17 Pleading - Notice of Filing of Proof of Service of Process - KC-Bryan_070409
David F. Jadwin v. Kern County: 1:07-cv-26 in the United Stated District Court for the Eastern District of California, Fresno Division before Judge Oliver W. Wanger. This was a 2009 federal employment lawsuit that went to a bench and jury trial resulting in a unanimous verdict and significant judgment for the plaintiff employee. Issues involved violations of medical leave and disability discrimination laws, as well as 42 U.S.C. 1983 procedural due process violation. Plaintiff was represented by Eugene Lee, a Los Angeles, California employment lawyer.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF EUGENE LEE Eugene D. Lee (SB#: 236812) 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: elee@LOEL.com Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN; PETER BRYAN (both individually and in his former official capacity as Chief Executive Officer Of Kern Medical Center); IRWIN HARRIS, M.D; EUGENE KERCHER, M.D. (both individually and in his official capacity as a President of Medical Staff of Kern Medical Center); JENNIFER ABRAHAM, M.D. (both individually and in her official capacity as Immediate Past President of Medical Staff at Kern Medical Center); SCOTT RAGLAND, M.D. (both individually and in his official capacity as President-Elect of Medical Staff of Kern Medical Center); TONI SMITH, (both individually and in her official capacity as Chief Nurse Executive of Kern Medical Center); WILLIAM ROY, M.D.; and DOES 1 through 10, inclusive. Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that Plaintiff DAVID F. JADWIN, D.O. is hereby filing his Notice of Filing of Proof of Service of Summons and Complaint on Defendants COUNTY OF KERN and Mr. PETER BRYAN in this action. NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 1 Civil Action No. 1:07-cv-00026 OWW TAG NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPECTFULLY SUBMITTED on April 9, 2007. /s/ Eugene D. Lee LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: elee@LOEL.com Attorney for Plaintiff DAVID F. JADWIN, D.O. NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 2 FROM (MON)APR 92007 11:30/ST.ll:29/No.7500000309 P 3 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: 1:07CV000260WWLJO JADWIN Plaintjff(s) v. ABRAHAM Defendant(s) PROOF OF SERVICE SUMMONS AND COMPLAINT (Use separate proof of selVice for each penon/party served) 1. At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents): a. 0 00 summons 00 complaint 0 alias summons o second amended complaint o third amended complaint 0 first ammended complaint other (specify): Summons in a Civil Case; First Amended Complaint; Order Setting Mandatory Scheduling Conference; Standing Order in all Civil Case Assigned to U.S. District JUdge Oliver W. Wanger; Standing Order in all Civil Case Assigned to U.S. District Judge Lawrence J. O'Neill; VDR Form 2. Person served: a. b. c. lID Defendant (name:) DENISE PENNELL, CLERK OF THE BOARD OF SUPERVISORS, KERN COUNTY 0 Other (specify name and title or relationship to the party/business named): lID Address where the papers were served: 1115 TRUXTON AVENUE BAKERSFIELD, CA 93301 3. Manner of Service in compliance with (the appropriate box must be checked): a. b. 4. I served the person named in Item 2: a. lID Federal Rules of Civil Procedure 0 California Code of Civil Procedure If the person is a minor, by leaving copies with a parent, guardian, conservator or similar fiduciary and to the minor if at least twelve (12) years of age. Papers were served on (date): 0311212007 at (time): 11:49 am lID By Personal Service. By personally delivering copies. 1. lID b. 0 1. 2. 3. 4. 5. 6. By Substituted Service. By leaving copies: 0 0 0 0 0 0 (home) at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household, at least 18 years of age, who was informed of the general nature of the papers. (business) or a person apparently in charge of the office, or place of business, at least 18 years of age, who was informed of the general nature of the papers. Papers were served on (date): at (time): by mailing (by first-class mail, postage prepaid) copies to the person served in Item 2(b) at the place where the copies were left in Item 2(c). papers were mailed on (date): due diligence. I made at least three (3) attempts to personally serve the defendant. PROOF OF SERVICE - SUMMONS ANO COMPLAINT CV·1 (04/01) PAGE 1 CV·11LA23811D FROM (MON)APR 92007 11:31/ST.ll:29/No.7500000309 P 4 c. 0 Mail and acknowledgment of service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, with two (2) copies of the form of Waiver of Service of Summons and Complaint and a return envelope, postage prepaid addressed to the sender. (Attach completed Waiver of Service of summons and Complaint). Service on domestic corporation, unincorporated association (including partnership), or public entity. (F.R.Civ.P.4(h» (C.C.P.416.10) By delivering, during usual business hours, a copy of the summons and complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute and the statute so requires, by also mailing, by first-class mail, postage prepaid, a copy to the defendant. Substituted service on domestic corporation, unincorporated association (including partnership), or public entity. (C.C.P. 415.20 only) By leaving during usual business hours, a copy of the summons and complaint in the office of the person served with the person who apparently was in charge and thereafter by mailing (by first-class mail, postage prepaid) copies of the persons at the place where the copies were left in full complianc~ wnh C,C.P. 415.20 Substitute service upon the California Secretary of State requires a court order. (AttaCh a copy of the order to this Proof of Service.) Service on a foreign corporation. In any manner prescribed for individuals by FRCP 4(f) Certified or registered mail service. By mailing to an address outside Califomia (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (Attach signed return receipt or other evidence of actual receipt by the person served). Other (specify code section and type of service): d. 0 0 e. 0 g. 0 f. h. 0 0 5. Service upon the United States, and Its Agencies, Corporations or Officers. a. by delivering a copy of the summons and complaint to the clerical employee designated by the U.S. Attorney authorized to accept service, pursuant to the procedures for the Office of the U.S. Attorney for acceptance of service, or by sending a copy of the summons and complaint by registered or certified mail addressed to the civil procecss clerk at the U.S. Attorneys Office. Name of person served: Title of person served: Date and time of service: (date): b. c. at (time): 0 0 By sending a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States at Washington. D.C. (Attach signed return receipt or other evidence of actual receipt by the person served). By sending a copy of the summons and complaint by registered or certified mail to the officer, agency or corporation (Attach signed return receipt or other evidence of actual receipt by the person served). 6. At the time of service I was at least 18 years of age and not a party to this action. 7. Person serving (name. address and telephone number): Vincent J. Staley Janney & Janney Attorney Service, Inc. 1545 Wilshire Blvd., Ste 311 Los Angeles, CA 90017 (213) 628-6338 a. Fee for service: $ 75.00 b. c. JU 8. 0 Not a registered Califomia process server 0 Exempt from registration under B&P 22350(b) d. 00 Registered Califomia process server Registration # :311 0 I am a California sheriff, marshal, or constable and I certify that the foregoing is true and correct. I declare under penalty of perjury that the foregoing is true and correct. Date: March 15, 2007 Vincent J. Staley Type or Print Server's Name PROOF OF SERVICE· SUMMONS AND COMPLAINT cv·, (04101) PAGE 2 LA238110 POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Eugene D. Lee (SBN 236812) Law Office of Eugene Lee 555 W 5th St Ste 3100 Los Angeles, CA 90013 TELEPHONE NO.: E–MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF XXXXXXXXXXXXXXXXXXXXXXXXXXX US District Court - EDCA STREET ADDRESS: 2500 Tulare St MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO. (Optional): 213-596-0487 213-992-3299 elee@LOEL.com Plaintiff DAVID F. JADWIN, DO To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. Fresno 93721 Eastern District of California PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: DAVID F. JADWIN, DO COUNTY OF KERN, et al. CASE NUMBER: 1:07-cv-26-oww-tag Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. 2. At the time of service I was at least 18 years of age and not a party to this action. I served copies of: a. b. c. d. e. f. 3. summons complaint Alternative Dispute Resolution (ADR) package Civil Case Cover Sheet (served in complex cases only) cross-complaint other (specify documents): 100011.001 See Attachment 2.f. a. Party served (specify name of party as shown on documents served): PETER K. BRYAN b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. 5. a. b. I served the party (check proper box) by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) (2) (3) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date): from (city): or a declaration of mailing is attached. I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 6424 S. Abilene St., Englewood, CO 80111-2428 Address where the party was served: (4) (5) Form Adopted for Mandatory Use Judicial Council of California POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10 American LegalNet, Inc. www.FormsWorkflow.com PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: DAVID F. JADWIN, DO COUNTY OF KERN, et al. CASE NUMBER: 1:07-cv-26-oww-tag 5. c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (3) (4) March 8, 2007 (2) from (city): Los Angeles, CA with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: as an individual defendant. a. b. as the person sued under the fictitious name of (specify): c. as occupant. d. On behalf of (specify): under the following Code of Civil Procedure section: 416.10 (corporation) 416.20 (defunct corporation) 416.30 (joint stock company/association) 416.40 (association or partnership) 416.50 (public entity) 7. Person who served papers a. Name: Eugene D. Lee b. Address: 555 W 5th St c. Telephone number: d. e. I am: (1) (2) (3) not a registered California process server. exempt from registration under Business and Professions Code section 22350(b). a registered California process server: (i) owner employee independent contractor. (ii) Registration No.: (iii) County: 415.95 (business organization, form unknown) 416.60 (minor) 416.70 (ward or conservatee) 416.90 (authorized person) 415.46 (occupant) other: Ste 3100 Los Angeles CA 90013 213-992-3299 The fee for service was: $ 0 8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. Date: I am a California sheriff or marshal and I certify that the foregoing is true and correct. March 8, 2007 (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE ) Eugene D. Lee POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS For your protection and privacy, please press the Clear This Form button after you have printed the form. Page 2 of 2 Print This Form Clear This Form To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. MC-025 SHORT TITLE: JADWIN v. COUNTY OF KERN et al. CASE NUMBER: 1:07-cv-26-oww-tag Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ( ( ( ( 2.f. ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) 1 of 1 (Add pages as required) SUMMONS, COMPLAINT, FIRST AMENDED COMPLAINT & EXHIBITS, ORDER SETTING MANDATORY SCHEDULING CONFERENCE, STANDING ORDER IN ALL CIVIL CASES ASSIGNED TO JUDGE WANGER, STANDING ORDER IN ALL CIVIL CASES ASSIGNED TO MAGISTRATE JUDGE O'NEILL, DECLINATION OF JURISDICTION OF US MAGISTRATE JUDGE,VOLUNTARY DISPUTE RESOLUTION PROGRAM FORMS, DECLINATION FORM. Short Title: Docket No. NOTICE OF APPEARANCE Appearance for (provide name of party): Status of Party: ( ) Appellant/Petitioner ( ) Appellee/Respondent ( ) Cross-Appellant/Cross-Petitioner ( ) Other (Specify): ( ) An attorney will argue this appeal. < < < ( ( ( ) Cross-Appellee/Cross Respondent ) Intervenor ) Amicus Curiae Name of attorney who will argue appeal, if other than counsel of record: Date of arguing attorney’s admission to this Court (month, day, year): Other Federal/State Bar admissions: (month, day, year): ) I am a pro se litigant who is not an attorney. ) I am an incarcerated pro se litigant. ) ) TIME REQUEST Oral argument is not desired. Oral argument is desired. Party requests minutes or multi-co-parties request a total of minutes to be apportioned as follows: If more than 20 minutes per side is requested, set forth reasons: AVAILABILITY OF COUNSEL/PRO SE LITIGANT 16 17 18 19 20 21 22 23 24 I understand that the person who will argue the appeal must be ready at any time during or after the week of argument which appears on the scheduling order. ( ( ) ) I know of no dates which would be inconvenient. I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have included religious holidays. COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON UNAVAILABILITY. RELATED CASES ( ( ( ) ) ) This case has not been before this Court previously. This case has been before this Court previously. The short title, docket number and citation are: Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers and citations are: Signature of counsel of record or pro se litigant: 25 26 27 Type or Print Name Name of Firm: Signature of counsel who will argue the appeal, if different: Type or Print Name (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under Address: penalty of perjury.) Telephone: Date: Telephone: Date: Cal. Rules of Court, rule 982 American LegalNet, Inc. www.USCourtForms.com Form Approved for Optional Use Judicial Council of California MC-025 [New July 1, 2002] ATTACHMENT July 2000 to Judicial Council Form press the Clear For your protection and privacy, please This Form button after you have printed the form. Print This Form Clear This Form • Comple item 4 i1 "tl:;UlvLt:lU LJt:lIIYt:lIY I:; U=lIt:1U. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: D. Is delivety address different from item 17 0 es If YES, enter delivery address below: ~ No Peter K. Bryan 6424 S Abilene St Englewood, CO 80111-2428 3. Type lfIad Mall [:J Reglstered [:J Insured Mail 0 Express Mall [:J Return Receipt for MerchandlS' [:J C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label) [:J Yes 7006 0810 0002 9161 7958 Domestic Return Receipt 102595-0 PS Form 3811, February 2004 1 2 3 4 5 CERTIFICATE OF SERVICE I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party to the action described herein. I am employed in the County of Los Angeles, California. My business address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA 90013. I served the following: NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 3 on the following parties in this action and/or their attorneys, who are not registered participants of the CM/ECF System, addressed as follows: Mark Wasser Law Office of Mark Wasser 400 Capitol Mall Ste 1100 Sacramento, CA 95814 BY UNITED STATES MAIL: I enclosed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, addressed to the person(s) listed above, and deposited the sealed envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY FACSIMILE: I transmitted via facsimile the document(s) listed above to the fax number(s) set forth above on this date at approximately 4:00 p.m. The outgoing facsimile machine telephone number in this office is (213) 596-0487. The facsimile service used in this office creates a transmission report for each outgoing facsimile transmitted. A copy of the transmission report(s) for the service of this document, properly issued by the facsimile service that transmitted this document and showing that such transmission was (transmissions were) completed without error, is attached hereto. FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I took said actions at the direction of a licensed attorney authorized to practice before this Federal Court. Executed on April 9, 2007, at Los Angeles, California. __________________________________ Eugene D. Lee