22 Pleading - Notice of Filing of POS - 6 KMC Defs - REFILED

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22 Pleading - Notice of Filing of POS - 6 KMC Defs - REFILED Powered By Docstoc
					Case 1:07-cv-00026-OWW-TAG

Document 22

Filed 04/16/2007

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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; et al. 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 Civil Action No. 1:07-cv-00026 OWW TAG NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT

16 Proof of Service of Summons and Complaint on Defendants IRWIN HARRIS, M.D; EUGENE 17 KERCHER, M.D.; JENNIFER ABRAHAM, M.D.; SCOTT RAGLAND, M.D.; TONI SMITH; and 18 WILLIAM ROY, M.D.in this action. 19 20 RESPECTFULLY SUBMITTED on April 16, 2007. 21 22 23 24 25 26 27 28
NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 1

/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.

Case 1:07-cv-00026-OWW-TAG
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):

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FOR COURT USE ONLY

POS-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

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

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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):

Eugene Kercher, Irwin Harris, Scott Ragland, Jennifer Abraham, William Roy, Toni Smith
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.
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Law Office of Mark Wasser, 400 Capitol Mall Ste 1100, Sacramento, CA 95814

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

Case 1:07-cv-00026-OWW-TAG
PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT:

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CASE NUMBER:

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DAVID F. JADWIN, DO
COUNTY OF KERN, et al.

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) (2) from (city):

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):

Acceptance of service by Mark Wasser, counsel for all Defendants, on and as of April 6, 2007, as reflected in attached stipulation.
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.

April 16, 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
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Case 1:07-cv-00026-OWW-TAG Document 22 form when finished. Filed 04/16/2007 Clear This Form button at the end of the
SHORT TITLE:

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CASE NUMBER:

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MC-025

JADWIN v. COUNTY OF KERN et al.

1:07-cv-26-oww-tag
Page

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( ( ( (

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
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Form Approved for Optional Use Judicial Council of California MC-025 [New July 1, 2002]

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Apr 11 07 02:00p

Mark Wasser

916-000-0000

p.2

Case 1:07-cv-00026-OWW-TAG

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasseriW.markwasseLcom Bernard C. Bannan, Sr. KERN COlJ~TY COUNSEL Mark Nations, Chief Deputy IllS Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smi1h and William Roy

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID F. JADWIN, D.O.
Plaintiff, vs.

~

Case No.: 1:07-cv-26

COUNTY OF KERN, et aI.,

) STIPULATION RE; SERVICE AND ) RESPONSE TO FIRST AMENDED ) COMPLAINT, SCHEDULIG OF RULE ) 26(1) CONFERENCE AND MANDATORY ) SCHEDULING CONFERENCE AND ) ORDER

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Defendants. ) -------------.)
It is hereby stipulated by and between the parties hereto through their respective counsel

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as follows: 1. There are multiple Defendants in this action and they were not all served on the same date but they were all served by April 6,2007. Given the varying service dates, the parties agree that all the Defendants may file an answer to the First Amended Complaint on or before April 30,2007. Plaintiff shall not be prejudiced with respect to the scheduling of discovery or trial.
! !!
STIPULATION RE: SERVICE AND RESPONSE TO FIRST AMENDED COMPLAINT, SCHEDULING OF RULE 26(f) CONFERENCE AND MANDATORY SCHEDULDlG CONFERENCE AND ORDER

1

Apr 11 07 02:00p

Mark Wasser

916-000-0000

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9

2. Plaintiff may supplement his First Amended Complaint by adding factual allegations regarding a letter from the California Labor Commissioner and some other matters. The supplement will be filed on or before April 24, 2007. 3. The parties will conduct the Rule 26(f) Conference on May 4,2007 at a mutually agreeable time and location. 4. In order that the parties have sufficient time to prepare effective initial disclosures and a discovery plan, the parties request that the Court re-schedule the Mandatory Scheduling Conference to May 31, 2007.

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Dated, AprilR, 2007

LAW OFFICES OF MARK A. WASSER

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Mark A. Wasser Attorney for Defendants, County of Kern, et aI.

11 Dated: April _ _, 2007

LAW OFFICE OF EUGENE LEE

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By:,

_

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Eugene D. Lee Attorney for Plaintiff, David F. Jadwin, D.O.

ORDER
The parties having stipulated as hereinabove set forth and good cause appearing therefore; IT IS SO ORDERED. The Mandatory Schednling Conference is reset to Dated: April _ _, 2007 UKITED STATES DISTRlCT COURT By: The Honorable Oliver W. Wanger United States District Court Judge
STIPULATlON RE: SERVICE AND RESPONSE TO FIRST AMENDED COMPLAINT, SCHEDULING OF RULE 26(f) CONFERENCE AND MANDATORY SCHEDULING CONFERENCE AND ORDER

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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 Executed on April 16, 2007, at Los Angeles, California. 18 19 __________________________________ 20 Eugene D. Lee 21 22 23 24 25 26 27 28
NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 2

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. 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.


				
DOCUMENT INFO
Description: 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.