Docstoc

38 MTS - Corrected Proposed Order

Document Sample
38 MTS - Corrected Proposed Order Powered By Docstoc
					Case 1:07-cv-00026-OWW-TAG

Document 38

Filed 07/11/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 5032 Woodminster Lane Oakland, CA 94602-2614 Telephone: (510) 530-4078 Facsimile: (510) 530-4725 Email: jh@baelo.com Of Counsel to LAW OFFICE OF EUGENE LEE Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DAVID F. JADWIN, D.O., Case No. 1:07-cv-00026-OWW-TAG [CORRECTED PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE FIFTH AFFIRMATIVE DEFENSE AND FOR SANCTIONS AGAINST COUNSEL [F.R.C.P. RULES 12(f) AND 11(c)]

15 Plaintiff, 16 v. 17 18 19 20 21 22 23 24 This matter came on regularly for hearing before this Court on August 13, 2007 at 9:30 a.m., in 25 Courthouse 8, in the Bakersfield Division of United States District Court for the Eastern District of 26 California. Counsel for each party appeared and the matter was heard. The Court has reviewed the 27 motion, declarations and memoranda of the parties. 28
[CORRECTED PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AND FOR SANCTIONS AGAINST COUNSEL

COUNTY OF KERN; et al. Defendants. Date: August 13, 2007 Time: 9:30 a.m. Place: U.S. Bankruptcy Courthouse, Bakersfield Courtroom 8 Date Action Filed: Date Set for Trial: January 6, 2007 August 26, 2008

1

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

Document 38

Filed 07/11/2007

Page 2 of 2

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

IT IS HEREBY ORDERED that the Motion to Strike the Fifth Affirmative Defense in Defendants’ Answer to the Second Supplemental Complaint, brought by Plaintiff DAVID F. JADWIN, D.O., is GRANTED, and lines 18-22 on page 12 of such Answer shall be stricken; IT IS HEREBY FURTHER ORDERED that Plaintiff’s Request for Sanctions against Defendant’s counsel is hereby granted in the amount of $_________, to be paid within 30 days.

IT IS SO ORDERED.

Date: August ____, 2007

By: ______________________________________ The Honorable Teresa A. Goldner Magistrate Judge of the United States District Court Eastern District of California

[CORRECTED PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AND FOR SANCTIONS AGAINST COUNSEL

2


				
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.