHMENT 1 ?11m; ATTORNEY UTHORIZATION T0: Department of the Interior C10 Bureau of Land Management 1849 Street NW, Rm. 5665 Washington DC 20240 We, James Steinle and Elizabeth Sullivan, both individually and as parents of the decedent Steinle, hereby designate and authorize Frank M. Pitre of the law ?rm Cotchett, Pitne McCarthy, LLP to represent our interests, and the interests of our deceased daughter Steinle, and continue any and all claims which have been ?led or will be ?led arising from the July 1, 2015 death of Steinle near Pier 14 in San Francisco, Califomia. Executed this dam day of 20 15 ,at Ignatius of James Steinle Signature o?Elimbeth Sullivan ATTACHMENT 2 ATTACHMENT 2 INTRODUCTION CLAIMANTS James Steinle and Elizabeth Sullivan, individually and as heirs to Steinle, deceased, and the Estate of Steinle (collectively bring this action under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 1402(b), 2401(b), and 2671-260 against the United States Immigration and Customs Enforcement and the United States Department of Interior?s Bureau of Land Management (collectively for the negligent acts of their officers, of?cials, agents and/or employees, and their failures to perform mandatory duties, the purpose of which are to promote, protect, and. uphold the safety and welfare of the public. As set forth below, CLAIMANTS assert that ICE, inclusive of its of?cers, of?cials, agents and/or employees, failed to af?rmatively detain and deport a convicted felon and undocumented immigrant, Mr. Juan Francisco Lopez-Sanchez upon release from custody by the San Francisco Sheriff?s Department LOPEZ- SANCHEZ was a career felon who hadjust served time in federal prison for multiple felony convictions involving the manufacture, possession and sale of narcotics. Accordingly, ICE was required to expeditiously take custody of LOPEZ-SANCHEZ upon his release and proceed with deportation proceedings. ICE failed to do so, and as a direct legal consequence of failure to carry out its mandatory responsibility, an undocumented repeat felon subject to deportation was released by the City and County of San Francisco where he foreseeany pursued a criminal course of conduct by shooting and killing Steinle on July 1, 2015 at or about 6:30 pm. As set forth below, CLAIMAN TS also assert that a BLM law enforcement agent failed to follow mandatory regulations, policies and/or procedures for securing and storing a ?rearm while it was left in an unoccupied vehicle. As a direct legal consequence of the BLM agent?s failure to exercise this mandatory duty, LOPEZ-SANCHEZ was able to gain access to a loaded .40 caliber government-issued ?rearm which was then foreseeably used to pursue a criminal course of conduct by the shooting and killing of KATE. PARTIES I. CLAIMANTS Steinle, now deceased, was at all times relevant to this claim a resident of the City and County of San Francisco. KATE was born on December 13, 1982, and was the daughter of James Steinle and Elizabeth Sullivan. James Steinle is, and at all times relevant to this claim was, a resident of Livermore, California. Jim was born on April 29, 1947, was the father of KATE, and is a proper personal representative and heir pursuant to California law. Elizabeth Sullivan is, and at all times relevant to this claim was, a resident of Livermore, California. Liz was born on May 21, 1946, was the mother of KATE, and is a proper personal representative and heir pursuant to California law. Both JAMES and LIZ, by virtue of the premises, are lawfully entitled to initiate this claim in their individual capacity, as well as on behalf of the ESTATE OF STEINLE in pursuit of a survival action. II. RESPONDENTS The United States Immigration and Customs Enforcement is a federal law enforcement agency acting under the United States Department of Homeland Security ICE, through its of?cers, of?cials, agents and/or employees, is responsible for enforcing the nation?s immigration laws and ensuring the departure of removable aliens from the United States. ICE e??ectuates this purpose through an enforcement body called Immigration Enforcement Agents IEAs identify, arrest, and remove aliens who violate US. immigration law, and are the primary group responsible for the transportation and detention of aliens in ICE custody. ICE also has Deportation Officers that prosecute aliens for illegal re- entry a?er deportation, monitor cases during deportation proceedings, supervise released aliens who are subject to deportation, and remove aliens from the United States. 2 The United States Department of Interior?s Bureau of Land Management is an agency within the United States Department of the Interior that helps administer, maintain and oversee certain public lands owned or in the possession of the United States. The BLM, acting through its Of?ce of Law Enforcement Security, also ?mctions as a federal law enforcement agency of the United States Government. Pursuant to that role, the BLM has uniformed rangers that enforce laws and regulations that govern BLM lands and resources. BLM rangers carry ?rearms, defensive equipment, make arrests, execute search warrants, complete reports and testify in court. STATEMENT OF RELEVANT FACTS I. THE DEATH OF STEINLE On July 1, 2015, at approximately 6:30 pm. an undocumented immigrant named Juan Inez Garcia-Zarate, a.k.a. Juan Francisco Lopez-Sanchez discharged one bullet from a .40 caliber SIG Sauer handgun. That bullet struck KATE in the back, piercing her aorta and lodging itself in her abdomen. Just moments before the shooting, KATE and her father JAMES had been walking together along the San Francisco waterfront nearby Pier 14. father JAMES came to her aid immediately after she was shot by LOPEZ- SANCHEZ. JAMES held KATE in his arms while she endured signi?cant physical and emotional pain. JAMES attempted to keep KATE alive by performing emergency cardiopulmonary resuscitation while he waited for medical assistance to arrive. JAMES held her head as she fought for her life and begged for his help. Despite JAMES best efforts, and those of the emergency responders who were called to aid, KATE succumbed to her injuries approximately two (2) hours later at San Francisco General Hospital. At the time of her death, KATE was a smart and hardworking thirty-two (32) year old woman, and a loving daughter and sister with a strong commitment to socially just causes. See attached Exhibit A. II. JUAN FRANCISCO PRIOR CRIMINAL HISTORY In stark contrast to KATE, LOPEZ-SANCHEZ had been convicted of seven felonies, four being serious drug felonies, and was deported ?ve times prior to the shooting. Indeed, on the date in question, LOPEZ-SANCHEZ admitted to being under the in?uence of narcotics, including but not limited to, marijuana and sleeping pills. He claims that he does not remember any of the events that took place on July 1, 2015. Witnesses of the shooting observed LOPEZ- SANCHEZ acting bizarrely moments before the killing of KATE. This senseless shooting is consistent with the aberrant, erratic, and uncontrollable nature of an individual addicted to controlled substances, including heroin, and is a foreseeable risk given the pattern and practice of misuse and abuse of controlled substances as illustrated by prior convictions, including the manufacture, possession and/or sale of heroin. prior criminal convictions and/or deportations, include but are not limited to the following: 1. Convicted of felony heroin possession on or about, February 2, 1993; 2. Convicted of felony narcotics manufacturing on or about, May 12, 1993; 3. Convicted of felony heroin possession on or about, November 2, 1993; 4. Convicted of misdemeanor imitation controlled substance on or about, June 9, 1994; 5. Convicted of a controlled substance violation and aggravated felony on or about, June 10, 1994; Departed to Mexico on or about, June 20, 1994; Convicted of felony heroin possession on or about, July 1 l, 1996; Departed to Mexico on or about, April 4, 1997; 99?24? Departed to Mexico on or about, February 2, 1998; 10. Convicted of felony re-entry on or about, September 3, 1998; l. Departed to Mexico on or about, March 6, 2003; l2. Convicted of criminal re-entry and violation of supervised release on or about, November 7, 2003; 13. Departed to Mexico on or about, June 29, 2009; and 14. Convicted of felony re-entry and probation violations on or about, May 12, 2011. On or around March 26, 2015, LOPEZ-SANCHEZ had ?nished serving a forty-six month sentence at Victorville federal prison in Los Angeles. Pursuant to a request made by the SFSD, LOPEZ-SANCHEZ was released to SFSD custody to appear for an outstanding felony warrant for the sale of marijuana. A judge of the San Francisco Superior Court heard the matter the very next day, March 27, 2015, at which time drug charge was dismissed. FAILURE TO DETAIN AND DEPORT JUAN FRANCISCO LOPEZ- SANCHEZ UPON RELEASE On or around March 27, the Office of Immigration and Customs Enforcement or ICE (previously known as the Immigration and Naturalization Service) sent an immigration detainer request to SFSD asking that ICE be noti?ed forty-eight hours prior to the release of LOPEZ- SANCHEZ. Immigration detainer requests are issued pursuant to Sections 236 and 287 of the Immigration and Nationality Act and Chapter 1 of the Code of Federal Regulations, 8 C.F.R. 287.7. These requests notify Federal, State, or local law enforcement agencies that ICE seeks the custody of an undocumented immigrant that is presently in the custody of that enforcement agency for the purpose of arresting and removing the undocumented immigrant. Among other things, a detainer request asks that the Federal, State or local law enforcement agency notify ICE prior to release of the undocumented immigrant so that ICE can assume custody. At all times relevant herein, ICE, including its officers, of?cials, agents and/or employees, were aware of the City and County of San Francisco?s status as a ?Sanctuary City,? and had been informed on several occasions by members of the SFSD, including San Francisco Sheriff Ross Mirkarirni, that the SFSD would not honor ICE detainer requests. In fact, on 5 February 12, 2015, Sheriff Mirkarimi met with Homeland Security Deputy Director Alejandro Mayorkas during which time Mirkarimi informed DHS (and by extension, ICE) that SF SD would not notify ICE or DHS of the pending release of an undocumented immigrant unless ICE had issued ajudicial order or warrant for deportation. Therefore, DHS and ICE were aware prior to the release of LOPEZ-SANCHEZ that unless af?rmative steps were taken, SFSD would as a matter of course permit the unsupervised release of undocumented immigrant felons that were in the custody of the City and County of San Francisco. At all times relevant herein, ICE, including its of?cers, of?cials, agents and/or employees, were aware of their mandatory duty to obtain a required judicial order or warrant for the detention and/or deportation of LOPEZ-SANCHEZ while in the custody of the City and County of San Francisco. At all times relevant herein, federal law requires that ICE and DHS effectively and expeditiously take custody of undocumented immigrants that have been convicted on a felony drug charge and that are not otherwise detained by Federal, State, or local of?cials. At all times relevant herein, and/or of?cers, officials, agents and/or employees were aware that LOPEZ-SANCHEZ had a long criminal history that included numerous felony convictions for violations of the controlled substances laws, including for the manufacture, possession and sale of narcotics. At all times relevant herein, and/or of?cers, of?cials, agents and/or employees were aware that LOPEZ-SANCHEZ was an undocumented immigrant that had been subject to multiple deportation proceedings in the past. Accordingly, by operation of federal statute, ICE and DHS had mandatory duties to detain and deport LOPEZ-SANCHEZ, yet failed to do so. As a direct and legal result of these failures to carry out their mandatory duties, LOPEZ-SANCHEZ was released without supervision, detention and/or deportation. Less than three months after his release, LOPEZ- SANCHEZ shot and killed KATE. IV. A RANGER OF THE BUREAU OF LAND MANAGEMENT FAILED TO FOLLOW MANDATORY DUTIES FOR SECURING A .40 CALIBER FIREARM BLM ?elds a force of approximately 200 Law Enforcement Rangers and 70 Special Agents. These ELM of?cers enforce a wide range of laws and regulations in the Prevention, detection, and investigation of crimes affecting public lands and resources. Rangers are uniformed o?icers who are responsible for enforcing federal laws and regulations and assisting local county or city police departments, other federal and state land management agencies. All BLM Rangers are equipped with government-issued ?rearms, including SIG Sauer .40 caliber handguns. BLM Rangers are also required to attend special ?rearm training held by the Federal Law Enforcement Training Center A?er FLETC training is complete, BLM Rangers complete a second ?eld training and evaluation program where they learn thejob in several duty locations across the western States. Annual and quarterly training is also required for ?rearms, defensive tactics, physical fitness, and other job skills. On or around June 2015, a fully-loaded and government-issued .40 caliber SIG Sauer P239 handgun was taken from a BLM Ranger?s vehicle while that vehicle was parked in the downtown area of San Francisco. A representative image of a P239 SIG Sauer .40 caliber handgun is provided below. According to reports, the BLM Ranger had travelled to the City and County of San Francisco for business purposes, and had left the .40 caliber weapon unattended in a backpack that was in plain sight in his vehicle. At the time the gun was taken, the BLM Ranger was acting within the course and scope of his employment. According to the San Francisco Police Department, the incident rate of auto burglaries in the City increased. by 32% in 2015. The downtown areas of San Francisco, including the South of Market and Financial Districts, had the biggest increase in robberies and car break-ins. As a result, the SFPD advises residents and visitors that nothing of value should be le? in an unattended vehicle. On or around July 10, 2015, the San Francisco Police Department marine unit retrieved a .40 caliber SIG Sauer handgun from the water just off of Pier 14. After comparing the ballistics from the handgun that was found to the round that killed KATE, the San Francisco Police Department?s forensic crime laboratory con?rmed that it was the gun used by LOPEZ- SANCHEZ to shoot and kill KATE. The BLM also con?rmed that it was same handgun that had been taken from their Ranger?s vehicle. Dana Wilson, a spokeperson for BLM, admitted in a public statement issued shortly after death that it is policy and procedure that of?cers or Rangers are required to ensure that their ?rearms are kept secure. In fact, the Departmental Manual for all Department of the Interior employees engaged in law enforcement duties, such as BLM Rangers, states that each of?cer is responsible for ensuring the security of his/her assigned ?rearm and other defensive equipment while on or off duty. See Exhibit B. Additionally, own Safety and Health for Field Operations Manual Handbook 11 12-2, Chapter l7.6, requires that ?[a]ll ?rearms, when not in active use, shall be stored in a secure place, out of sight, under lock and key. Firearms will be unloaded prior to storage.? See Exhibit C. Safety and Health for Field Operations wuh w? it'll HIMUWI Mll- glue-naming pm. nul- Iq- Ia- wuvtIrIIlIe-h h'Wl-l c" urI?mrI-tk Willem (sf-In- mu mom ll um? my." I. Ironic-ll,- rm ?a by Inn-d ml: In cut-y mum run- If- mm min "amnion :9 D?v- If?lm Ink-glue WI. c? toll-1n! In! tuI'ral'II-II ?ll-l up Oi??liI-plum I: u- In! ?4-1 Null I'll HIM In Inn-nu Wm? Imu? mm {me-r lo Hume I Bur-Inn 11b MINNM.W "cl In In- WIN-H nut-w crud-Io 5. Omar-Hm! of true- lntonor Bun?1L1 of [as?d Mann-garner! 131 . . As such, and at all times relevant herein, all BLM Rangers have a mandatory duty to secure their ?rearms in a lockable, hard-side, gun case that is pre-approved by the State Firearms Of?cer. Further, all BLM Rangers have a mandatory duty to ensure that their firearms are unloaded at all times except when actually needed. These mandatory duties are similar in kind to laws that govern private persons under California law. A representative sample of a locked gun box is provided below. The BLM Ranger who was assigned the .40 caliber SIG Sauer handgun that was later used to kill KATE failed to exercise his mandatory duty to properly and safely secure his ?rearm. The BLM Ranger also failed to exercise his mandatory duty leave his ?rearm unloaded at a time when it was not actually needed. As a direct and legal result of said wrongful acts and/or omissions, LOPEZ-SANCHEZ was allowed to gain access to a loaded weapon that he later used to kill KATE. BASIS FOR FEDERAL TORT CLAIM LIABILITY I. FAILURE TO AFFIRMATIVELY DETAIN AND DEPORT LOPEZ- SANCHEZ CLAIMAN TS hereby reallege and incorporate by reference each and every allegation above as if fully set forth in detail herein. At all times relevant herein, and/or officers, officials, agents and/or employees, and each of them, had a mandatory duty to af?rmatively detain and deport LOPEZ- SANCHEZ, a convicted felon. However, ICE and/or DHS failed to carry out their mandatory responsibilities by failing to obtain a judicial order or warrant for the detention and/or deportation of LOPEZ-SANCHEZ, or alternatively, failing to effectively and expeditiously take custody of LOPEZ-SANCHEZ upon his release. At all times relevant herein, ICE and/or DHS knew or should have known that the City and County of San Francisco was a ?Sanctuary City,? and would not notify ICE or DHS prior to the unsupervised release of LOPEZ-SANCHEZ. ICE and/or DHS further knew that LOPEZ- SANCHEZ had a long criminal history of felony drug offenses and deportations. It was reasonably foreseeable that an undocumented immigrant with a twenty-two year criminal record that consisted of seven felony offenses would continue to engage in criminal behaviors, including violent acts, once released ?'om custody. As a direct and legal result of the wrongful acts and omissions of ICE and/or DHS, KATE was shot and killed by LOPEZ-SANCHEZ. 10 As a direct and legal result of the wrongful acts and omissions of ICE and/or DHS, JAMES contemporaneously witnessed his daughter being shot and struggle for her life while in his arms, and consequently, suffered severe emotional distress. As a further direct and legal result of the aforementioned acts, CLAIMANTS suffered the damages as set forth below. II. FAILURE TO PROPERLY SECURE THE FIREARM CLAIMANTS hereby reallege and incorporate by reference each and every allegation contained above as if fully set forth in detail herein. BLM Rangers are under a mandatory duty to secure ?rearms in a lockable, hard-side, gun case that is pre?approved by the State Firearms Of?cer. Further, BLM Rangers have a mandatory duty to ensure that all ?rearms are unloaded at all times except when actually needed. The BLM Ranger breached these mandatory duties by leaving his government-issued .40 caliber SIG Sauer handgun in an unlocked and/or unsecure location in his unattended vehicle on or around June 27, 2015. The BLM Ranger also breached his mandatory duty by failing to store his .40 caliber SIG Sauer ?rearm in an unloaded state while it was not actually needed. As a direct and legal result of these wrongful acts and omissions of the BLM Ranger, an undocumented immigrant with a felony history was able to gain access to the BLM Ranger?s loaded ?rearm. Further, as a direct and legal result of these wrongful acts and omissions, an undocumented immigrant with a felony history used that government-issued ?rearm to shoot and kill KATE. As a further direct and legal result of these wrongful acts and omissions, JAMES contemporaneously witnessed his daughter being shot and struggle for life while in his arms and, based on the foregoing, suffered severe emotional distress. Based on the premises, CLAIMANTS suffered the damages set forth below. 11 DAMAGES I. SUM CERTAIN REQUIREMENT As a direct and legal result of the combined wrongful acts of ICE and BLM, and each of them, CLAIMANTS have suffered substantial economic and/or non-economic losses and damages as set forth herein, and seek to recover all amounts permissible under state or federal law upon proof to the satisfaction of the trier of fact in an amount not to exceed $25,000,000.00. II. CATEGORIES OF DAMAGE SOUGHT BY CLAIMAINTS CLAIMANTS seek the following categories of damages: As a further direct and legal result of the combined wrongful acts of ICE and BLM, and each of them, CLAIMANTS have incurred funeral expenses and burial expenses on behalf of KATE in an amount to be determined by the trier of fact. See Exhibit D. As a further direct and legal result of the combined wrong?rl acts of ICE and BLM, and" each of them, CLAIMANT ESTATE incurred medical expenses for care and treatment prior to death. The ESTATE seeks recovery of said expenses in an amount to be established by appropriate proof. As a further direct and legal result of the combined wrongful acts of ICE and BLM, and each of them, CLAIMANT JAMES has and/or will incur medical expenses for his care and treatment related to the death of KATE, in an amount to be determined by the trier of fact. As a further direct and legal result of the combined wrongful acts of ICE and BLM, and each of them, CLAIMANT JAMES has and/or will suffer extreme emotional distress including nervousness, grief, anxiety, worry, morti?cation, shock, indignity, apprehension, terror or ordeal in an amount to be determined by the trier of fact. As a further direct and legal result of the combined wrongful acts of ICE and BLM, and each of them, CLAIMANTS JAMES and LIZ have suffered, and will continue to suffer, the loss of love, society, solace, companionship, comfort, care, assistance, protection, affection, society, moral support of KATE in an amount to be determined by the trier of fact. 12 CLAIMAN TS hereby submit their claim for damages. Dated: September 1, 2015 By: I COTCHETT, MCCARTHY, LLP 13 FRAWITRE BRIAN M. SCHNARR A Hameys?ir Pfafmgf?i EXHIBIT A EXHIBIT A BIOGRAPHY OF KATE Kate was born in Pleasanton, California and graduated from Amador Valley High School in 2001. She was strong, outspoken and a free-spirit. She was also very close with her family, spending quality time with them regularly and always putting them ?rst. After graduating from California Polytechnic, San Luis Obispo with a bachelor?s degree in communication studies, Kate traveled to Europe, China, Japan, Africa and Dubai, where she lived for a short-time period as well. Through her travels, she was inspired by different cultures and people she came across. For Kate, traveling was not about sight-seeing. She loved to meet new people, know the cultures, and engross herself in the lives of others, especially those less fortunate. She also became a passionate advocate and strong supporter of the protection and preservation of wildlife and animals, best exempli?ed by her support of the Performing Animal Welfare Society, a non- pro?t organization that creates sanctuaries for abandoned or abused performing animals and victims of the exotic animal trade. After traveling, she settled down in San Francisco and pursued a thriving career in medical sales. She also volunteered on a regular basis with the Challenged Athletes Foundation a non-pro?t that works with athletes with physical challenges and supports their athletic endeavors by providing sports opportunities that lead to success in sports and life. As best said by the President of CAP, ?what always impressed me about Katie was how genuinely she engaged herself with challenged athletes, how genuinely interested she was in their life, their tragedy, and guided them on how best to deal with that.? As the aforementioned makes clear, Kate had a profound effect on every life she touched, commonly referred to as the ?Kate Effect.? EXHIBIT Department of the Interior Departmental Manual Effective Date: 10/4/00 Series: Law Enforcement and Security Part 446: Law Enforcement - Chapter 10: Firearms and Other Defensive Equipment Originating Office: Of?ce of Managing Risk and Public Safety 446 DM 10 10.1 Purpose. This chapter establishes uniform policy concerning the standardization and use of ?rearms and other defensive equipment by all employees of the Department of the Interior (Department) who are engaged in law enforcement duties. 10.2 Policy. All persons engaged in law enforcement activities shall be properly trained, armed and equipped. Law enforcement o?icers will responsibly and discriminater use ?rearms and other defensive equipment in the performance of their duties. Every law enforcement officer is accountable for his/her actions. 10.3 Guidelines. The following guidelines shall be adhered to: A. The Department shall establish the minimum standards for law enforcement equipment (see 446 DM 12). Equipment within each bureau/of?ce shall be standardized to the extent feasible, except where special purposes require deviations. Only Government-issued and/or bureau/office?approved ?rearms and other defensive equipment shall be carried or worn while on duty. Government-issued ?rearms and other defensive equipment may not be possessed or used by an unauthorized person. B. Each bureau/of?ce shall ensure that each law enforcement officer receives, at least, the minimum standard issue of law enforcement equipment (see 446 DM 12). Each bureau/of?ce shall establish necessary defensive equipment standards and specify the type of defensive equipment to be used by its law enforcement of?cers. C. Only the minimal force necessary to effect and maintain public order, protect human life or property, and/or arrest shall be used. (1) Except for legitimate wildlife management or training purposes, the discharge of a ?rearm, (the use of deadly force) is used only when necessary, that is, when the of?cer has an objectively reasonable belief, in light of the facts and circumstances con?'onting the officer, that the subject of such force poses an imminent danger of death or serious injury to the of?cer or to another person. (See 446 DM 20). (2) The ?ring of warning shots is not permitted. (See 446 DM 20). (3) Weapons may not be ?red solely to disable a vehicle. (See 446 DM 20). D. Each law enforcement of?cer shall report the loss of any ?rearm and/or other defensive equipment as soon as possible. Each law enforcement of?cer is responsible for ensuring the security of his/her assigned ?rearm and other defensive equipment while on or off duty. All defensive equipment should be afforded the same degree of security as the ?rearm. Any law enforcement of?cer who loses any equipment or issued property of any type through carelessness may be deemed guilty of negligence. 10.4 Authority to Carry Firearms. A. Authorizing Of?cial. In accordance with statutory authority and established guidelines, the Secretary of the Interior may authorize designated Departmental employees to carry ?rearms. For the ef?ciency of operations and maintenance of proper records, this authority to designate employees to carry ?rearms may be delegated to bureau/office heads or their designated representatives. B. Employees Permitted to Carry Firearms. Only Departmental law enforcement of?cers are authorized to carry ?rearms for law enforcement purposes. Law enforcement trainees without commissions may carry weapons only during authorized training exercises. Bureaus/of?ces may promulgate policy permitting employees who are not law enforcement of?cers to carry ?rearms for purposes other than law enforcement when ?rnctions or circumstances related to their of?cial duty necessitate such action. 10.5 Carrying Firearms. Law enforcement of?cers of the Department are authorized to carry ?rearms, in accordance with Federal and State laws, regulations, and policies of their bureau/office. No ?rearm other than Government-issued will be carried while on of?cial duty except upon written authorization from the bureau/of?ce head. Such authorization shall include the ?rearm serial number and a description of the handgun. The authorization will be recorded in the appropriate bureau/of?ce ?les pertaining to the of?cer to whom such authorization is given. Law enforcement of?cers must qualify with all ?rearms which they are authorized to cany. A. When performing law enforcement duties in uniform, law enforcement of?cers will carry ?rearms. B. It shall be Departmental policy to carry and/or transport ?rearms and other defensive equipment aboard aircra? in accordance with Federal Aviation Regulations. 10.6 Types of Firearms. A. Bureaus/of?ces will specify and standardize the type of ?rearms and ammunition to be used by law enforcement of?cers of that bureau/of?ce (see 446 DM 12). B. Bureau/office will establish supplemental guidelines covering automatic weapons, which shall be subject to the approval of the Director, Of?ce of Managing Risk and Public Safety (MRPS). C. Compliance with the speci?cations and competitive acquisition standards delineated in the Federal Acquisition Regulations (FAR Parts 6, IO and 1) will be adhered to in establishing ?rearms standards. D. The following standards are established for routine law enforcement services. Bureaus/of?ces may deviate from these standards when circumstances warrant use of other specialized equipment. Such deviations will be reported in writing to the Director, MRPS, and will be concurred with by the bureau/of?ce procurement of?cials. Handguns. For law enforcement purposes, each bureau/of?ce may issue or authorize the purchase or carrying of ?rearms conforming to bureau/of?ce speci?cations. No revolver or pistol chambered for ammunition of diameter less than .355 caliber is authorized. Authorized ?rearms will conform to bureau/of?ce speci?cations. (2) Shotguns. Riot type with ri?e sights, 12 gauge, 18-20 inch barrel, with twin slide bar. (3) Ri?es. The make, model, and caliber to be determined according to the needs of the bureau/o?ice and approved by the bureau/of?ce head. (4) Ammunition. Handgun/Ri?e - only new, commercially manufactured cartridges will be used for quali?cation and duty use. The bullet weight and style will be at the discretion of the bureaulo?ice according to need. Shotgun - No smaller than number 4 buckshot or ri?ed slug. Only new, commercially manufactured cartridges will be used for quali?cation and duty use. 10.7 Required Quali?cations. A. Pro?ciency Training. Prior to initial pro?ciency certi?cation by a quali?ed instructor (see paragraph below), all Departmental employees authorized to cany ?rearms and other defensive equipment will be required to receive a minimum of 4 hours classroom training in safety, handling or ?ring. The training also includes the legal and moral aspects of the use of all types of ?rearms and other defensive equipment which they will be authorized to carry. This training shall be relevant to the employee's assignment. Evidence of this training shall be documented by a quali?ed instructor who is certi?ed to instruct others on the proper use of the types of ?rearms and/or defensive equipment which will be carried by the employee. B. Quali?cations. All law enforcement of?cers authorized to cany ?rearms shall quality at least semiannually, participating in an approved course of ?re, with any and all Departmental-issued and/or approved personally-owned ?rearms, carried with the concurrence of the bureau/of?ce. Departmental law enforcement of?cers must attain a score of 70 percent or more with each ?rearm they are authorized to carry. (1) Minimum Qualifying Score. All bureaus/of?ces will require a score of 70 percent or more as the basic score for certi?cation as pro?cient in the use of ?rearms. A score of less than 70 percent shall be considered unsatisfactory for purposes of the required semiannual ?rearms quali?cation. All ?rearms quali?cations shall be conducted and documented by a quali?ed ?rearm instructor. The documentation shall be recorded in the employee's training records. Any person who fails to qualify with his/her primary handgun which he/she has been issued or authorized to carry may not perform any law enforcement duties which may require the carrying of a ?rearm. Any person who fails to quality with any other ?rearm ri?e, shotgun, or any special ?rearm) may not perform law enforcement duties which require the carrying of that ?rearm and may not continue to carry that ?rearm until he/she is able to qualify and meet the minimum standards. (2) Firearms Instructors. All ?rearms training shall be conducted and supervised by quali?ed ?rearms instructors. Firearms instructors, so designated by bureaus/of?ces within the Department, will be trained and certi?ed according to standards established and approved by the Federal Law Enforcement Training Center (FLETC) or the Federal Bureau of Investigation (FBI). However, if no instructors with these certi?cations are available, an instructor certi?ed by the State in which the ?rearms training is being conducted may supervise the employee's participation in a course of ?rearms approved by the Director, MRPS. Courses and training presented by other Federal agencies may be substituted, pending the approval of the Director, MRPS. 10.8 Actions to be Taken When Firearms Are Discharged. The following guidelines shall be followed whenever a law enforcement of?cer discharges a ?rearm, except during firearm training or legitimate wildlife management: A. Each law enforcement of?cer who discharges his/her ?rearm will report the incident to his/her supervisor as soon as possible. A ?rearm may be discharged only as a last resort and when, in the considered Opinion of the of?cer, there is imminent danger of death or serious injury to the law enforcement of?cer or to another person. B. Upon noti?cation that a ?rearm has been discharged, without injury to any person, a law enforcement supervisor will investigate the incident and submit a written report of his/her ?ndings and recommendations, through appropriate channels, to the Senior Law Enforcement Of?cial. C. A report of the discharge of a ?rearm by an employee at an individual will follow prescribed procedures for Serious Incident Reporting (see 446 DM 17). D. Upon noti?cation that a law enforcement of?cer has caused injury or death with a ?rearm, the person with designated responsibility will place the of?cer on administrative leave or assign the of?cer to administrative or non-law enforcement duties, pending a thorough investigation of all circumstances surrounding the incident by the appropriate law enforcement o?icial, as determined by each bureau/of?ce. A report of the investigation will be forwarded to the bureau/of?ce Senior Law Enforcement Official, who will determine what action will be taken and forward his/her recommendations to the bureaulo?ice head. A report of the incident will follow prescribed procedures for Serious Incident Reporting (see 446 DM 17). E. Where the incident involves injury or death to a person, the bureau/of?ce Senior Law Enforcement Of?cial will through appropriate channels, notify the Director, MRPS. F. Each bureau/office will establish procedures to provide a law enforcement officer who has been involved in any signi?cant traumatic incident with counseling to assist the of?cer with possible after effects of the incident. 10.9 Use of Defensive Weapons. Defensive weapons may be used to gain control of an individual or group of individuals, or to effect an arrest, or to ensure the protection of the public, the law enforcement of?cer, and/or any arrestee. For the purpose of this chapter, the term "use" as applied to a ?rearm or any defensive equipment means the display, pointing or discharging at an individual. Bureaus/of?ces shall develop defensive weapons guidelines to ensure that law enforcement of?cers are properly trained and certi?ed in the use of the defensive weapons they are authorized to carry. If the use of the defensive weapon results in serious injury or death, a report of the circumstances of the incident will follow prescribed procedures for Serious Incident Reporting (see 446 DM 17). 10.10 Use of Chemical Agents. ChemiCal agents should be used only when, in the Opinion of the person using them, it is necessary to gain control of an individual or group of individuals or to effect an arrest; or to ensure the protection of the public or law enforcement or any arrestee(s); or to apprehend dangerous violators of the law or persons who present a danger to themselves or others. Care should be taken to afford ?rst aid to any person upon whom chemical agents have been used. Circumstances surrounding the use of a chemical agent should be reported to the law enforcement of?cer's supervisor as soon as possible. If the use of the chemical agent results in serious injury or death, a report of the circumstances of the incident will follow prescribed procedures for Serious Incident Reporting. Chemical agents should be replaced every 4 years or as recommended by the manufacturer. Disposal of the chemical agents shall be in accordance with prescribed environmental procedures. 10.11 Actions to be Taken When Force is Used. A. Only the minimal force necessary to e?'ect and maintain public order, protect human life or property, and/or arrest shall be used. - B. It will be the responsibility of each law enforcement o?icer to report to his/her supervisor, as soon as possible, the use of force against a person. C. The supervisor shall investigate the occurrence and forward through channels a written report, including recommendations, to the buteaulo?ice Senior Law Enforcement Of?cial. D. If the use of the force results in serious injury or death, a report of the circumstances of the incident will follow prescribed procedures for Serious Incident Reporting (see 446 DM 17). E. Whenever the use of force results in serious injury or death, the of?cer involved shall be immediately placed on administrative leave or assigned to non-law enforcement duty. 10.12 Inspection of Firearms and other Defensive Weapons. All ?rearms and other defensive equipment shall be inspected on a yearly basis and, more frequently, if required, to ensure that all items are serviceable and being properly maintained. All government-issued ?rearms and other defensive equipment found to be in need of repair will be immediately replaced. Each bureau/of?ce will establish written procedures and guidelines for the inspection and servicing of ?rearms and other defensive equipment, including, at least, an annual inspection. The appropriate records shall be maintained. 10.13 Boards of Inquiry. A. Each bureau/of?ce will establish a Board of Inquiry to review incidents concerning: (1) The discharge of a ?rearm by a law enforcement of?cer at another individual, (2) The use of force by a law enforcement of?cer that results in the death or serious injury of another individual, (3) Any incident that results in the death or serious injury of a law enforcement o?icer, or (4) Any incident deemed appropriate for review by the Law Enforcement Administrator. B. Each bureau/of?ce shall ensure that the Board of Inquiry is authorized as the proper authority to complete the board's mission. The Board of Inquiry shall analyze all factors relating to the incident and shall prepare a report of its review and ?ndings that will provide an analysis of the incident, any conclusions derived ?'om the facts presented, suggest corrective actions, or make recommendations in an attempt to prevent the recurrence of a similar incident or improve the handling of ?ltqu incidents. 10/4/00 #3335 Replaces 9/21/93 #446-1 EXHIBIT Safety and Health for Field Operations 9 mama KIT 1 BLM Manual Handbook 1112-2 U.S. Department of the Interior Bureau of Land Management Safety and Heallh for ieid Operations . - - ,521?! ?Jim - TOPIC 17 FIREARMS SAFETY BLM Manual 1T5 Supersedes Rel.1?161E H15.ng H-1112-2 Safety and Healthier Field Operations ELM Manual Ram-1657 176 Supersedes Rel. 1-1618 1:15:93 H-1 1 12-2 Safety_and Health for Field Operations 17.1 References A. BLM Manual 9261 .23H. B. State and Local Laws. 17.2 Procedures. State Directors may authorize non-law enforcement personnel to carry ?rearms when functions or circumstances related to their of?cial duties necessi- tate such permission. Use of ?rearms by BLM personnel. while on of?cial business, will be limited to those individuals who have been authorized by the State Director and have successfully completed a ?rearms safety course. Authorizations will be in writing and training documented. See Illustration 17-1 for an example of a request to carry and use ?rearms and training documentation. A. Expiration of Firearms Authorization. The authorization to carry a ?rearm shall expirethe calendar year; or Upon completion of the project; or If there is a change of duty station, status, or transfer; or Upon failure to demonstrate shooting pro?ciency as required; or If rescinded for any other reason. B. Shooting Pro?ciency of Seasonal or Part Time Non-Law Enforcement Employees, or Full Time Employees That Have Occasional Need to Carry Firearms. Seasonal or part time non-law enforce- ment employees, or full time employees that have only an occasional need to carry ?rearms. are required to demonstrate pro?ciency once at the BLM Manual Supersedes Rel. 1-1618 Rem-165? 177 1I15IQB 17.3 17.4 Safety and Health for Field Operations commencement of each term of employment period or the beginning of each ?eld period requiring the use of ?rearms. Equipment. The Bureau will only issue 12-gauge pump shotguns and solid slug ammunition for animal protec- tion. Employees wishing to use their personal ?rearms must meet the minimum caliber and power requirements (30-06 or equivalent for ri?es; 44 magnum or greater for sidearms). and complete the course of ?re and a safety check of these ?rearms by an approved instructor. No reloads allowed. Firearms Certi?cation for Non-Law Enforcement Personnel. Only those non-law enforcement persons who are competent and quali?ed marksmen and have completed a ?rearms training program may be autho- rized to use or carry firearms. Such a course must consist of at least 4 hours of classroom time culminating in a prescribed shooting regimen at a ?ring range. The instructor administering the ?ring range component will be a certi?ed Federal Law Enforcement Training Center graduate, Federal Bureau of Investigation of?cer, or a National Ri?e Association Instructor. A. Contents of Classroom Component of Firearms Training Course. A ?rearms training course. classroom component, shall consist of the following subject matters. 1. Basic ?rearms safety review. 2. Legal and moral aspects of ?rearms use. 3. Animal behavior (optional). B. Shooting Pro?ciency Component. This portion of the Firearms Training Course will take place on the ?ring range under the control of an authorized instructor. The target for animal protection will be 8 112? by 11" in size and will be placed a distance of BLM Manual Supersedes Rel. 1-1618 Rem-1657 178 mares H-1112-2 Safety and Health for Field Operations 15 yards from the ?ring line. Pro?ciency will require that 70 percent of the shots be on the target and that all sequences of shots be ?red within the allowable time of 25 seconds. Each sequence will be done twice. Pro?ciency will also require the shooter to demonstrate proper safe handling of the ?rearm(s). 1. Pump and semi-automatic shotguns: two sequences of ?re consisting of magazine capacity for the shotgun, plus one Remington 870, 4 rounds in magazine, plus 1) a. The shooter will start with a full magazine and empty chamber. The weapon will have the action closed and the safety on. b. 0n the command to ?re, the shooter will be required to ?re the rounds in the magazine, then reload and ?re one additional round. Upon completion, the shooter will open the action and ensure the safety is on. The time limit will be 25 seconds. Repeat. 2. Double-barrel shotguns: two sequences of ?re consisting of 4 rounds per sequence. a. Shooter will start with the shotgun fully loaded and the safety on. b. 0n the command to ?re, the shooter will be required to ?re the two rounds of ammunition in the ?rearm, then lead and ?re two additional rounds. Upon completion. the shooter will open the action and ensure the safety is on. The time limit will be 25 seconds. Repeat. 3. Ri?es: two sequences of ?re consisting of magazine capacity for the ri?e, plus one round (Le, a bolt action ri?e with magazine capacity of three rounds. The course will be four rounds for each sequence). BLM Manual Rel.1-1657 179 Supersedes Rel. 1-1618 111588 H-t?l12?2 Safety and Health for Field Operations a. The shooter will start with the magazine fully loaded. The action will be closed on an empty chamber and the safety on. b. On command to ?re. the shooter will fire the rounds in the magazine. then reload and ?re one additional round. Upon completion. the shooter will open the action and ensure the safety is on. The time limit will be 25 seconds. Repeat. 4. Handguns: two sequences of ?re. each consist- ing of cylinderlmagazine capacity for the handgun. a. The shooter will start with a fully loaded handgun. b. 0n the command to ?re. the shooter will fire all rounds contained in the cylinder/magazine. Upon completion. the shooter will open the cylinder/slide and ensure the handgun is unloaded. The time limit will be 25 seconds. Repeat. 17.5 Use of Firearms. Bureau employees must observe all Federal. State, and local laws in regard to the licensing. use. transportation, etc., of ?rearms and ammunition. Bureau employees are prohibited at all times from using Government-owned vehicles or equipment for the express or incidental purpose of hunting. shooting. or transporting of game. hunters. ?rearms, or ammunition. Violators are subject to disciplinary action and/or prosecution under the law. A. Firearms in Camp. The use of ?rearms is prohibited in camp areas or during working hours by non-law enforcement personnel except when required for safety of personnel or if in the best interest of the Bureau. BLM Manual Rel.1-1657 180 Supersedes Rel. 1-1618 1115i98 l-l-1112-2 Safety and Health for Field Operations B. Taking Game in Defense of Life or Property. As a job requirement, ?rearms may be carried in work areas and used if necessary for the protection of work parties from dangerous animals. The necessity of taking game animals must not be brought about by harassment or provocation of the animal or the unreasonable invasion of the animal?s habitat. C. If Bureau employees are speci?cally requested by local of?cials to carry ?rearms to help curb an epidemic of rabid animals; for reduction of undesir? able. crippled. or infected animals; or other autho- rized reasons such as cone harvesting, the appropriate caliber and purpose must be expressed in the letter of authorization. 1. Game animals taken may become property of the state. Different parts of the animal may have to be provided to the state for administrative reasons. This may have to be done in required timeframes. Bureau personnel should check local regulations prior to carrying a firearm. 17.6 Firearms and Ammunition Storage. All ?rearms, when not in active use, shall be stored in a secure place. out of sight, under lock and key. Firearms will be unloaded prior to storage. BLM Manual Rel.1-1657 181 Supersedes Rel. 1-1618 1l15I98 H-1112-2 Safey and Health for Field Operations Illustration 17-1 UPITED STATES DEPARTIIEHT OF THE mama anamormmumalem munch HEOUESTTO AND USE mum: mam su: Dfn?u Una m: mm mm: cum macaw New Emilia: "mama! Wm: mm Dill Wm: Dale WW From To mm ELM Manual Rel.1-1657 182 Supersedes Rel. 1-1618 1115538 H-1112-2 Safety and Health for Field Operations Illustration 17-1 (cont) MM. WSW on. on Duh Occur: MW on. cam mm Dill Vermouth.? WM com: Hummiomdc Bum?W? Duo?m 6mm: human! Benny-01m: m?umm Date Shootingm quumw__ Duo mum 911szme cm Joli-bath! thinner at. or tag? I town sounding".th "Om-5? Muriel?. u" .chm am ??u-bluntin?d?h hm Mammalian. if BLM Manual Rem-1657 183 Supersedes Rel. 1-1618 M5198 Safey and Health for Field Operations ELM Manual SUpersedes Rel. 1-161 3 Rem-1657 ?1593 El EXHIBIT GRAHAM - HITCH MORTUARY 4167 First Street Pleasanton, CA 94566 (925)846-5624 July 17, 2015 Mr. James Reeder Steinle 1389 Vailwood Court Pleasanton, CA 94566 The Funeral Service for Michelle Steinle We sincerely appreciate the con?dence you have placed in us and will continue to assist you in every way we can. Please feel ?ee to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OF THE SERVICES. FACILITIES. AUTOMOTIVE EQUIPMENT . AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. Special Charges Direct Cremation 1,595.00 Total Special Charges 1,595.00 Merchandise Alternative Container 100.00 Total Me rcha ndiae Selected 100.00 AT THE TIME FUNERAL ARRANGEMENTS WERE MADE, WE ADVANCED CERTAIN PAYMENTS TO OTHERS AS AN ACCOMMODATION. THE FOLLOWING IS AN ACCOUNTING FOR THOSE CHARGES. Cash Advances Certi?ed Death Certificates 210.00 DCA fee 8.50 Total Cash Advances 218.50 Total Sales Tax 9.50 Total Contract 1,923.00 0711 W15 Payment 1,923.50 07117405 Overpayment Re?rnd -0.50 TOTAL AMOUNT our: The unpaid balance over I days is subjected to a I service charge per month - 12 per annum. Page: 1 of 1 PA- ATTACHMENT 3 BlueCross BlueShield Minnesota PO. Box 64530 St. Paul. MN 55184-0560 STEINLE Explanation of Health Care Benefits PAGE 000]. OF 0 ms slim tangentsooSE based on your plan bene?ts in etteot when the service was patterned. Please keep this term for your tax records. 1 0 See reverse side tor Complaint/Appeal. Fraud and important information. Easily find a provider, see your claims. your plan, health frograms and wellness info all in one place. sit the myBlueCroes online member center. Sign in at 570 BEBLE ST APT 4-02 SAN FRANCISCO CA 94105-2024 Year to Date Deduetlhle 500 .00 NO LOCAL NBR ORTOLLFFIEE 1-886-332-7360 Grou [Polio Date Date Patient in 2. 3' Renew? Pumas? Claim Number x28777372 HEDTRONIC INC ONDTOBOFI 07/13/15 07/17/15 5196414207000 SuhsorihorIMemtterNamo STEINLE PationtName STEINLE Provider SFGH NED GRPDEPT OF ANESTHESIA Patient Oonu'ol Number 51900 0294! 3 HO Dates oi Service Fm? lm'm Fr9-!" ImmDescription Charm 4,395.00 Provider Responsibility Amount Allowed Amount 4 395 00 Amount Paid By Other Insurance Deductiblenmount 500 . OD copayAntount Coineuranoe Amount 7 7 9 . 3'1l6.00 Patient Nonoovered Amount AmountYoque 1 279.00 Notes") 1 Tomlcnarges 1 nenweomc BRA PLAN PARTICIPANTS: 47395-00. THE TOTAL AMOUNT IOU ONE NILL BE DEDUCTED FROM YOUR NRA BALANCE. PROVIDED THE EXPENSES MEET THE TERMS AND CONDITIONS TotatBenetltAmuunt OF THE PLAN. IF YOUR ERA BALANCE IS YOU ARE RESPONSIBLE FOR PAYING THE PROVIDER WHEN BILLED. 3,116.00 Total Amount Paid by Other insurance 0 . Total Amount You Owe 1;279.00 Are you up to date with your preventive care? Many piano cover preventive services that will not result in a cost when you use an in neton provider. Preventive care can include cheek-ups. screenings. and For more information. go to: hoop- Hume Mama-neon" ?unmouolmnlon ll?lnmontlumr- . BIueCross BlueShield Minnesota eta-maede woe-Ila! P.O. Belt 84880 St. Paul. MN 55184-0580 STEINLE Explanation of Health Care Benefits PAGE 0001 OF 000 01 THIS IS NOT A BILL. This In an explanatiogMe 2 based on your plan beneiite in silent when the service was performed. Please keep this term for your tax records. See reverse side for Complaint/Appeal. Fraud and other Important Information. 1. 51 Easily find a provider. see your claims, your plan. health grograms and wellness info all in one place. sit the myBlueCroes online member center. Sign in at 570 BEALE ST APT 402 SAN FRANCISCO CA 94105-2024 Year to Date Deduotlbie 500.00 WW N0 LOCAL NBR ORTOLL FREE 1-088-832-7360 Grov [Poll Date Bate Patient in 6! Received 9mm? Claim Number mew-7372 HEDTRONIC INC 03/10/15 07/17/15 5196421151000 STEINLE PattentName STEINLE Provider SAN FRANCISCO FIRE DEPART Patientcontrotliumher Dates of Service Fm? I?m? "931 70' AHBIJLANCE 2,044.00 Provider Amount Allowed Amount 2 . 044 00 Amount Paid By Other Insurance Deductible Amount Copaynmount I Am oneuranoe ount 408.80 ?id?m?m' 1.635.20 Patient "uncovered Amount mount You We NotesiD 1 Notes - . Towel-large: 1 NEDTRONIC nan PLAN PARTICIPANTS: 2.044-00 THE TOTAL AMOUNT YOU OWE BE DEDUCTED YOIIR ERA BALANCE, PROVIDED THE EXPENSES HEBT TI-IE TERNS AND CONDITIONS TotaiaenetltAmount OF THE PLAN. 1? YOUR NRA BALANCE IS ZERO. YOU ARE RESPONSIBLE .POR PAYING THE PROVIDER WHEN BILLED. Total Amount Patti by Other insurance I 0 . 00 Total Amount You Owe 408.80 Are you up to date with your preventive care? Many plans cover preventive services that will not result In a cost when you use an In network provider. Preventive care can Include cheek-ups. screenings. and immunizations. For more information. go to: I ram-1n bingo-nous-- -.- Mann Ine- Ian I I0 (unconnohemaadn