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

Document 165

Filed 07/14/2008

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Mark A. Wasser, CA SB #060160 LAW OFFlCES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com Bernard C. Barmann, Sr. CA SB #60508 KERN COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun 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, Jelmifer Abraham, Scott Ragland, Toni Smith and William Roy
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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DAVID F. JADWIN, D.O.

Case No.: 1:07-cv-00026-0WW-TAG
DECLARATION OF MARK A. WASSER IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON MOTION FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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Plaintiff, vs.
COUNTY OF KERN, et aI.,

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Defendants.

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Date: Time: Place: U.S. Bankruptcy Courthouse, Bakersfield Courtroom 8 Date Action Filed: January 6, 2007 Trial Date: December 2, 2008

-1DECLARATION OF MARK A. WASSER IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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I, Mark A. Wasser, declare as follows: 1. I am counsel of record for Defendants and I am familiar with this proceeding. The facts in this declaration are true and correct of my own personal knowledge and I can testifY competently to them if called as a witness. 2. The original scheduling order (filed June 6, 2007) was modified by stipulation of the patties and Order of this Court on June 3, 2008 ("Scheduling Order"). 3. Under the Scheduling Order as modified, expert witnesses were disclosed on June 16, 2008, and supplemental experts are to be disclosed on July 16, 2008. 4. Under the Scheduling Order as modified, discovery is set to close on August 18, 2008. 5. Under the Scheduling Order, Defendants agreed to granting Plaintiff "relief' from the 25-interrogatory limit in Rule 33 of the Federal Rules of Civil Procedure and the 10-deposition limit in Rule 30 of the Federal Rules of Civil Procedure. 6. At the time Defendants agreed to grant Plaintiff the specified "relief," Defendants assumed, enoneously, that Plaintiff would undettake discovery in a reasonable and judicious fashion. 7. To date, Plaintiff has served 91 intenogatories to which Defendants have responded. Most of those interrogatories requested infonnation that is irrelevant to any issues in the complaint. On July 8, 2008, Plaintiff served another 7 interrogatories (in violation of an agreement between the parties). A copy of Plaintiffs third set of interrogatories is attached hereto as Exhibit A. Nothing in this case wanants 98 interrogatories. 8. To date, Plaintiff has taken 16 depositions. In an e-mail dated June 30, 2008, Plaintiffs counsel communicated his desire to take an additional 17 depositions. A copy ofMr. Lee's e-mail isattachedheretoasExhibitB.OnJuly3.2008.Mr. Lee sent Defendant's counsel, by fax, 17 deposition subpoenas. Copies of those deposition subpoenas are attached to this declaration as Exhibit C. In e-mails exchanged between the patties during the last couple of weeks Plaintiffs counsel has also expressed the intent to depose Defendant's expert witnesses.

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-2DECLARATION OF MARK A. WASSER IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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Copies of e-mail correspondence between counsel regarding the expert depositions is attached hereto as Exhibit D. This brings to over 20 the number of additional depositions Plaintiff has either noticed or requested. 9. Combined with the 16 depositions already taken, these additional depositions, not including depositions of supplemental experts that have not yet been disclosed, will bring the total number of depositions in this case to about 40 - 4 times the number authorized by Rule 30. Nothing about this case warrants that many depositions. 10. The 16 depositions Plaintiff has already taken have yielded virtually no evidence relevant to any of Plaintiffs claims. The same is true of Plaintiffs interrogatories. Discovery has long since passed the point of diminishing returns.

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II. The additional depositions Plaintiff has noticed include the depositions of2 county
supervisors - one incumbent supervisor and one former supervisor. Defendants are at a loss to understand what admissible evidence either supervisor can contribute. 12. In an e-mail dated July 2, 2008, a copy of which is included in Exhibit D, Plaintiffs counsel wrote that Plaintiff was taking these additional depositions, at least in part, because Defendants were not willing to stipulate to the authentication of documents. In 2 e-mails dated July 3, 2008, copies of which are attached as Exhibit E, Defendant's counsel responded by offering to stipulate to the authentication of any documents that Plaintiff could identify with regard to any specific deponents if doing so would obviate the need for additional depositions. Plaintiff responded to that overture by serving 290 requests for admission. Those requests are not part of this motion because Defendants' counsel has not had an adequate opportunity to meet and confer with Plaintiff s counsel. 13. Plaintiffs discovery is burdensome and abusive. 14. Plaintiff has rejected Defendants' attempts to negotiate a reasonable limit to the number of interrogatories or depositions.

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IS. Defendants have met and conferred with Plaintiff without success in an attempt to
resolve this issue.

-3DECLARATION OF MARK A. WASSER IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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16. Good cause exists for shortening time. The additional depositions are set to begin on July 15,2008. Supplemental expert disclosures are set for July 16,2008. Also, Plaintiff has filed a motion to amend his complaint to add new theories against the County. That motion is set for hearing on September 8, 2008. It will not be possible to accommodate the additional discovery Plaintiff has propounded and the new theories he is asserting against the County without modifying the Scheduling Order. 17. The underlying motion for protective order is attached hereto as Exhibit F. 18. The ex-parte application, this Declaration and supporting exhibits, and the Proposed Order were served on Plaintiffs counsel by facsimile on July 14, 2008, before 5:00 p.m.
I certify under penalty of perjury that the foregoing is true and correct.

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Executed this 14th day of July, 2008, in Sacramento, California.

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By: /s/ Mark A. Wasser Mark A. Wasser

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-4DECLARATION OF MARK A. WASSER IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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EXHIBIT A

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Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telepbone: (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 Telepbone: (510) 530-4078 Facsimile: (510) 530-4725 Email: jb@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

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DAVID F. JADWIN, D.O., Plaintiff,
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Civil Action No. 1:07-cv-00026-0WW-TAG INTERROGATORIES FOR DEFENDANT COUNTY OF KERN (SET THREE). Date Action Filed: Date Set for Trial: January 6, 2007 August, 2008

COUNTY OF KERN; et al. Defendants.

PROPOUNDING PARTY: 21 RESPONDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERN Three

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SET NO.: 23 24 25 26 service bereof. 27 III 28

Pursuant to Rule 33 oftbe Federal Rules of Civil Procedure, Plaintiff David F. Jadwin requests that you serve written answers to tbe following interrogatories under oath witbin tbirty (30) days of

INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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A.

DEFINITIONS

The tenn "PERSON" as used herein includes, without limitation, any natural person,

firm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or any other entity.

B.
C. D.

The term "PLAINTIFF" means plaintiff David F. Jadwin, D.O., F.C.A.P. The teon "DEFENDANT" means defendant County of Kern. The teon ''KMC" means Kern Medical Center, a hospital owned and operated by

DEFENDANT. E. The teons "YOU" and "YOUR" as used herein include DEFENDANT and include

without limitation each predecessor and successor-in-interest, as well as any officer, agent, employee, attorney, representative of DEFENDANT andlor any other PERSONS acting under the control of DEFENDANT or on behalf of DEFENDANT. F. The teon "DOCUMENT" or "DOCUMENTS" as used herein is broadly defined to

include all media on which infonnation is recorded or stored, as well as all non-identical copies thereof including copies which bear any notes, notations or markings not found on the originals and all preliminary, inteonediate, final and revised drafts of such document. This includes but is not limited to any writings, drawings, graphs, charts, photographs, video or audio recordings, microfilm, data compilations, and electronically-stored information stored in any medium from which information can be obtained such as e-mails, internet browser bookmarks and history, voicemail messages, websites, electronic messages or bulletin boards. As used herein, the tenn "writings" shall include but is not limited to letters, memoranda, reports, and notes whether handwritten or otherwise recorded, whether internal or external to G.

you. Electronically-stored infonnation should be printed for production.

The phrase "RELATING TO" as used herein includes referring to, relating to, relates to,

responding to, concerning, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, depicting, mentioning, reflecting, analyzing, comprising, constituting, evidencing, and pertaining to, whether in whole or in part. H. The term "PERSONNEL FILE" as used herein is broadly defined to include all

DOCUMENTS RELATING TO an process improvement file; employee's credentials; medical staff file,
INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline,

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separation or other employment action; as well as the "folder", "jacket" or other container of each such file and any attachments thereto and all files maintained by PERSONS employed by YOU.

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The tenn "PATHOLOGY REPORT" as used herein is broadly defmed to include all

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DOCUMENTS RELATING TO the description of cells and tissues made by a pathologist based on microscopic evidence and lab testing and used to render a diagnosis of a disease, including but not limited to the DOCUMENTS RELATING TO the following associated items: original requisitions and attached DOCUMENTS, HBO electronic documentation logs, peer reviewer comment sheets and attached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathology specimens, operative reports for pathology specimens, progress notes made by pathology, outside pathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logs from transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrow reports.

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1.

The tenn "IDENTIFY" when used in connection with natural PERSONS includes the

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name, address, phone number, the current or most recent position held with YOU if the PERSON is or was employed with YOU as of the date these interrogatories are answered, and the last day of the PERSON's employment with YOU. When used in connection with DOCUMENTS, the term "IDENTIFY" includes the name(s) of the author(s), name(s) ofrecipient(s), date of creation, date of modification, date of delivery, date of execution, effective date, subject matter, bates numbers, page numbers, paragraph numbers, line numbers and/or section numbers.

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K.
L.

The tenns "and" and "or" when used herein each mean "and/or". All references to the singular include the plural, and all references to the plural include

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the singular. All references to the masculine gender include the feminine and neuter genders and viceversa INSTRUCTIONS A. YOU are required to answer each interrogatory separately and fully in writing under oath.

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If YOU cannot answer an interrogatory in full, YOU must answer as fully as possible, specify the reason for YOUR inability to fully answer, and state any information YOU have concerning the unanswered
INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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portion.

B.

In answering an interrogatory, YOU are required to furnish not only such information as

is within YOUR own personal knowledge, but also any and all information which is in the possession of YOUR officers, agents, employees, attorneys, representatives and/or any other PERSONS acting under YOUR or their control or on YOUR or their behalf, or which is otherwise available to YOU. C. Whenever YOU refuse to answer any interrogatory based upon an objection, YOU are

required to (1) fully answer the interrogatory to the extent it is not objectionable, (2) meaningfully state the nature of YOUR objection, (b) meaningfully set forth each and every ground for YOUR objection, and (c) meaningfully describe the factual basis, if any, upon which YOU rely in making such objection. D. An answer to an interrogatory should be complete in and of itself and should not refer to

the pleadings, or to depositions or other documents, or to other interrogatories. E. YOU are under a duty to supplement and/or correct these responses upon learning that

the earlier answers were in some material respect incomplete or incorrect when made or are no longer true, pursuant to Rule 26(e) ofthe Federal Rules of Civil Procedure. INTERROGATORIES INTERROGATORY NO

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Is your response to each request for admission (set one) served with these interrogatories an unqualified admission? \fnot, for each response that is not an unqualified admission:
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State the number ofthe request;

b. State all facts upon which you base YOUR response; c. IDENTIFY all PERSONS who have knowledge of those facts, including their names, addresses, and telephone numbers; and d. IDENTIFY all DOCUMENTS and other tangible things that support YOUR response and IDENTIFY all PERSONS who have each DOCUMENT or thing, including their names, addresses, and telephone numbers. INTERROGATORY NO

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IDENTIFY all handwritten notes RELATING TO PLAINTIFF which were authored by Peter Bryan during his tenure at KMC, including but not limited to their current location.
INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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INTERROGATORY NO. 94: IDENTIFY all handwritten notes RELATING TO PLAINTIFF which were authored by Marvin Kolb during his tenure at KMC, including but not limited to their current location. INTEMOGATORY NO. 95: IDENTIFY any and all DOCUMENTS contained in YOUR FRCP Rule 26 Initial Disclosures that YOU contend is not a "BUSINESS RECORD" (within the meaning of FRE 803(6»; and state all facts on which you base your contention. INTERROGATORY NO 96: IDENTIFY any and all DOCUMENTS contained in PLAINTIFF'S FRCP Rule 26 Initial Disclosures that YOU contend is not a BUSINESS RECORD; and state all facts on which you base your contention. INTERROGATORY NO. 97: IDENTIFY any and all DOCUMENTS which YOU produced to PLAINTIFF in discovery or in supplemental disclosures [0001659 - 0028001] that YOU contend is not a BUSINESS RECORD; and state all facts on which you base your contention. INTERROGATORY NO.

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Do YOU contend that YOU counseled PLAINTIFF at any time during his tenure at KMC? If so, for each occasion on which YOU counseled PLAINTIFF:
8.

State the date(s) the counseling occurred;

b. Describe the nature of the counseling, including what form it took and what was communicated; c. IDENTIFY all PERSONS who participated in counseling PLAINTIFF;
d. IDENTIFY all PERSONS who have knowledge of those facts, including their names,

addresses, and telephone numbers; and e. IDENTIFY all DOCUMENTS and other tangible things that support YOUR response and IDENTIFY all PERSONS who have each DOCUMENT or thing, including their names, addresses, and telephone numbers.

INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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Date: July 8, 2008

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INTERROGATORIES FOR DEFENDANT KERN COUNTY (SET TWO)

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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. On the date of execution of this DOCUMENT, I served the following: PLAINTIFF'S INTERROGATORIES FOR DEFENDANT COUNTY OF KERN (SET THREE) on the following parties in this action by and through their attorneys addressed as follows: Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy BY FACSIMILE: I transmitted via facsimile the DOCUMENT(s) listed above to the fax number(s) set forth above on this date before or around 5:00 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 ofthe transmission report(s) for the service of this DOCUMENT, 'properly issued by the facsimile service that transmitted this DOCUMEN and showing that such transnussion was (transmissions were) completed without error, is attached hereto.

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[gJ

[gJ 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 July 8, 2008, at Los Angeles, California.

CERTIFICATE OF SERVICE

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EXHIBITB

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent: To: Eugene D. Lee [elee@LOEL.com] Monday, June 30, 20082:31 PM mwasser@markwasser.com

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SUbject: Depositions Mark, I asked you for dates of availability to depose your experts last Monday. One week later, I've received one date from you -- July 7 -- for Dr. Burchuk, and nothing more. After I explained I'm not available on July 7, I didn't back heard from you. It shouldn't take this long to give me dates of availability for your experts. I will go ahead and notice their depositions today since my attempt to work the dates out with you has failed. It is unfortunate that you are unwilling to cooperate with me on something as simple as scheduling expert depos, but it comes as no surprise given your conduct in this action to date. I have heard back from Ms. Rizzardi. She is available to be deposed all of next week, from 7/7 to 7/11, and also on 7/14 to 7/16. At this point, I'm still trying to reach Dr. Weiss, who was traveling last I heard. I hope to hear back from him soon though. I've already supplied you dates for Dr. Reading and Ms. Levison but haven't heard back from you. Also, Plaintiff would like to depose: Supervisor Ray Watson (4 hours) Supervisor Barbara Patrick (4 hours) Peter Bryan (full day) David Culberson (4 hours) Irwin Harris (full day) Scott Ragland (4 hours) Jennifer Abraham (4 hours) Royce Johnson (4 hours) Joseph Mansour (4 hours) Maureen Martin (4 hours) Albert McBride (4 hours) Philip Dutt (full day) Savita Shertudke (4 hours) Sandra Chester (4 hours) Toni Smith (4 hours) Karen Barnes (full day) Arlene Ramos Aninion (4 hours) If it would ease scheduling conflicts for Defendants, Plaintiff is willing to waive the stipulation to having depos only on TlW/Th and is Willing to consider any day of the week. Please let me know no later than Wednesday where things stand regarding the foregoing. Time is running short and Plaintiff cannot wait a week for Defendants to come back to Plaintiff with nothing more than a single date for a single deponent. Sincerely, Gene Lee

7/14/2008

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EXHIBIT C

(2131992-3299
TELEPHONE

LAW Case 1:07-cv-00026-OWW-TAGOFFICE Filed OF Document 165 07/14/2008

ELEE@LOELCOM
EMAIL Page 16 of 67

E U G ENE
(2131 596-0487
FACSIMILE

L E E
WWW.LOEL.COM WEBSITE

555 WEST FIFTH STREET SUITE 3100 Los ANGELES, CALIFORNIA 90013-1010

FAX
To:
Fax Number: 2135960487

From: Law Office of Eugene Lee Date: 07/03/2008

Pages: 11 (including cover page) Re: Jadwin/KC: Deposition SUbpoenas/Notices
Comments:
Mark, Attached are depo sUbpoenas for 17 non-expert deponents - in four fax installments. Please contact me if you have questions. Have a pleasant 4th of JUly weekend.

lb.AQ88 (Bey 12/06) Subpoena in D Ciyil OIse

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Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:! 1:07-cv-26-0WW-TAG

TO:

Royce Johnson, M.D.

D

YOU ARE CO!l-1MANDED to appear in the United States District cOUIi at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSITION Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661 )323-1900 DATE AND TIME

7/24/20089:00 am

D

YOU ARE CO!l-1MANDED to produce and pennit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_A_ND_TI_M_E

_

D

YOU ARE COlvlMANDED to pennit inspection of the following premises al the date and time specified below.
I_D_A_TE_AND TI_ME __ _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUlNP\lE~:'!.:~IGNATURE AND TITLE ~NDICATE IF ATTORNEYFORPLAlNTIFF OR DEFENDANT)

et;kjrj0J

DATE

7/3/2008

ISSUl'tJ OFFICER'S NAME, ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(see Rule 43, f'ederol Rules of dvll Procedure, SubdivIsions (c), (d), and (e), on next page)

I

If action is pending in district other than district of issuance, state dislriCl under case number.

0088 (Rev 1'/96) S!!bpQenp in a

Prj! 9§e
Document 165
PROOF OF SERVICE
DATE PLACE

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SERVED
SERVED ON (pRINT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mail, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Royce Johnson, M.D., by and through, Mark Wasser
SERVED BY (pRlNTNAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee DECLARATION OF SERVER

I declare under penalty ofpeljUly under the laws ofthe United States ofAmerica that the foregoing information contained in the Proof of Service is true and con·ect.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTION Of PER-SONS SUBJLCTTO SUBPOENAS.

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subje<.t to that subpoena. The court Oil behalf of which the ::robpoena was issued shall enforce Uris duty and impose upon lhe paTty or attorney in breach of this duty an appropriale sllIIclion. which may include, but is not Iim.itedto, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded !o produce and pennit inspection, copying, tesllng, or Sllmpling of designated electronically stored information, books, papers, documents or tangible lhingi, or inl>pedion of premil>el> need not appenr in perl:(ln at llle place of production or inspedion unless commanded to appear for deposition. hearing or !rial. (B) Subject 10 paragraph (<1)(2) ofthisrule, II person commanded to produce and permit ,n!:pedion, copying, testing, or sampling ffillY, within 14 days after service of Ute !>\lbpoena or before Ihe tim\! l>pecifi ed for compliance if l.'ldJ time ill I ell!> than 14 dil)'l: after I:ervi ce, llerve upon Ule party or attorney designated in the subpoena written o~ection loprodlcing any or all ofllie des goated molerial s or inspection oflli epremi ses- or to producing el ectronicaUy stored infonnntioo in lheform orforms requested. If o~ ecti on is made, the party selVingthe subpoena shall not be entitled to illll'peCI. copy. tero1. or ll'llmple the ffillierials- or inspect the peemi~s-except pursuant 10 an order ofllie court by which the subpoena was issued If objection liaS been made, lIle party serving !he subpoena may, upon notice to !he person commanded to produce, move at any time for an order to compel the production, inspection, copyiug, testing, or sampliug. Such all order to compel shall protect any person who is not a party or an officer of a party from significalll expeuse resulting from Ihe illspectiOll, copying, testing, or sampling commanded. (3) (A) On timely molion,thecourt by whicha subpoena was issued mall quash ormodify the SUbpoena if it (i) fails to allow reasonable lime for compliance; (ii) requires a person who is not a party or on officer ofa party to travel to a place more lIUll! 100 miles from the place where that person resides. is employed or regularly transacts businessin person, exceplthot, subject to the provisions of dause (c)(3)(B)(iii) oflhis rule, such a person mll)' in order to al1end trial be commanded to travel from any such place wiUlin Ihe stale in which !he !rial is held; (iii) requires dsclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person 10 undue burden. (B) If a &.Ibpoena (i) requires di sclosure of a trade secret or other conti dential research, development, or commercial irnonnation, or (Ii) requires disclo!>\lre of an unretained expert's opinion or information not describing specific events or ocrurrences in dispute lind resulting from lIle expert's study made not otthe request of any party, or (iii) requires II person who is not a party or an officer of a party !o incur substantial expense to InIvel more Ihan tOO miles to attend trial, Ule court may, to pnxect a person subject

to or affected by the subpOellft, quash or modfy the subpoena or, iflhe party in whose behu.lf the subpoena is issued shows a substantial need for the testimony or material that canllol be otherwise met without undue hardohip and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.

(t) (A) A person responding to a subpoena to produce documents shall produce Ulem as they are kepi in the u~ual coune ofbl1l:inel:G or shall organize and labetthem to correspond wilh lIle calegories in the demand (B) If asubpoena does not specify the fonn or forms for producing eI ectronically stored illform3tion, a person responding to a subpoena must produce the infonnation in II fonn or form" in which the perwn ordinarily mwntlline it or in a form or forme thai lire reasonably usab! e. (C) A person responding to II. subpoena need not produce the same electronically slored informatiOll in more Ulan one form. (D) A person responding to 11 subpoefla need not provide dill'COvet)' of electroniclilly stored informati on from sources that the person identifies as 1'101 reasOllably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show Ulotlhe infonnatiOll sought is nol reasonably accessible because of undue burden or cosl. If Ulat showing is made, tIle cow1 mllY nonetheless order discovery from such sources jftherequesling pllrty shows good cause, 1;000sidering Ule limitations ofRule 26(b)(2)(C). The court mil}' specify conditions for the discovery. (2) (A) When infonnation su*cltoa subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials. the claim shall be made expressly and shall be supported by a destription of the nature of the documents, communications, or things not produced thai is suffio;ient 10 enable the demanding party 10 coniest the claim. (B) If infonnation is produced in response to a subpoena that is subject to 0 claim of privil ege or of prolection as !rial-preparation materia!. the person making the claim may notify any party !hat received the infonnation of the claim and the basis for it. After being notified, a party musl promptly return, sequester, or destroy the specified information and lllly copies it has andmay not use or disclose the infonnalion until the claim is resolved. A receiving party may promptly present the infonnation to the court under seal for a determinatioo of the claim. If the receiving party disci osed the infonnation before being notified, il must take reasonabl e steps to relrieveil. The person who prowced the information must preserve Ihe infonnation until the claim is resolved. (e) CONTEMPT. Failure ofany person williout adequate excuse 10 obey a subpoena served upon that person may be deemed a (:Qntempt of lIle (:Qurt from which the SUbpoena issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce ot a place not within the limits provided by clause 0i) of subparagraph (c)(3)(A).

~AQB8

fRey J 2fQill Suhpoena in jl Cjyil pse Case 1:07-cv-00026-OWW-TAG

Document 165

Filed 07/14/2008

Page 19 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP.

DISTRICT OF

CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number: 1 1:07 -cv-26-0WW- TAG

TO:

Jennifer Abraham, MD.

D YOU ARE COMl'v1ANDED to appear in the United States District court at the place, date, and time specified below to
testifY in the above case.
PLACE OF TESTIMONY COURTROOM

DAlE AND TIME

51

YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900 DAlE AND TIME

PLACE OF DEPOSITION

8/6/20082:00 pm

D

YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_lE-,-AND TI_ME--:--::----:-:--:__

_

D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES ILD_A_lE_A_ND_TI_ME _

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFl')CP ''''~NATURB AND TITLE ONDICAlE IF ATTORNEY FOR PLAlNTIFF OR DEFENDANT)

fu, leu
b.

DATE

7/3/2008

ISSUING qF~ICER'S NAME, ADDRESS AND PHONE NUMBER

Eugene

Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 43, Federal Rules or avll Procedure, Subdivisions (e), (d), and (e), on next page)

I

If action is pending in district other than district of issuance, state district under case number.

AO§§ (Rex 1219§) §!!!woena jn a 9yH Cpse

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

PROOF OF SERVICE
PLACE

Document 165

Filed 07/14/2008

Page 20 of 67

SERVED
SERVED ON (pRINT NAME)

7/312008

Law Offices of Mark Wasser, 400 Capitol Mail, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Jennifer Abraham, M.D., by and through, Mark Wasser
SERVED BY (pRlNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipuiation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER I declare under penalty ofperjury under the laws ofthe United States ofAmerica that the foregoing information contained
in the Proof of Service is true and correct.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION or PERSONS SUBJECTTO SUBPOENAS. (1) A party or an attorney responsible for theissuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person SUbject 10 that subpoena. The court on behalf of whidl !he subpoena was issued shall enforce tlris duty and impose upon the party or attomey in breach ofthie duty Illl approprillle sllDction, which may include, but is not limited to, lost earnings llJ1d a reasonable allomey's fee. (2) (A) A person commllJlded to produce and permit inspection, copying, testing, or sampling of designaled electronically storedinformati on, books, papers, documents or langible (hing;, or in;pection of premiGe; need not appear in periion al tile place of production or inspection un! ess commanded 10 appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) oflhisrule, a peISOfi commanded 10 produce andpermil inspection, copying, (esting, or sampling may, wilhin 14 days after service ofille SlIbpoena or before the time ~pecified for compliance if l:Ilch time il: le.-l: Ihnn 14 daye aftl'!" eervice, l;\!rve upon the party Of altomey designated in the subpoena written objection loproducing lIny or all ofthe designated materiols or inspection of Ih e preml ses - or to producing d el;lroniCally stored information in the form orforms requested Ifobjection is mllde,lhe party servinglhe subpoena shall nol be entitled 10 illspec~ copy, test, or sample the moll'riuls or inspect the premiseS' exCl'pt pursuanlto an order ofUle court by which the subpoena wasisSJed If objection has !>ten made, the party serving Ihe subpoena may, upon notice to lhe person <:ommanded to produce, move at any time for an order 10 compel the prowction, inspecti on, copying, lesting, or SlImpling. Such an order 10 compd shall protect any person who is nOL a purty or an officer ofa party from significunt expense resUlting from Ihe inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued mall quash or modify the subpoena if it 6) fails 10 allow reasonable time for compliance; (ii) requires a person who is not a party or an om ccr of a party to Iravel to a place more than 100 miles from lileplace where thai person resides, is employedorregularly transacls businessin person, excepllhal, subjecllo lheprovisions of douse (c)(3)(B)(iii) ofthis rule, such a person may in order to attend trial be commanded to travel from any such place within Ihe state in which Ihe lrial is held; (iii) requires cisdosure of privileged or other protected matter and no exception or waiver applies; or (Iv) subjecls a perSon to undue burden. (B) II a subpoena (I) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ti) requires disclosure of an IlOretained expert's Opnioo or information not describing specific events or occulTencesin dispule and resulting from the expert's study made not at the request ofany party, or (iii) requires a person who is not a party or an officer of a party 10 incur substantial expense to travel more than 100 miles to attend !rial, the court may, to prolecl a person subject
10 or offected by the subpoeno, quash or mocify the subpoenll. or, ifthe party in whose behalf the subpoena is issued shows a .robst1llltial need for the testimony or malerial that cannot be otherwise met without undue hardship and assures that the person La whom Ule subpoena is addressed will be reasonably compensated, !he court may order appearance or production only UpOll specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding 10 a subpoena 10 produce documents shall produce them as they are kept in the usual COUlse ofbUl>:inesll or shall organize and label them to correspond with

the categorles in the demand (B) If a subpoena does not specify the fonn or forms for producing d eclroni cally stored information, a person responding 10 a robpoenB must produce the infonnation in a fonn or forms in which the pereon ordinarily mai.nlaine il or in a form or forme thai are reaeonably usable. (C) A person responding to a subpoena neednot produce the same electronically stored informali on in more than one form. (D) A perl;On responding 10 D SlIbpoena need not provide discovery of electronically stored infonnalion from sources that the pel'Son identifies asnot reasonably accessible because of undue burden or cost. On motion 10 compel ci.scovery or 10 quash, lhe person from whom discovery is sought must show tllal theinformation sough! isnot reasonably accessible beCllUSC of undue burden or cosl, If Ihot showing is made, IIle court mil)' nOlleUleless order discovery from &lch sources if the requesting party shows good cause, considering the Iimitatiolls ofRul e 26(b)(2)(C). The court may specify conditions for Ihe discovery. (2) (A) When information subj eet to Bsubpoena is withheld 011 a daim thai it is privileged or SIIbject 10 prolection as trial-preparation materials. the claim shall be made expressly and shaJl be supported by a description of tbe nature oflhe documents, commilllications, or things not produced thai is sufficienl to enable the demandlug party 10 contesllhe claim. (B) If information is produced in response 10 a subpoena that is SUbject 10 a daim of privilege or ofprotecti on as trial-preparation material. the person making the d aim may notify any party that received the information of !he claim andthe basis for il. After being notified, a party musl promptly return, sequester, or destroy the specified information and any copies it bas and may nol use or disclose the information until Ule claim is resolved. A receiving party may promptly presenl the information to the court under seaJ for a determination ofllie claim. If the receiving plIrty disclosed the information before being notified, it must take reasonabl e steps to retrieve it. nle person who produced Iheinformation must preserve the infoffilation until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon thai person may be deemed a con1erupl of the court from which the subpoena issued An udequate cause for failure 10 obey exists when a subpoena purports to require a nonparty 10 attend or prodUce at a phce not within the limils provided by clause (ii) of SUbparagraph (c)(3)(A).

~AQ8B

fRCase 1:07-cv-00026-OWW-TAG ey J 1/(6) Subpoena in a Cjyj! case

Document 165

Filed 07/14/2008

Page 21 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:' 1:07-cv-26-0WW-TAG

TO:

Arlene Ramos Aninion

D YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testifY in the above case.
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

!if

YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900 DATE AND TIME

PLACE OF DEPOSITION

7/22/2008 1 :00 pm
D YOU ARE COMMANDED to produce and pennit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE--,-AND TI_ME--,--::--:-:--:__

_

D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I_D_A_TE_A_ND_TI_ME _

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OF4'I.~~~URE AND TITLE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

rv'V(J \Jc..}

7/3/2008

ISSUING O~ER'S NA~IE. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013: (213) 992-3299
(See Rule 4', Federal RuIes or avll Procedure, SUbdivisions (c), (d), and (e), on next page)

1

If action is pending in district other than district of issuance, state district under case number.

°988 tRey 12/961 §n!moena ip PViri' ease

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 22 of 67

SERVED
SERVED ON (PRlNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mail, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Arlene Ramos Aninion, by and through Mark Wasser
SERVED BY (pRINT NAME)

Facsimiie & U,S, Mail, First Class to Mark Wasser per stipulation
TI1LE

Eugene D, Lee

Principal, Law Office of Eugene Lee

DECLARAnON OF SERVER
I declare under penalty ofperjUlY under the laws ofthe United States of America that the foregoing information contained

in the Proof of Service is hue and correct.

Executed on

7/3/2008
DATE

Eugene D, Lee
ADDRESS OF SERVER

555 W 5th St., Ste, 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
or PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuanceand service of II. subpoena shall take reasonable steps to avoid imposing unc1le burden or expense on a person subject to that subpoena. TIle court on behalf ofwllitb the subpoena was issued shall enforce this duty and impooe upon the pllrty or IIttorney in brellcb of this duty an approprill.te sanction, which may inclUde, but is nollimitedto, losl earnings anda reasonable attorney's fee. (2) (A) A person commanded to pro<htce and pennit inspection, copying, testing, or sampling of designated electronically s10red information, books, papers, documents or tangible thing~. or in~pection of premil>e~ need not appear in penron at Ule place of production or inspection unless commanded 10 appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) ofthisrule, a person commanded 10 produce andpennil inspection, copying,Iesting, or !;8mpling may, within 14 days after service of the !lllbpoena or before the lime ~pecified for compliance if well lime i~ leI1~ than 14 day~ lifter Ilervice, l.:i!rve upon Ihe party or attorney designated in the subpoena written objection 10 prorncing any or all oHile deloignaledmaterialsorinspection of the premises- orto producing electronically stored information in theform orforms requested. If obj ection is made, the party serving the subpoena >:halt not be entitledto inspect, copy, lest, or ~ample the materials or inspect the premises except pursuant 10 llI1 order of the court by which the subpoena was issued If objection has been made, Ule party serving the subpoena moy, upon notice 10 the person commanded to protilce. move at any time for an order to compel the production, inspection, copying, te!;1ing, or sampling. Such an order to l:ompel shall protel:t any person Who isnot a party or an offi cer of a party from significant expense resull1ng from the inspection, copying, testing, or sampling commanded. (3) (Al On timely motion, the courtbywhicha subpoena wasisroed shall quash ormolify the SUbpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who isnol a party or an officer ofa party to Iravel to a place more than 100 miles from the place wherelhlltpersonresides,is employed or regUlarly transacts businessin persOll, except that, subject to the provisions of dause (c)(3)(B)(iii) ofthis rule, such a person may in order to attend trial be commanded to travel from any such place within the slate in which the trial is held; (iii) requires lisclorore of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (8) If a subpoena (I) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires lisclosure of an unretained expert's olinion or information not desqibing specific events or occurrences in lispute nnd resulting from the expert's study made not at the requesl of any party. or (iii) requires a person who is nola party or an officer of a party to incur subslantial expense to travel more th1m 100 mileslo attend trial, the court may, to protect a person subject
PROTECTION

(c)

to or Ilffected by the subpoena, quash or moaly the suhpoeno. Or, ifthe party in whose beholf the subpoena is issued shows a substantial need for the testimony or material thaI cannot be otherwise met without undue hard'ihip and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to II Subpoena to produce documents shall produce them as they ere kept in the umJal cOUl"Ge ofbuilinecc or choll organize and hbel them to cOlTcspond with !he categories in the demand (B) If a subpoena does not specify the fonn or forms for producing el ectronically stored information, a person responding 10 8 subpoena must produce Ule infotlllation in a fonn or forrru: in which the perron ordin:lIily maintainf] it Of in 9 form oc form~ thai are rea~onably usable. (C) A person responding to a subpoena need nol produce the same electronically slored information in more than one form (D) A person responding 10 8. !lIlbpoenQ need nol provide discovery of electronicoll;y stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel dscovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If Ulal showing is made, the cow1 may nonetheless order dis,"'Ovl:!)' from such sources iflhe requesting party shows good cause. considering the limitations ofRule 26(b)(2)(C). The courL may specify conrilions for the discovery. (2) (A) When information !lllbj ecl to a sUhpoena is withheld Of! a claim that it is pnvileged or subject 10 protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nalure of Ule documents, communications, or things not produced that is sufficienl to enable the demanding party 10 contest the claim. (B) If infolTllation is produced in respoose to a subpoena that is subject to a claim of privilege or of protection as triat-preparation material, the person making the claim mll)' notify any party that received the infonnation of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specifiedinformalion and any copies it has andmoy not use or disclose the infonnation unlit the claim is resolved. A receiving party may promptly present the infonnation 10 the court under seal for a determinatiOlI of the claim. If Ule receiving party disclosed the infolTllulion before being notified, it must take reasonabte steps to retrieve il The person who produced Ute information mus! preserve the infonnation until the claim is resolved

(e) CONTE;MPT. Failure ofarey person without adequate excuse 10 obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued An adequate CUllse for failure to obey exists when a subpoena purports 10 require a nonparty 10 attend or produce al a phce not within the limits provided by clause (ii) of snbpal1lgraph «)(3)(A),

::s.AQ88 (Bey p!Ofj) SUbpoena in a Cjyil Gase

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

Document 165

Filed 07/14/2008

Page 23 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRlCTOF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number: l 1:07-cv-26-0WW-TAG

TO:

Peter Bryan

o

YOU ARE COMMANDED to appear in the United States District COUlt at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DAlli AND TIME

[i YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACEOFDEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DAlli AND TIME

7/17/20089:00 arn

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

rAlliANDTIME

o

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
I_D_A_lli_A_ND_ _ TI_ME _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
AND TITLE ONDICAlli IF ATTORNEY FOR PLAlNTIFF OR DEFENDANT) DATE

7/3/2008
[SSUING OFFICER' "ME. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 4j, Feclernl Rules of dvlI Procedure, Subdivisions (c), (d), and (e),
0fI

nexl page)

1

If action is pending in district other than district of issuance, state district under case number.

A98§

tRey

J 2/96) Subpoega in

3

Civjl Case
Document 165
PROOF OF SERVICE
DATE
PLACE

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

Filed 07/14/2008

Page 24 of 67

SERVED
SERVED ON (PRlNTNAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Peter Bryan, by and through, Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARA nON OF SERVER I declare under penalty ofpeljury under the laws ofthe United States ofAmerica that the foregoing infonnation contained in the Proof of Service is true and con-ect.

Executed on

7/3/2008
DATE

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rille 45 1Federal Rules of Civil Procedure, Subdivisions (C)l (d), and (e), as amended on December 112006:
(.c) PROTECTION OFPERSONS SUBJECT TO SUBPOENAS. (1) A party or an allomey responsible for Uleissuance and service of a subpoena shall take reasollable Sleps 10 IIvoid imposing oolite burden or expense on a person subject to tnat subpoena. The court on behalf of which the lrnbpoena wasislrned shaU enforce this duty and impooe upon the parI)' or attorney in breach of this duty on appropriate a8fiction, which mey include, but is nollimiled to, lost earnings and II reaSOll3b1e aUomey's fee. (2) CA) A person commanded to produce and pennit inspection, copying, testing, or sampling of designated electronically storedinfonnation, books, papers, documents or langible thing~, or inspection of premi~e~ need not appear in per~on at the place of production or inspection unless commlltlded to appear for deposition. hearing or trial. (B) Subject to paragraph (d)(2) oHhisrule, a person commlltldedlo prowce and permit inspection, copying, lesting, or sampling may, within 14 days after service of the subpoena or before the lime specifiw for compli:mce if I>'Uch lime is less than 14 dllY~ after ~I!rvice. serve upon Ule Pllfty or attomey designated in the subpoena written oqjection to prochJdng any or all of the desi gn Bled materials or in ;vecli on of th e premi se s - or to producing el ectronicnlly stored informati on in t.heform orforms requested. Ifoqj ecti en is made, the party serving the subpoena mall not be entitled to inspect, copy, led, or S'ample the malerial';! or inllpect the pcemises except purSU1lllt to an order of the court by which the subpoena was iS9.led Ii objection has been made, the party serving the subpoena may, upon notice to fbe person commanded to produce, move al any time for an order to compellhe production, inspection, copying, testing, or SlImpling. Such all order to compel shull protecl any person whoisllOt a party or nn officer ofa party from significant expense resulting from the illlopection, copying, testing, or sampling commanded (3) (A) On timely motion, the cOllrtby whicha subpoena wasis9.led !ttall quash ormodify the sUbpoena ifil 0) fails to allow reasonable lime for compliance; Oi) requires a person who is not a party or an officer ofa party to trnvello a plnce more than 100 milesfrom Iheplace wherelhatperson resides,is employed or regularly !fallsacts businessin person, excepl that, SUbject to Uleprovisions of diluse (c)(3)(B)(iii) ofUlis rlJl e, such a person may in order to attend trial be commanded to travel from any such p111ce within lhe state in whirll the trial is held; . Oii) requires cti.sdosure of privileged or oUter protected malter and no exception or waiver applies; or (iv) subj ecls a person to unci.Je burden. (B) Ifa subpoena (i) requires disclosure of II trade secret or other confidential research, development, or commercial informalion, or (ij) requires disclosure of an unretained expert's opinion or information not describing specific eve.nts or ocomencesin dispute and rerolting from the expert'S study made not at the request ohoy purty, or (iii) requires a person who is not a party or an officer of a party 10 incur substanti al expense to travel more than 100 miles to attend trial, Ute court may, to protect II person subject
to or affected by the subpoene., quash ormocti.fY the subpoena or, iflhe party in whose behlllf the subpoena is issued shows II sub!>1nnlial need for the testimony or material that cannot be otJlerwise met without undue hardship and assures that the person to Whonl the subpoena is addressed will be reasonably compellSaled, the court may order appearance or production only upon .specified conalionll.
(d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person resp:lllcling!o a subpoena to produce documents shall produce thtm as

they I)fe kepi in Ihe usual coune ofbusinelili or lillall organize aud label them to colTwpond with the categories in the demand (B) If a subpoena does not specify Iheform or forms for producing dectronically s10red informalioll, a person respollding 10 a subpoena must produce the infOlmalioll in a Conn or forml: in which the perl:on ordinarily mainfainl: it or in a form or forml: thai He rell~onllbly usable. (C) A person reloponding to a &Ibpoena neednot produce the same electronically stored inforffiati orJ in more thon olle form. (0) A p""soo respondioB to u subpoena nced not provide discovery of elcctronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion 10 compel cliscovery or to quaSh, the person from whom discovel)' issougllt must show that the information sought is nol reasonably accessible because of undue burden or cost. If thai showing is made, Ule court mil)' nonetheless order discovery from such sources ifthe requesting party shows good cause, considering the limitations ofRule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) Wlien information SUJ:!jecl to a SUbpoena is withheld on n daim thai il is privileged or subject to protection as trial-preparation materials, the daim shall be made expressly and shall be supported by a description of the nature ofthe documents, communications. or things not produced that is sufficient to enable !he demanding party to contest the claim. (B) If information is produced in response 10 a 9.lbpoena Ihal is sUbjec:' to a claim of privilege or of protection as trial-preparation malerial. the person making the claim may notify any party that received the infonnation of the claim andlhe basis for it After being nolified, a party must promptly return, sequester, or destroy the specified information and any copies it has andmay not use or disclose the information unlil the claim is resolved. A receiving party mil}' promplly present the infonnat.ion to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, il must take reasooable steps 10 retrieve it The person who proooced the information musl. preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any persoo withoul adequate excuse to obey a subpoena selvedupon that person may be deemed a contempt of the rourt from which the subpoena issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not wilhin the limits provided by clause ~i) of 9.lbp.1ragraph (,)(3)(A).

ll::!.AQ88 (Rey 11m§) Subpoena in a Gjyjl [ase

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

Document 165

Filed 07/14/2008

Page 25 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN

DISlRICTOF

CALIFORNIA

David F. Jadwin, D.O., F.C.A.P.

SUBPOENA IN A CIVIL CASE

v.
County of Kern Case Number: ' 1:07-cv-26-0WW-TAG

TO:

Sandra Chester

o

YOU ARE COMMANDED to appear in the United States Dishict coul1 at the place, date, and time specified below to testifY in the above case.
COUR1ROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900 DATE AND TIME

8/12/2008 9:00 am

o

YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_AND_ _ TI_ME

_

o

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES

IDATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
n ",

ISSUING 9l'P11:iER'1it;!IQNATURE AND TITLE ONDlCATE IF ATTORNEY FOR PLAlNTlFF OR DEFENDANT)

,[~ d\.)..)

DATE

7/3/2008

lSSUING\J: FleER'S NAME. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule <l~,Federal Rules of dvll Procedure, SubdiVisIons (c), (d), ami (e), on next page)

1

If action is pending in district other than district of issuance, state district under case number.

°988

fRey

J1190) §!!hpoeoa jn

fI

Ciyj! Case

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 26 of 67

SERVED
SERVED ON (pRlNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Sandra Chester, by and through Mark Wasser
SERVED BY (pRlNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TIlLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARAnON OF SERVER
I declare under penalty ofperjUlY under the laws ofthe United States of America that the foregoing information contained in the Proof of Service .is bue and correct.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTiON OFPElI.SONS SUBJECTTO SUBPOENAS.

(1) A party or an allomey responsible for the issuance and service of a subpoena shall take
reasonable steps to llvlid imposing llllwe burden or expense on a person subject lo lhat subpoena. TIle court on behalf of which the subpoena was issued shall enforce this duly and impose upon the parI)' or attorney in breach ofUlis duty an appropriate aanction, which may include, bul is not limiledlo,losi earnings anda rellsonable atlonley's fee. (2) (A) A person commanded to prodlce Illld permit inspection, copying, testing, or sampling of designaledelectronically s10red information, books, papers, documents ortangible thinSs, or inspection of premises need nol nppear in penon at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) oflhislUle, n person commanded to prowce and permit inspection, copying, tegling, or sampling may, within 14 days after service ofthe subpoena or before the time llpecified for compliance if I.'I.Idl time ill lellll than 14 duyll after lIervice, ~lVe upon !hepnrty or attorney designated in the subpoena written objection to producing any or all ofthe desi goated materials or inspection ofth e premi ses ~ or to producing el e(;tronically stored informati on in theform orforms requeg;ed. Ifo~t'(;tion is made, Ihe party serving the subpoena moll not be entitled 10 inspect, copy, test, or sample the materials or il1lipeet the premises except pursuanl to an order ofthe court by which the subpoena Wllsis&led If objection has been made, the party selVing the subpoena may, upon nolice to the person commanded to produce, move al any time for ail order 10 compel the production, inspection, copying, lesting, or sampling. Such an order to compel shall protect any person whois not a parly or an officer of a parly from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, Ule court by which a subpoena was issued ~.lIl1i quash ormodify the subpoena if it (i) fails to allow reasonable lime for compliance; 0i) requires 8 person who is not a party or an officer Ofll party to lrave!lo a place more lban 100 miles from the place wherelhlll personresides, is employedorregularly transacts businessin persOfl, excepllhlll, subjecllo Uleprovisions of clause (c)(3)(B)(iii) ofUlis rule, such a person may in order 10 attend trial be commanded to travel from any such place wiUlin the s1ale in whim Ule trial is held; (iii) requires dsclosure of privileged or olher prolected matter Illld no exception or waiver applies; or (iv) wQi eels a person 10 undue burden. (B) If a subpoena (I) requires disclosure ofa trode secret or other confidential research, development, or commercial infonnation, or 0i) requires disclosure of an unretained expert's opnion or infoffilation not describing specifi c events or ocumences in dispute and rewlting from Ule expert's study made no! atlhe request oiany party, or (iii) requires a person who is nol a party or on offi eer of 0 party 10 ineW" substantial eKpense 10 travel more than 100 mileslo atlend trial, the collrt may, to prol:ect a person subject

to or uffected by Ult subpoena, quosh or modify the subpoeno or, iflht party in whose behalf tlte suopoena is issued silOWS a substanl:ial need for the testimony or material that cannot be otherwise met without undue hardship iIOd assures that the person 10 whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production oniy upon ~pecjfied conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) (A) A person responding 10 II subpoena 10 produce documents shall prowce Ihem as they are kept in the u~ual course ofbu~ine~~ or ~hall organize and label them to correlipond with the categories in the demand (B) If a subpoena does not specify the fonn or forms for producing eI «tronically stored information, a person responding to n subpoena must produce lite infOlmntion in a fonn or forfill in which lite perwn ordinnrily m:linl:linll il or in a form or forme thai \Ire re\llo':onably usable. (C) A person responding to a subpoenaneednot produce the same tiectrQnically siored information in more Ulan one form. (0) A person responding to a subpoena need not provide diS'covcry of electronically stored information:from sOIIrces thal the person identifies as nol: reasonably accessible because of undue burden or cost. On motion 10 compet discovery or to quash, the person from whom discovery is sought must show that the informa.tion sought is nol reasonably accessible because of undue burden or cost. IT Ullli showing is made, Ule court may nonetheless order discovery from such sources iflhe requesting purty shows good cause, consideriug Ule limitations ofRule 26(b)(2)(C). The coW"l may speciJ» cond lions for the discovery. (2) (A) 'Wllen infonnntion subject toa subpoena is withheld on a claim that it is privileged or subject 10 protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description oflhe nature of Ute documents, communications, or things not produced thai is sufficient to enable the demanding party to rontest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection astrial-preparalion material, the person making the claim mil)' nOlify any party that received the infonnalioll of the claim andlhe basis for it. After being notified, a party musl prompUy return, sequester, or deslroy the specified information and any copies it has and may not use or disclose fue infonnation untillhe claim is resolved. A receiving party may promptly present the infonnntion 10 Ihe court under seal for a determination of the claim. If the receiving parly disci osed the information before being lIo1ified, it must take reasonable steps 10 retrieve it The person who produced the informalion must preserve the infonnalion Until the claim is resolved.

(e) CONTEMPT. Failure ofany person without adequate excuse to obey a subpoena selVed upon thai person may be deemed a conlempl of !he oourt from which the subpoena issued An adequate cause for failure to obey exists when a subpoena purports 10 require a nonparty 10 atlend or produce al a place not wilhin the limits provided by clause (Ii) of subparagraph (c)(3)(A).

Case 1:07-cv-00026-OWW-TAG TELEPHONE
(2131 596-0487
FACSIMILE

(2131 992-3299

LAW
555

oF Document 165 OFFICEFiled 07/14/2008
L E E
3100 900 1 3-1 a 1 a
SUITE

ELEE@LOEL.GOM

Page 27 of 67 EMAIL
WWW.LOEL.GOM
WEBSITE

E U G ENE
WEST FIFTH STREET L05 ANGELES, CALIFORNIA

FAX
To:
Fax Number: 2135960487
Pages: 11 (including cover page)

From: Law Office of Eugene Lee
Date: 07/03/2008

Re: Jadwin/KC: Deposition Subpoenas/Notices

Comments: Mark, More depo subpoenas.

~AQ88

(Rey ! 1(06) Spbpoena in 0 Cjrjl ease

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

Document 165

Filed 07/14/2008

Page 28 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:' 1:07-cv-26-0WW-TAG

TO:

David Culberson

D YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

ri

YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900 DATE AND TIME

PLACE OF DEPOSITION

7/23/20089:00 am D YOU ARE COMMANDED to produce and pennit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_A_ND TI_ME __

_

D YOU ARE COMMANDED to pennit inspection of the following premises at the date and time specified below.
PREMISES I_D_A_TE_AND TI_ME __ _

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more omcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING [J':+~'''I~MGNATURE AND TITLE ONDICATE IF ATTORNEY FOR PLAlNTIFF OR DEFENDANT)
L

DATE

\,\fV' t1\,).J

7/3/2008

ISSUINC\J HICER'S NAME, ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule <1.:5, Federal Rules of Ovll Procedure, SUbdivisions (e), (d), lind (e),
Ofl

nexl page)

I

If action is pending in district o!.her!.han district of issuance, state district under case number.

A9§§ (Rey

11106) §ubpoeoa in a

Ciyil eass

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 29 of 67

SERVED
SERVED ON (pRlNT NAME)

71312008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

David Culberson, by and through Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER
I declare under penalty ofpeljUly under the laws ofthe United States of America that the foregoing infonnation contained
in the Proof of Service is true and correct.

Executed on

71312008
DATE SIGNA

OF SERVER

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December I, 2006:
(c) PROTECTION orPERsmlS SUBJ£CTTO SUBPOENAS.

(1) A party or an attorney responsible for £he issuance and service of a subpoena sjlall take reasonable steps to avoid imposing unckJe burden or expense on a person subject to that subpoena. TIle wurt on behalf of which the subpoena was issued shall enforce this duty and impose upon the purty or attorney in breach ofthis duty Il1l Ilpproprinte sllrlction, which may include, but is not limited to, lost earnings and a reasooable attorney's fee. (2) (A) A person commanded to produce and pennit inspection, copying. testing, Or sampling of designated electronically storerlinformati on, books, paperS, documents Of tangible things;, or inllpection of premillell need not appear in penon at the place of production or inspedion unless commanded to appear for deposition, hearing or Irial. (B) Subjed to paragraph (d)(l) ofthi smle, II person commanded to prodJce and permit inspection, copying, testing, or sampling may, within 14 days after service oflhe !lUbpoena or before thl! time ~pecified for compti~nce ifr.uch time i~ leI:~ Ihan 14 d3Y~ after ~elVice, l;I!lVe upon the party or attorney designated!n the subpoena written objection to producing any or 1111 ofthe design ated m IIttrials or inspection of th e premi ses- or to producing el e('tronically stored information in thefO!m orforms requested. If o~ ecli on is made, the paTty selVingthe subpoen~ shnll not be entitled to inspect, copy, test, or sample the mllterinls or inspect tlIe prernisesexcept pUf91ant to an order ofthe court by which the subpoenu waS issued If objection has been made, the party selVing the subpoena mil)'. upon notice to the person commanded to produce, move at any time for lUI order to compel the production, inspection, copying, testing, or sampling. Such an order \0 compd shall protect any perSon who is nola paTly or all officer of a party from significanl expense resulting from the inspection, copying. testing, or sllffipling commanded. (3) (A) On timely motion, the court by which a subpoena wasis91ed mall quash Or modifY the subpoena if il (i) fails to allow reasonable lime for compliance; (ii) reqUires a person who is not a party or an offi eer of a party to travel to D. place more than 100 miles from the place wllel'ethat personresides,is employedonegularly transacts businessin person, except tMt, subject to the prOVisions of clause (c)(3)(B)(iii) ofthis rule, such a person may in order to attend hilll be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other prolected mailer and no exception or waiver applies; or (iv) sul:!i ects a person to unwe burden. (B) If a subpoena (i) requires di sdosure of alrade secret or other confidential research, development, or commercial infonnation, or (ii) requires disclosure of an unretlined expert's opinion or infonnation nol desaibing specific events or OCOJlTences in eli spllte and resulting from the expert's study made not at the request of any party. or (iii) requires a person who is not a party or an offi eel' of a party to incur substantial expense to travet more than 100 miles to attend trial, the court may, to protect a person subject

to or affected by the subpoena. qua~h or modify the subpoena or, ifthe party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will bereasonably ~ompensated,the CQurt may order appearance or production only upon apedfied condition!!.
(d) DUTIES IN RESPONDINC TO SUBPOEHA. (t) (A) A person responding 10 II subpoena !o produce documents shall produce them as they lITe kept in the usual course ofbul:inel:s or gllall organize and label them to corrcspondwith the categories in the demand (B) If a subpoena does not specify llieforrn or forms for producing d ectronica1ly stored information. II person responding to a SIIbpoena must produce the informalion ill a fonn or form~ in which the pen:on ordinarily maintainl: it or in a form or forml: that lire relll:onably usuble. (C) A person responding to a subpotlla need not. produce !he sumt electronicully stored information in more than one form. (D) A perlloll responding to II subpoena need not provide discovery of electronically stored information from sources that the persOIi identi 6es as not reasonably accessible because ofulldue burden Or cost. On motion to compel discovery or to quash, the person from whom discovery is soughl must show that the informalion sought is 1101. reasonably IIccessibl e because of undue burden or cosl. If tllnt showing is made. tile cow1 mll)' noneUltiess order discovery from sudl Sourcesifthe requesting party shows good cause, considering the limitations ofRul e 26(b)(2)(C). Tbe court mil)' specifY concitions for Ihe discovery. (2) (A) When infonnation suqect to 8 subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparalion materials, the claim shall be made expressly and shall be supported by a description of the nalure of the documents, eummunications, or things nol produ('ed lha! is sufficient to enable the demanding party to contest tile claim, (B) IfinfOlmation is produced in response to a >.l.IbpOetl8 Ihat is subject to 8 claim of privil ege or ofprolection as !rial-preparation material, the person making the claim may notify any party that reCeived tile information of the claim and the basis for il. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has und may not use or disclose llieinfonnation unlil the claim is resolved. A receiving party may promptly present the infonnation to the court under seal for n determination of tile claim. If the receiving plIrty disdosed the infonnation before being notified, it must take reasonable steps 10 rdneve it. The person who proooced the information must preserve the infonnation until the claim is resolved.

(e) CONTEMPT. Failure ofany person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena iSSued An adeqJate cause for failure to obey exists when a 9lbpoena purports to require II nonparty to attend or produce at Il place not within the limits provided by clause Oi) of subparagraph (c)(3)(A).

It:r.AQ88 (Rey J 1(06) SUhpoena jn a GjyHgse

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

Document 165

Filed 07/14/2008

Page 30 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:' 1:07-cv-26-0WW-TAG

TO:

Phillip Dult, M.D.

o

YOU ARE COMMANDED to appear in the United States District cOUli at the place, date, and time specified below to testifY in the above case.
COUR1ROOM

PLACE OF TESTIMONY

DAlE AND TIME

@' YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

8/7/20089:00 am

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_AND_ _ TI_ME

_

o

YOU ARE COMMANDED to pelmit inspection of the following premises at the date and time specified below.

PREMISES

IDATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
" 0.,

ISSUING (oqICfR:'1f:l\{',pATURE AND TITLE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

DATE

RNd\..U
ISSUING i;)j;'FICER'S NAME. ADDRESS AND PHONE NUMBER

7/3/2008

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St, Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 4"" Federal Rules of dvll Procedure, SubdivIsions (e), (d), and (e), on next page)

I

If action is pending in district other than district of issuance, state district under case number.

A9aR

(Bey

12ffi6l §llbpoepa in a

Pri' Qpss
Document 165
PROOF OF SERVICE
DATE PLACE

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

Filed 07/14/2008

Page 31 of 67

SERVED
SERVED ON (pRlNTNAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Phillip Dull, M.D., by and through, Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee DECLARAnON OF SERVER

I declare under penalty ofperjury under the laws ofthe United States ofAmerica that the foregoing infOimation contained
in the Proof of Service is true and correct.

Executed on

7/3/2008
DATE

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil

Procedure~

Subdivisions (c), (d), and (e), as amended on December 1, 2006:
to or e.fftded by the subpoena, qnash or modify Ule SUbpoena or, ifthe party in whose behllif the subpoena is is!,1Jed shows a substantial need for the testimony or malerial lhut cannot be otherwise met without undue hardship ilIld assures that the person to whom the SUbpoena is addressed will be reasonably compensated, the court may order appearance or prodlction only upon apedtied conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.

(e) PR.OTECTION Of PERSONS SUBJECTTO SUllPOHIAS.

(1) A party or lIJl attorney responsible for rhe is!,1Jance and service of a !,1Jbpoena shall take
reasonable 5teps to avai d impolSing W1<h1e burden or expense on a person SUbject La that subpoena. TIle court on behalf of which the subpoena was issued sllall enforce this duty and impose' upon the party or attorney in breach of this duty an appropriate slinction, whim may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to prodlce and pennit inspection, copying, testing, or sampling of designatedelectrooically storedinformati on, books, papers, documents or tangible thing~, or ilH:pection of premises need nol appear in peri;on at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) oflhi srule, a peTSOO commanded to prodJce and permil inspection, copying, testing, or sampling may, within 14 ooys after servi ce of the subpoena or before lhe time IIpecified for complilmce if I.llch time illiells than 14 dayll after s;:elVice, s;:elVe upon the party or altorney designated in the subpoena wrillen obj eclion toprodudng any or all ofUle designated materials or inlpe~tion ofUlepremises- or to producing electroIiicaily stored inforffillti 011 in Uleform orfonnsrequested. Ifoqj ecOOll is made, the party serving the subpoena shall not be entitled to inspccl, copy, test, or spmple the material» or inspect the premises except pursullnt to an order of the court by which Ulesubpoenll was iS5Ued If objection hasbeen made, the party serving the subpoena may, upon notice to the person commllllded 10 produce, move at any lime for an order to compel the production, impectioo, copying, lesting, or sampling. Such all order to cornpcl shall proted OIlY person who is nol a parly or an officer ofa party from significllnt expense resulling from the inspection, copying, testing, or sllJnpling commanded. (3) (A) On timely moti on, the court by which a subpoena was is!,1Jed shall quash ormoditY the sUbpoena if it (i) fails to allow reasofi3ble time for compliance; (ii) requires II person who is nol a party or an officer ofa party 10 travel to a place more lhan 100 milesfrom lhe place where thai person resides, is employedorregulurly transacts bnsinessin person, except that, subject to theprovisiotls of d ause (c)(3)(B)(iii) ofthis rule, such a person may in order to allend lrial be commanded to travel from allY such ploce wiUlin the stale in which Ule trial is held; (iii) reqnires disclosure ofpriviteged or other protected matter and no exception or waiver applies; or (iv) subj ects a person to undue burden. (B) Ii a subpoena (I) requires disclosure of a trade 5t{:ret or other cOllfidenlial research, development, or commercial information, or OJ) requires Iisclosure of an Ill1retained expert's opruon or information nol describing specific events or ocomencesin dspute and resulting from the expert's study made nol allhe request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substanti a1 e:epense 10 travel more than 100 milesto attend trial, Ule courl may, to prolecl a person subject

(I) (A) A person respondng to a subpoena to produce documents shall produce them as they are kept in the usulli course ofbu£"lnes£ or Ghall organize and labet them to cornspond with the categories in the demand (B) H a subpoena does not specify thefonn or forms forprodocing electronically stored information, a person responding 10 a subpoena must produce lhe information in a fonn or forml: in which the per~on ordinarily mninlain~ it or in 0 form or form~ lh~l are re{Jl:oll~lJIy usable. (C) A person responding to a subpoena nl;t'dnot produce thl; 5ame electronically stored information in more than one form. (D) A person responding 10 a wbpOtfiO need not provide discovery of electronically stored information from sources lhat the person identifies as not reasonably accessible beClluse of undue burden or cost. On motioo to compel discovery or 10 quash, the person from whom discovery is sought must show thaI the information sought is not reasonably accessibl e because of undue burden or cos!. If l.hal showing is made, lht court may nooeUleless ordtr discovery from such sources iitht requesting party shows good cause, considering Ult limilllliol'ls ofRul t 26(b)(2)(C). The court may specifY conations for the discovery. (2) (A) "When infonnation suqject to n subpoena is witilheld 011 a claim tim! il is privileged or subject to protection as trial-preparalion materi;J1s, Ule claim shall be made expressly and shall be supported by a descriptiOll of the nature of !he documents, commlll1ications, or things not produced tIIal is sllfficient to enable tile demanding party to contesl tilt claim, (8) Hinformation is prodncedin response to a subpoena thai is subject to a claim of privilege or of protection as trial-preparation material. the person making the claim may notify any party that received the information of the claim and Ihe basis for it. After being notified, a parly must promptly relum, sequester, or destroy the specified information and lIny copies it has and may nol use or disclose the infonnation until Ule claim is resolved. A receiving party may promptly present IIle infonnation!o lhe court under seal for a determination of the claim. H lhe receiving party disclosed the infonnation before being notified, it musltake reasonable steps torelrieve il The person who produced the information must preserve theinfonnation unlilille claim is resolved.
(e) CONTE;MPT. Failureofany person without adequate excuse 10 obey a subpoena seIVedupon that person may be deemed a contempt of the court from which the subpoena issued An adequate cause for failure to obey exi::.1s when a subpoena purports 10 require a nonparty to attend or produce al a place not within the limits provided by clause 0i) of Sllbr~ragraph Cc)(3)(A).

~AQSS

CBey 1?ffi6) Subpoena jn a Cjyil Ose

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

Document 165

Filed 07/14/2008

Page 32 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number: l 1:07-cv-26-0WW-TAG

TO:

Irwin Harris, MD.

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
PLACE OF DEPOSITION Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900 DATE AND TIME

7/16/20089:00 am

o

YOU ARE COlvIl\IANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

o

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
ILD_A_TE_A_ND_TI_ME _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING('Jr"'t '\r/~GNATURE AND TITLE GNDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
I

DATE

~nrj\.).)

7/3/2008

ISSUIN(J}<FICER'S NAME, ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule4j, Federal RUles of dvll Procedure, SUbdivisions (C), (d), and (e), 011 next page)

I

If action is pending in district other than district of issu3Ilce, state district under case number.

AO?? (Rey 12ffi6) Subpoepa in a CjYi! Cass

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 33 of 67

SERVED
SERVED ON (pRJNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Irwin Harris, M.D., by and through, Mark Wasser
SERVED BY (pRJNT NAME)

Facsimiie & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARAnON OF SERVER
I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing infOlmation contained in the Proof of SelVice is true and COlTect.

Executed on

7/3/2008
DATE

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTION Of PERSONS SUBJOCTTO SUBPOENAS. (1) A party or an auomey responsible for the is&lance and service ofa &lbpoena shall take reasonable steps to avoid imposng uncb.le burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce lhis duly and impose upon t.he party or attorney in breach ofthifl duty IlII appropriate Bllficlion, which may include, bUI is nollimiled 10,lo!>t earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and pennit inspection, copying, lesting, or sampling of designaled electronically storedinformati on, books, papers, documents or langible things,. or in~pection of premiG(!~ need not appeu in pereon at the ptace of produclion or inspection unless commaoded 10 appear for deposition, henring or trial. (B) Subject 10 paragraph (d)(2) ofthisrule, a person commanded 10 prodlce and permit inspection, copying, testing, or sampling may, within 14 days after servi ce of the gjbpoe.lla or before Ihe time epecified for compliance if wch lime ie Ieee than lA dayc after cervi ce, ;:eNe upon U\e party or attorney designaledin the sUbpoena written obj ection loprodudng any or all of Ute designated material s or inspt(tion of Ille premi ses ~ or to producing el ectronitally stored information in theform orfonnsrequested. If 0l:!iecli on is made, the pllfty serving the subpoena shnll not be entitled to inspect, copy, test, or sample the mllterillls or inspect the premi .....sexcept pursuant to an order ofthe court by which Ihesubpoena was issued If objection has been made, the p;lrty serving the subpoena may, upon notice to the person commanded 10 produce, move at any lime for all order to compel the production, inspectioo, copying, testing, or sampling. Such an order to compel shall protect any perSOli who is IIOt a party or an officer ofa Pllfty from significant e),:pense resulting from the inspection, copying, lesling, or sampling commllllded. (3) (A) On timely motion, the court by which a subpoena WIIS issued shall qlash ormodify the subpoena if it (i) fails to allow reasonable time for compliance; (Ii) requires a person who is not a party or an offi cer of a parly to travel to a pi ace more tflan 100 milesfrom the place wherelhat person resides, is employedorregularly transacts businessin person, excepllhat, subject to Iheprovisions of douse (c)(3)(B )(iii) oftJlis rule, such a person may in order 10 attend tlial be commanded 10 travel from any such place within Ihe !>tale in which the trial is held; (iii) requires di sc10sure of privileged or other protected matter and no exception or waiver applies; or (iv) suttlects a person to unwe burden. (B) Ifa subpoena (i) requires di sdosure of II trade secret or other confidential research, development, or commercial infonnation, or (ii) requires disclorore of an wtretained expert's opinion or information Dot describing specific events or occurrencesin dispute and rerolting from the expert's ;,tudy made not al the request of all)' party, or (iii) requires a person who is not a party or an officer of a party 10 incur sub,slanlial expenseto travel more Ihan 100 milesloaltertd trial, the court may, to protect a person SUbject

to or affected by the SLlbpOellR, quash or modify the subpoena or, ifthe ptlrty in whose behll1f the subpoena is issued shows II robstanlial need for the testimony or material that carmot be otherwise mel without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the CO\1rt may order appearance or production only upon specified condilions..
(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) (A) A person responding to a subpoena to produce documenls shall produce them as they are kept in the usual coune ofbUli:ine~s or shall organize and label them to cOlTe&pOnd with the categories in the demand (B) If a subpoena does nol specify thefonnorformsforproducing electronically stored inforllllltion, a person responding 10 a subpoena must prodUce Ihe infonnation in a fonn or forms in which the perron ordinarily maintains it or in a form or forml;' !JIllt are real;'onably usable. (C) A person responding to 0 subpoena need not produce the saffie electronically stored information in more than one form. (D) A person respollding to 0 subpoena need not provide discovery of electronically stored information from sources that Ihe person identifies asnot reasonably accessible because of undue burden or co!>t. On motion 10 compel discovery or to quash, the person from whom discovery is sought must show that lite informaliOlI soughl is nol reasonably accessible because of undue burden or cosl. If that showing is made, tlle court may nonetheless order discovery from such sources iflhe requesting party shows good cause, considering (he limitations ofRuI e 26(b)(2)(C). TIle court may specify conditions for the discovery. (2) (A) When infonnntion S'll~ect ton SUbpoena is withheld on a claim tlmt it is privileged or subject to protection as trial-preparation malerials, the claim shall be made expressly and >hall be supported by a description of Ihe nalure oithe documents, communications, or things not produced !hat is sufficielll to euable the demanding party to roulesl Ul~ claim. (B) IT infonnation is pr-oduced in response 10 a subpoena Ihal is subject 10 a daim of privilege or of prolection liS trial· preparation material, the person making the claim may notify any party thai received the infonnation of tlle claim and Ihe basis for it. After being notified, a party must promptly return, sequester, or destroy the specified informalion and any copies it has and may not use or disclose the infonnation until the claim is resolved. A receiving pnrty may promptly present the infonnation 10 the court under seal for a determination oithe claim. If the receiving party disclosed the infonnation before being notified, il must take reasonabl e steps to relrieve it. The person who produced the informalion must preserve the information until the claim is resolved.
(e) CONTE;MPT. Failure of any person without adequale excuse to obey a subpoena served upon that person may be deemeed a contempt of the court from which the subpoena issued An adequale cause for failure 10 obey exi!>ts wlien a subpoena purports 10 require a nonparty 10 attend or produce al a place not within the limils provided by clause (ii) of SUbparagraph (c)(3)(A).

~AQSS CB ey

Case 1:07-cv-00026-OWW-TAG 12/06) SllbpQena in a Civil case

Document 165

Filed 07/14/2008

Page 34 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.C.A.P. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

v.
County of Kern Case Number: ' 1:07-cv-26-0WW-TAG

TO: Joseph Mansour, M.D.

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testifY in the above case. COURTROOM DATE AND TIME

PLACE OF TESTIMONY

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
PLACE OF DEPOSITION Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323.1900 DATE AND TIME
8/5/2008 9:00 arn

o

YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

ILD_A_TE_A_ND_TI_ME

_

o

YOU ARE COlI/ill/lANDED to pelmit inspection of the following premises at the date and time specified below.

PREMISES

IDATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). ISSUING ~l!.~GNATURE AND TITLE UNDICATE IF ATTORNEY FORPLAlNTIFF OR DEFENDANT) DATE

'f\jV.-;jV.)

7/3/2008

ISSUlNQfofFICER'S NAME. ADDRESS AND PHONE NUMBER Eugene~D. Lee, Law Office of Eugene Lee, 555 West Fifth St., SUite 3100, Los Angeies, CA 90013; (213) 992-3299
(See Rule 4.3, Federal Rules of dvll Procedure, Subdivisions (c), (d), and (e), on next page)

1

If action is pending in district other than district of issuance, stale district under case number.

A088 tRey J 2196) SlIbpoena in

i!

PrH 9§s
Document 165
PROOF OF SERVICE
DATE PLACE

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

Filed 07/14/2008

Page 35 of 67

SERVED
SERVED ON (pRlNTNAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mail, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Joseph Mansour, M.D., by and through, Mark Wasser
SERVED BY (pRlNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARA nON OF SERVER I declare underpenaIty ofpeJjury under the laws ofthe United States ofAmerica that the foregoing information contained in the Proof of Service is hue and COlTect.

Executed on

7/3/2008
DATE

SIGNA 'J

p-oAiERVER

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December t, 2006:
or PERSONS SU6JECTTO SUflfOENAS. (1) A party or an attorney responsible for lhe issuance and service of a subpoena shall t~ke reasonable steps 10 avoid imposing undue burden or expense on a person subject. to that subpoena. The court on behalf of which the subpoena was issued shall enfon:e tlris duty and impose upon the porty or nttorney in brench of this doty 80. opproplillte sOIlction, which may include, but is nollimiledto,losl: eamings and a reasonable nuomey's fee. (2) (A) A person commanded to prolilce and permil inspection, copying, lesling, or sampling of designaled electronically storedinfonnatioo, books, papers. documents or tangible UlingG, or iliGpection of premii:eG need not appear in perron at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) oHhi srule. a person commanded 10 prodlce and permit inspection. copying,testing, or sampling may, within 14 days after servi CI! of tile subpoena or before the lime r:pecified for compliance if Wdl time illlel.l!: Ihon 14 d:I}'G after r:olVice, ~lVe upolllhe party or attomey designated in the subpoena written oqjection 10 producing allY or all ofUle designated materials or in::pection oflhepremises - or to producing electronically stored information in theform orfonns requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sompIe the materiah: or inspect the premises except pW"suanl to an order of the cOUl1 by which the subpoena was issued If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any lime for an order 10 compel the prodlction. i1lspection, copyin8, lesling, or sampling. Such an order 10 compel shall protecl any person who is not a parly or an officer ofa party from significanl expense resulting fromlhe inspection, copying, testing. or sanlpltng C1lrnrnanded. (3) (A) On timely motion.tlIe court by which a subpoena wasissued91a11 quash ormodify the sUbpoena iiil (i) fails to allow reasonable time for compliance; (ii) requires II person who is not a party or all officer ofo party to travel to a place more than 100 milesfrom llleploce where that personr~sides,is ernployedQf regularly transacts businessin person, exceptlhat, SUbject 10 the provisions of dause (c)(3)(B)(iii) oflhis rule, such II person may in order 10 attend trial be commanded to travel from lillY such place within the stale in which flle trial is held; (iii) requires dsclosure of privileged or other prolected matter and no exception or waiver applies; or (iv) subj ects a person to unlile burden. (B) If II. subpoena (I) requires di sclosure of alrade secret or other conti (\ential research. development, or commercial infollll3tion, or Oi) requires disclosure of an unretained expert's orinion or infolIDation not describing specific events or occurrences in dispute and resulting from the expert's study made no! at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substlllltial expense 10 travel more than 100 milesto attend trial, th e cOllrt may. to protect II person subject
PROTECTION

(c)

to or nffected by lhe lIIlbpOeflO. quosh or modify the subpoeno or, iithe porty in whose beholf Ihe subpoena is issued ~lOWS II sub!o1anlial need for the testimony or materiallhal cannot be otherwise met without undue hard';hip and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or procklction only upon specified condition9.
(d) DUTIES IN" RESPONDING TO SUBPOENA.

(I) (A) A person responding to a subpoena to produce documents sholl produce them as they are kept in lhe UGulil coUTE:e ofbus,incss or sholl organize lind label them 10 correspond with tlIe categories in the demand. (B) If a subpoena does not specify thefonnorformsforproducing electronically stored infonfllliion. II person responding to 0 !IDbpoellll must produ(.'t' the infonnation in II fonn or forml: in which the perron ordinarily mailllllin~ il or in \I fOl"m or form~ Ihat lire rell~onllbly

usable.
(C) A person rl:::ponding to a 5lIbporna need. not produce the Sllme elecl:roniCllHy stored information in more than one form. (D) A person responding to 0. subpoena need not provide discovery of electronicutly stored information from sources thollhe person identifies as not reasonably accessible becuuse of undue burden or cost. On motion 10 compel <iscovery or 10 quash, the person from whom discovery issought must show that the information sought is not reasonably accessiblebecause of undue burden or cost If tlml showing i s nlade. tile court may nOlleUleless order discovery from RIch sourcesiflhe requesting party shows good cuuse, considering Ule limitulions ofRule 26(b)(2)(C). The courl may specify conei tions for the discovery. (2) (A) When iofonnlltion subjecttoll SUbpoena is withheld OIl a dlrim that ilisprivileged or subject 10 protection as trial-preparation materials, the claim shall be made expressly and s111l11 be supported by II description of Ihe nalure of tile documents, communications, or things not produced that is sufficienl!o enable the demanding party to contest tile claim. (B) If infonnation is produced in response 10 a subpoena thai is subject to a drum of privil ege or of protection as !rial-preparation malerial. the person making the claim may notify any party that received the infonnation of the claim and the basis for it After being notified, a party musl promptly retum, sequeste:-, or destroy the specified informalion and llJIy copies it has and may not use or disclose the infonnation until the claim is resolved. A receiving party may promptly present the infol1llalion 10 Ihe courl Wlder seal for a deternUnatiOll of the claim. If tlIe receiving party disclosed tlIe infonnation before being notified, it must take reasonable steps to retrieve it The person who prowced the information mus1 preserve !he infonnation untillhe claim is resolved.
(e) CONTEMPT. Failure otony person without adequate excuse to obey 0 subpoena served upon that person may be deemed a coIlfernpt tlf tile court from which lilt subpoena issued An adequale cause for failure to obey exists when a subpoena purports to require a nonparty 10 nl1end OJ produce 01 a place not wilhin the Iimils provided by clause Qi) of subparagraph (o)(3)(A).

~AQ88

Case 1:07-cv-00026-OWW-TAG (Rey 121O§) Sphpoena jn a Civil O'Se

Document 165

Filed 07/14/2008

Page 36 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP.

. DISTRICT OF

CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.

County of Kern

Case Number: 1 1:07-cv-26-0WW-TAG

TO:

Maureen Martin, M.D.

o

YOU ARE COIVIMANDED to appear in the United States Disnict court at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301,

(661) 323-1900

DATE AND TIME

8/5/2008 2:00 prn

o

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

Ic..D_A_TE_A_ND_TI_ME

_

o

YOU ARE COMMANDED to pelmit inspection of the following premises at the date and time specified below.

PREMISES

I

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person desigmted, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING 0

'r UJ Md

,

,,~ATURE

AND TITLE ONDICATEIF ATTORNEY FORPLAlNTIFF OR DEFENDANT)

DATE

7/3/2008

ISSUINGd[ leER'S NAME. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 45, Federal RUles of avll ProceUure, Subdivisions (c), (d), Ilfld (e), on fleX! page)

I

If action is pending in district other than district of issuance, state district under case number.

6988 tRey 12106) §nhpoepa in

11

Cjvil Caw

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 37 of 67

SERVED
SERVED ON (pRlNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Maureen Martin, M.D., by and through, Mark Wasser
SERVED BY (pRJNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER
I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing infOimation contained in the Proof of Service is true and eoo·eel.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTlON or PERSONS SUBJECTTO SUBPOENAS. (1) A party or an allomey responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing oodue burden or expense on a person subject to thai subpoena. The court on behalf of which the &lbpoena was issued shall enforce this duty and impose upon the party or IIttorney in breech ofthia duty 1111 appropriate 9111lction, which may include, but is not limited tO,lost earnings and a reasonable attorney's fee. (2) (A) A person oommanded to prowce and pennit inspection, copying, testing, or sampling of designated ele<:tronicajly storedinformati on, books, papers, documents or tangible thinB~ or inspection of premises need nol appear ill penron at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) ofthisrule, a person ccmrnanded to prowce andpermi! inspection, copying, testing, nr sampling m:ry, within 14 days after service of the subpoena or before the time l:pecified for compliance if weh time if>' lw~ thun 14 dllYfO' after r.ervice, f.'elVe upon the party or attorney designaledin the subpoena written ol!jection toproc.hJcingany or all ofU1 e desi goated material s or in~ection of the premi ses ~ or to producing el eClronically stored infonnati on in the form or forms requested. If objecli on is made, the party serving the subpoena shull not be entitled 10 inspecl, copy, le>i, or sumple the moteno.!s or inspect the prcwisesexcept pursuant to an order of the court by which the subpoena was iSg}ed If objection has been made, the party selVing the subpoena may, upon notice to the person commanded to promce, move at any time for an order to compel the promction, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is no! a party or an officer ofa party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely molion, the court by which a subpoena was issued shail quash ormodify Ule subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not II party or an officer ofa party to travel to a place more than 100 miles from Uleplace where that personresides,is employed or regularly transacts businessin person, except that, SUbject to theprovisions of dause (c)(3)(B Hiii) ofthis rule, such a person may in order 10 attend trial be commanded to travel from any such place within Ihe state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) Ifa subpoena (i) requires asclosure ofa trade secret or other confidential research, development, or commercial infonnation, or (ij) requires disclosure of an unretained expert's opruon or infonnation not describing specific events or ocrnrrences in lispule and resulting from the expert's study made not at the request of any palty, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to rravel more than I 00 miles to attend trial, the courl may, 10 protect a person subject
to or affected by .the subpoenB, quash or mocify the subpoenll or, ifthe party in whose beholf the subpoena is issued shows a substantial need for the lestimony or material that cannot be olherwise met without undue hardship and assures that the person to whom the SUbpoena is addressed will berellsonably compensated, llle court may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOEHA.

(1) (A) A person responding to a subpoena to produce dornrnents shall produce them as they are kept in the usual courl:e ofbu~ness or shall organize andtabel them to correspond with Ule categories in the demand (B) If a subpoena does not specify Ibefonn orformsforproduciD8 eleclronicaily stored infonnalion, a person responding to a subpoena must produce the infonnalion in 6 form or forml: in which the peJ"l1On ordinarily maintoinl1 it or in a form or forml: thai are rear.onably usable. (C) A person responding to a SIIbpoenanetd not produce the same ele,tronically stored information in more than one form. (0) A penron responding 10 n subpooon neednol provide discovery of electronically stored information from sources Ibat the person identifies as nol reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person :from whom discovery i s sought must show that the information sought is nol reasonably accessible because of undue burden or cost. If that showing is made, the cowt mllY nOllelheless order discovery from g}ch sources if the requesting party showsgood cause, considt:ring Ule limitations ofRul!' 26(b)(2)(C). The court mil)' specify conditions for the discovery. (2) (A) When information sulliecltoa subpoena is wiUlheld on a claim Uilli il isptivileged or subject to protection as trial.preparation materials. the claim shall be made expressly and shall be supported by a description of the nalure of the documents, communications, or Ulings not produced Ihal is sufficient to enable the demanding party to ,onlesltne claim. (B) Ifinfonnation is producedin response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify all)' party thai received Ibe infonnlltion of the claim nndthe basis for it. After being notified, a party must prompUy return, sequester, or destroy the specified information and any copies it bas andmay not use or disclose the infonnation until the claim is resolved. A receiving party may promptly present the infonnafion to the courtl1l1der seal for a determinati 011 of the claim. If Ule receiving party disdosed the infonnation before being notified, it musllake reasonable steps 10 retrieve it The person who prornced Ibe information must. preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey II subpoena served upon that person may be deemed a cordempt of the oourt from which the subpoena issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at 8 place nol within the limits provided by clause (ii) of Sllhparngnph (c)(3)(A).

12131992-3299
TELEPHONE

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

LAW

Document 165 oF OFFICEFiled 07/14/2008

ELEE@LOEL.GOM

Page 38 of 67 EMAIL
WWW.LOEL.COM WEBSITE

E U G ENE
(2131 596-0487
FACSIMILE

L E E

555 WEST FIFTH STREET SUiTE 3100 Los ANGELES, CAI.IFORNIA 9001 3-1 01 0

FAX
To:
Fax Number: 2135960487 Pages: 11 (including cover page) Re: Jadwin/KC: Deposition Subpoenas/Notices From: Law Office of Eugene Lee

Date: 07/0312008

Comments:
Mark, More depo subpoenas.

!;r"AQ88

Case 1:07-cv-00026-OWW-TAG (Rey I')JQQl Sll!WQena io a CiYil Ose

Document 165

Filed 07/14/2008

Page 39 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN

DISTRICT OF

CALIFORNIA

David F, Jadwin, D.O., F.C.A,P.

SUBPOENA IN A CIVIL CASE

V.

County of Kern

Case Number:' 1:07-cv-26-0WW-TAG

TO:

Albert McBride, MD.

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

@' YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

7/22/20089:00 am

o

YOU ARE COMMANDED to produce ane! permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

ILD_A_TE_A_ND_TI_ME----:-::-----:

_

o

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES

I

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING ( , .'IGNATURE AND TITLE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

7/3/2008
ISSUING 0 FICER'S
NA~IE,

ADDRESS AND PHONE NUMBER

Eugene

. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 4j, Federal RUles of dvll Procedure, Subdivisions (c), (d), and (e), OIl nexi page)

I

If action is pending in district other lhan district of issuance, state district under case number.

0988

fRey

J 2/06) Snbpoena

in a Qiyj!

yPss

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 40 of 67

SERVED
SERVED ON (pRINT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Albert McBride, M.D., by and through, Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARA nON OF SERVER I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing information contained

in the Proof of Service is true and correct.

Executed on

7/3/2008
DATE

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules ofCivi! Procedure, Subdivisions (e), (d), and (e), as amended on December 1,2006:
(c) PROTECTION Of PERSONS SUBJECTTO SUBPOE~IAS. (1) A party or an attorney responsible for the issuance and service of 11 subpoena shall take reasonable steps to avoi d imposing Wlwe burden or expense on 0 person subject to that SUbpoena. 11Ie court all behalf of which the subpoena was issued shall enforce this duty and impose upon the party 01" attorney in breoch of this duty lI.Il appropriate sonclion, which moy include, bul is not limiled 10, lost earnings and a reasonable atlorney's fee. (2) (A) A person commanded to produce and pennit inspection, copying, lesling, or sampling of designaled electronically stored information, books, tnJpers. documenls or tangible thingl1, or inl1pection of premi~el1 need nol appear in person at the place of production or inspection unless commanded to appear for deposition, bearing or trial. (B) Subject to paragraph (d)(2) oflhisrule, a person commanded toproduce ond permit inspection, copying, testing, or sampling may, within 14 days after servi ce oithe subpoena or before Ihe time cpecified for compliance if I1Ilch lime ill Ie>:>: Ihall14 days after l1ervicc, rerve upon the party or attorney designated in the sutpoenll written objection toprowcing lillY or all ofthe desi goated materials or impection of Ute premi ses - or to producing el etl:ronicnlly stored informati on in theform or forms requested. Ifobj eclion is made, Ihe party serving the sUbpoeno shall not be entitled to inspect. copy. test. or .mmple the materials or inspect the premises except pursunnt to an order oftlIe court by which the subpoena wasissued If objection has been mode, the party serving Ute subpoena may, upon nolice to the person commllflded 10 produce, move at any time for an order to compd the production, inspection, copying, testing, or sampling. Such an order to compd shall protect any person who is not a party or an officer of a party from significant expense resulting from tIJe inspecl.ion, copying, testing, or sumplillg commanded. (3) (A) On timely moti on, the court by which a subpoena was issued shall cp.1ash ormodify tlle subpoena if it (i) fails 10 allow reasonable time for compliance; (ii) requires a person who is nol a party or an offi cer of a Pill"ty to travel to a place more than 100 miles from the place wherelhal person resides, is employed orreguhuly transacts businessin person, excepl th81, subject 10 the provisions of dause (c)(3 )(B)(iii) ofthis rule, such u person may in order to attend trial be commanded 10 Iravel from any such place within the state in which the !Jial is held; (iii) requires dsclosure of privileged or other protected matter and no exceptioll or wni ver appli es; or (Iv) suQi eets 11 person to undue burden. (B) If a subpoena (I) requires cisclosure of a trade secrel or other confidential research, developmenl, or commercial infonnalion, or (ii) requires cisdosure of nn tmretnined expert's opnion or information nol describing specific events or ocrorrencesin dispule lind resulting from the expert'S &udy made not at Ihe request of any party, or (iii) requires a person who is nol a party or an offi cer of a party to incur substnnti al expetlse 10 travel more Ihan 100 mileslo attend trial, Ihe cOill"l may, to protect a person subject
to or affected by the: subpoeno, quash or modify the SUbpoena or, if the: party in whose behalf dIe subpoena is issued shows a substantial Deed for the lestimony or material Uut calmo! be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the l;ourt may order appearance or proooction only upon tipeci:fied conditions.
(d) DUTIES IN RLSPONDING TO SUBPOENA.

(1) (A) A person resPJndng to a subpoena 10 produce documenls shall produce Ihem as they are kept in the u~uol coun;:e ofbusinel1s 01" dlall organize and label them to cOlTespond with the categories in Ihe demand (B) If a subpoena does nol specify the fonn or forms for producing el ec1ronically stored information, a person responding to a subpoena must produce the information in a fonn or form~ in which the pen:on ordinarily mmntll.inl;' il or in a form or form~ thai are reul;'onably usable. (C) A person rtsponding to a subpomaneednot produce the same electronicnlly stored information in more than one form. (D) A pel"l1On responding to D subpoena need not provide diSCilVcry of electronically stored information from sources thallhe person identifies as nol reasonably accessible because of undue burden or cost. On motion to compel di seovery or 10 quash, the person from whom discovery issought must show thai the information soughl is not reasonably accessible because of undue burden or cost. If thai showing is made, IIle cowt may nonellltiess order discovery from !>1.1ch sources iflht requesting party shows good caust, considering lilt limitations ofRule 26(b)(2)(C). Ihe courl may specify conditions for Ihe discovery. (2) (A) When information subjecllo a subpoena is withheld on a claim that it is privileged or snbject to protection as trial-prepill"ation materials, the claim shall be made expressly and shall be supported by a description oflhe nalure of Ule documents, communiciltions, or Ulings not produced that is sufficimllo enable Ille demanding party 10 contesllhe claim. (B) If information is produced in response 10 a subpoena Ihat is subject to a claim of privilege or of protection astrial-preparalion material, IIII' person making the claim maynotity any plIrty thol received the infonnation of tile claim lllld Ihe basis for it. After being notified, 11 party must promptly return, sequester, or destroy the specified information and any copies il has and may not use or disclose the infonnation until the claim is resolved. A receiving party miIY promptly present the infonnolion to the court under senJ for 11 delermination of tile claim. If the receiving party disclosed the information before being notified, it must lake reasonable steps 10 retrieve it. The person who pl"Owced the information must preserve the infonnation until the claim is resolved.

(e) CONTEMPT. Failure oiany persOIl without adequate excuse to obey a subpoena servedupon that person may be deemed a contempt of the court from which the subpoena issued An
adequate cause for failure 10 obey exists when a subpoena purports to require a nonparty to attend or produce 01 a place nol within the limits provided by clause (ii) of subparagraph (c)(3)(A).

~AQ88

Case 1:07-cv-00026-OWW-TAG (Bev J?ffi6) SlIbpoena jn a Ciyil Case

Document 165

Filed 07/14/2008

Page 41 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.C.A.P.

DISTRICT OF

CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.

County of Kern

Case Nmnber: 1 1:07-cv-26-0WW-TAG

TO:

Barbara Patrick

o

YOU ARE COMMANDED to appear in the United States District cOUI1 at the place, date, and time specified below to testify in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

8/14/2008 1:00

prn

o

YOU ARE COMMANDED to produce and pennit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_AND TI_ME __

_

o

YOU ARE COMMANDED to pennit inspection of the following premises at the date and time specified below.
ILD_A_TE_A_ND_TI_ME _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING (J~' i~' GNATURE AND TITLE aNDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

,

---~

DATE

r;./

J

7/3/2008

ISSUING qFFICER'S N.'~IE, ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(see Rule <1.3, Federal Rules of Qvll Procedure, Subd.lvlslons (e), (d), ami (e), on next page)

I

If action is pending in district other than district of issuance, state district under case number.

AO§§ (Rey J210 6) §I!hpoepa

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

ip p£jyB OBS

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 42 of 67

SERVED
SERVED ON (pRlNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Barbara Patrick, by and through Mark Wasser
SERVED BY (pRlNTNAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER
I declare under penalty ofperjUly under the laws ofthe United States ofAmerica that the foregoing infOlmation contained
in the Proof of Service is true and C01Tect.

Executed on

7/3/2008
DATE

SIGNATCiFS~VER
Eugene D. Lee
ADDRESS OF SERVER

~

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rille 45, Federal Rilles of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December t, 2006:
(e) PROTECTION or PERSONS SUBJECTTO SUBPOENAS. (1) A party or an aUorney responsible for the issuance and service ofll subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person oobjeu to tllal subpoena. The court 00 behalf of which tile 5Ubpoena was issued shall mforce this duty ilfld impose upon the pllrty or IIttorney in breach of this duty 80 appropri ate sllnction, which mRy include, but is not limited to, lost earnings and a reasOiluble attorney's fee. (2) (A) A person commanded to prochJce and permit inspection, copying, testing, or sampling of designated electronically storedinformuti on. books, papers, documents or langible thinB~, or lIlI:pection of premi&e~ need not appear in per,;;on at the place of production or inspection unless commanded 10 appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) ofthisrule, a person commanded 10prochJce andpermil inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time ~pecified for compliance if G'Uch time i~ le~l:than 14 day,;; after ~ervice, wrve upon lheparty or attorney designatedin the subpoena written oqection loprowdng any or all ofthe desi gnated materials or in "'Pection of U\ e premi ses ~ or to producing el ectnmically stored informati 00 in theform or fonnsrequested. If o~ ecti on ismade, the party serving the subp()(:na ..nail not be entitled 10 illspecl, copy, ter;t, or sample the materials or inspect the premises except pursuant to an order ofthe court by which the subpoena wnsissued. If objection has been made, tht party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such all order 10 comptl shall protect any person who is not a parly or an officer oCa party from significant expense resulting from lhe inspection, copying, testing, or sanlpling commanded. (3) (A) On timely motion, the court by winch a subpoena was issued SIail quash ormocify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a Pilfty or an officer ofa party 10 lJave! to a place more than 100 miles from tbeplace where that personresides,is employed or regularly transacts businessin person, except thal, subject to theprovisions of douse (C)(3)(B)(iii) ofthis rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which lhe trial is held; (iii) requires di sclo5Ure of privileged or other protected matter and no exception or waiver applies; or (iv) su~ects a person to undue burden. (B) IT a subpoena (I) requires cisclosure of 0 trode secrel or other confidential research, development, ' or commercial infonnation, or (ii) requires disclorure of ao unretained expert's o(inion or infonnation not desaibing specific events or occurrences in dispute and rerotting from the expert's study made not at the request of allY party, or (iii) requires a person who is not a party or an offi cer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to prot.ect a person subject

to or affected by tile subpoena, qURsh or modify Ihe subpoena or, if the plllty in whose behlliC the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise md without undue hardSJip and assures that the person to whom the subpoena is addressed will bereasonably compensated. the court may order appearance or production only upon apecified condtiona.
(d) DUTIES IN RESPONDING TO SUBPOENA.

(I) (A) A person responding to 0 subpoena to produce documents shall prodlce Ulem as they are kept in Iht u~ual courre of business or diall organizt and labtl them 10 correspond with the categories in the demand (B) If asubpoena does nol specify the fonn or forms for producing electronically stored infOlmalion, a person responding 10 a subpoena must produce Ule infonnation in a fonn or forml.: in which the perron ordinarily mnintain~ it or in a form or form,;; that He re:ll:OnaWy usable. (C) A person responding to a subpoena need not produce the same t1ectrQnically stored information in more than one form. (D) A person responding 10 a S1Jbpoeno. need not provide discovery of elecl:roniClllly stored inforrnotioo from sources that the person identifies as not reasonably accessibl1:: because of undue burden or cost. On motion to compel discovery or to quash, the (X:rson from whom discovery is sought musl show Ulat the information sought is not reasonably accessibl e because of uudu!: bun!t:n or cost. If lIlat showing is made. the court may nonellle!ess order discovery from such sources ifthe requesling party shows good cause, cOllsidtring tile limitations ofRule 26{b)(2)(C). The courl may specify conations for the discovery. (2) (A)Whell infonnation !llI~ect toa subpoena is withbeld 011 a daim thalltisprivileged or subject to protection as trial-preparation materials. the claim shall be made expressly and shall be supported by a description of the nature of the documents. communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (8) If information is p"oducedin response to 8 subpoena Ihat is subject to a claim of plivilege or of protection as trial-preparation malerlal, the persoll making the claim may notify any party that received the infonnntion of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy tile specified information and any copies it has and may nol use oc disclose the information until the claim is resolved. A receiving party may promptly present the infonnation to the cow"! under seal for a determinati on of Ule claim. If the recti ving party disclosed the information before being notified, it must lake reasonable steps to retrieve il The person who pro~ced the information must: preserve Ihe infonnation until !:he claim is resolved.
(e) CONTEMPT. Failureofany person without adequateexcuseto obey a subpoena served upon thai person maybe deemed a coll1empt of the court from which the subpoena issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty 10 attend or produce at a plllce not within the limits provided by clause (ii) of subpamgmph (c)(3)(A).

~AQRR

Case 1:07-cv-00026-OWW-TAG (Bey ]?(Q6) Subpoena jn a Ciyil Case

Document 165

Filed 07/14/2008

Page 43 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.C.A.P. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE
Case Number: l 1:07-cv-26-0WW-TAG

v.
County of Kern

TO:

Scot1 Ragland, MD.

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

lit

YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
Holiday Inn,

PLACE OF DEPOSITION

801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

8/13/2008 9:00 am

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I_D_A_TE_AND TI_ME _.,...,-...,__ _

_

o

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
\_D_A_TE_AND TI_ME __ _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUlN9: 'f~pitfIi11ill.GNATURE AND TITLE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

""

DATE

f

(\i1\ tJV.J

7/3/2008

IssUlNQ.0FFICER'S NAME. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth S1., Suite 3100, Los Angeles, CA 90013: (213) 992-3299
(see Rule 4.5.l"edeI1l1
RuJ~

of dvll procedure, Subdivisions (e), (eI). and (e). 011 next page)

1

If action is pending in district other than district of issuance, state district under case number.

A9§?

(Rex

121O§)

§Jl!moenp in a Cjril CUBe

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 44 of 67

SERVED
SERVED ON (pRINT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Scott Ragland, M.D., by and through, Mark Wasser
SERVED BY (pRlNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing infOimation contained
in the Proof of Service is true and C01Tect.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555W5thSt., Ste. 3100, Los Angeles, CA90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(I) A party or an attorney responsible for the ismance and service ofa subpoena shall take reasonable steps to avoid imposing untile burden or expense on a person subject to that subpoena. The court on behalf of wllidJ. the subpoena was is:'>1Jed shall enforce this duty and impose upon the PHfty or attorney in breach ofthi!! duty RII appropriate sRIlction, whidl may inclUde, but is not limited 10, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to prowce and pennit inspection, copying, testing, or sampling of designaled electronically stored informatiOll, books, papers. documents or tangible thing,;, or in,;pection of premilile6 need not appear ill perron at llie place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) oflhisrule, 1l pelSOll commanded toprotbce nnd permit inspection, copying, testing, or sampling mllY, witlrin 14 days after servl ce of the stlbpoenll or before the lime l.:pecified for compliallce if Wdl time il; 1e\:1; thull 14 d:!y1; after l.:eIVice. \:eIVe upon \he party or attorney designaledin the subpoena writl.en oqjection 10 producing any or all oithe designated materials or in<;)ection ofllie premi ses ~ or to producing eI eclronicaily stored information in theform orfonns requested. If ol:!iecti on is made, the party serving the subpoena shull not be entitled 10 inspect, copy, iest, or sample the mutenols or jnlqJect the premises except pursuant to an order oflhe court by which the subpoena wasis&led If objection has been made, the party serving the subpoena may, upon notice 10 the person commanded to produce, move at any time for an order to compel the production, inspection, copying. testing, or sampling. Such an order 10 l;ompl:! shull protecl any person whois nOI a party or an officer ofa party from significant expense resulting from Ihe inspecti 011. oopying, testing, or sampling commanded. (3) (A) On timely motion, the court by wlJieh a subpoena was issued :;:hall quash ormodify Ule subpoena iii! (i) fails 10 allow reasonable time for compliance; (Ii) requires a person who is not II party or an officer ofa party to travel 10 a place more thillli 00 milesfrom the place where that person resides, is employed or regUlarly lransacts businessin person, ex:cept thai, subject to the provisions of dause (c)(3)(B)CHi) ofthisrul e, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires di sclosure ofprivileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena 6) requires eli sclosure of a trade secrel or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dspute and resulting from the expert's study mode nol at Ihe request of any party, or (iii) requires a person who is not 8. party or an officer of a party to incur substantial expense to trlIvel more thnn 100 milesto attend trial, the cOllrt may, to protect a person subject

to or affected by the !3lJbpoena, qUllsh or modify the subpoeno. or, lithe pllrty in whose behalf !he subpoena is issued shows 8. substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, tile court may order appearance or production only upon opecified conditions.
(d) DUTIES IN RESPONDING TO

SUBPOENA.

(1) (A) A person responding to a subpoena to produce documents shaJl proooce them as

they llfe kept in the uGual COUT6e ofbu&ineliG or idJail organize and label them to cOITelipondwilh Lhe categories in the demand (B) If 11 subpoena does not specify Iheformorformsfor producing electronically stored inforrnalion, a person responding 10 a SIlbpoena must produce the infomJalioll in a form or form~ in which the per~on ordinarily mninluim it or in u form or forml: that nre rell~onllbly usable. (C) A person responding to 0. subpoenslleed not produce the same eleclrorUl.1llly slored information in more than one form. (D) A person relqJondillB to a subpoena need not. prOVide dj,~covery of electroniCllUy stored information from sources that Ihe person identifies as not reasonably accessible beClluse of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show thai the information sought is not reasonably accessibl e bel;lluse of undue burden or cosl. If thai shOWing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations ofRule 26(b)(2)(C). The court may specify conc:itions for the discovery. (2) (A) When information sul:!ject to a subpoena is withheld on a claim that itis privileged or subject to protection as lrial-preparation materials, the claim shall be made expressly and mall be supported by a deSCription ofillenature of the documenls, communications, or things nol produced that is sufficient to enable the drnlanding party to contest Ihe claim. (8) Ifinfonnation is produced in response 10 a subpoena that is subject to a ctaim of privilege or of prolecti on ns trial-preparation material, the person making the claim may nolify any party that received the information of lhe claim and the basis for it. After being notified, npllrty must promptly return, sequester, or destroy the specifiedinformatioll and any copies it has and mll)' not use or distlose the information until the claim is resolved. A receiving party may promptly present the infomJlltion to the court under seal for a determination of the claim. If !he receiving party disclosed the information before being nolified, il must lake reasonable steps to retrieve it The person who produced theinformalion must preserve theinf()rmalion until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena selVedupon that person may be deemed a CQntempt of \he CQul1 from which the subpoena issued. An adequate l;ause for failure to obey exists when a subpoena purports to require a nonparty 10 attend or prodllce at a place nol within tile limits provided by clause (ii) of sllhparagraph «)(3)(A).

~AQ88

Case 1:07-cv-00026-OWW-TAG (Rey 12106) SJ!hpoeoa in a Cjyjl9se

Document 165

Filed 07/14/2008

Page 45 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE
Case Number: l 1:07-cv-26-0WW-TAG

V.
County of Kern

TO: Savita Sherludke, MD.

o

YOU ARE COMl\1ANDED to appear in the United States Distlict court at the place, date, and time specified below to testifY in the above case.
COUR1ROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition in the above case.
PLACE OF DEPOSITION

Holiday Inn, BOl Truxton Ave, Bakersfield, CA 93301,

(661) 323-1900

DATE AND TIME

7/15/2008 9:00 am

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

ILD_A_TE_A_ND_TI_ME

_

o

YOU ARE COlvlMANDED to pennit inspection of the following premises at the date and time specified below.
ILD_A_TE_AND TI_ME __ _

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING ) ~tfER

yr::::;

_:GNATURE AND TITLE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

DATE

7/3/2008

ISSUIN

·FleER·S N,'~lE. ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(see Rule 4.:l, Fel1eral Rules of dvlI Procedure, SubdIVIsions (c), (<1), and (e), on next page)

I

If action is pending in district other than district of issuance, state district under case number.

608ft

fRey

9% Case 1:07-cv-00026-OWW-TAG
12/96) SJlbposnajD 3Cjyj!

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 46 of 67

DATE

SERVED
SERVED ON (pRlNT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Savita Shertudke, M.D., by and through Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principai, Law Office of Eugene Lee

DECLARATION OF SERVER
I declare under penalty ofperjury under the laws ofthe United Slates of America that the foregoing information contained
in the Proof of Service is tll.le and con"eet.

Executed on

7/3/2008
DATE

SIGNATU ~ SERVER

Eugene D. Lee
ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PR.OTECTION OF PEItSONS SUBJECT TO SUBPOENAS. (1) A party or illl altorney responsible for the issuance and service ofa subpoena shaJllake reasonable steps to avoid impoliing undue burden or expense on a person subject to that subpoena. Thc court on behalf of whim the subpoena was issucd shall enforce this duly and impose upon the party or attorney in breo.cb OfUlis duty lU1 appropriate sanction, whim may include, bUI is nollimited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and pennit inspection, copying, testing, or sampling of designated electronically stored informati on, books, papers, documents or tangible thing!>, or inl;;pedion of premise~ need not appear in perGon al the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject 10 paragraph (d)(2) oflhisrule, a person commanded 10 produce nndpermit inspeclion, copying, testing, or Sllmpling may, wilhin 14 days after service of tile subpoena or before the time Gpecified for camp/hlllce if GIleh time is: 1el:1: thall 14 day!: aftes- !:ervioo, GelVe upon the party or attorney designated inlhe subpoena written objection to producing any or all oiUle desi gnated m ateri al s or inspection of the premi ses ~ or to producing el ectronically stored information in theform orforms requested. Ifoq«tioo is made, the party servingthe subpoena !>hall not be entitled to ins:pect, copy, test, or SlImple tbe mliteriliis or ins:pect the premises except purSUllIlt to an order of the court by which the subpoena wasis9.Jed If objection has been made, the party serving the mJbpoena may, upon notice to the persOll commanded to produce, move al any time for an order to compel the production. inspection, copying, testing, or sampling. Such lin order 10 compel shall protect any person who is not a party or an oli cer of a party from significant expense resulling from the in~"pedion, copying, testing, or sampling commanded. (3) (A) onlimelymotion,the court by which a subpoena wasiSmJed glall quash ormodify the sUbpoena iiit (i) fails 10 allow reasOflable time for compliance; (ii) requires 0 person who is not a parly or an of:fi cer of a party to travel to a pi ace more than 100 miles from the place where thaI perwnrcsides, is employed or regularly transacts business in person, excepl that, subject 10 tlleprovisions of d ause (c)(3)(B)(iii) ofthis rule, sucb a person may in order to attend llial be commanded 10 travel from any such place within the state in which the lrial is held; (iii) requires disclosure ofplivileged or other protected matter and no exception or waiver applies; or (iv) SlI~ ecls 0. person to undue burden. (B) If a !>llbpoena (i) requires disclomJre of a trade secret Or other confidential research, development, or commerci al infonna!ion, or (ii) requires disdosure of on unretailled expert's opinion or infonnation not describing specific events or OCQlITences in dispute and resulting from the expert's study made not at the requesl of any pilrty, or (iii) requires a person who is nol a party or an officer of a party to incur substantial expense to trnvel more than 100 miles to attend trial, the court may, to protect 0. person subject
to or Ilffected by the subpoena, quash or modify tIle subpoenll or, ifthe pIIrty in whose behalf the subpoena is issued shows a substantial need for the testimony or material thaI cannot be oUlerwise met without undue hard.1Jip and assures thaI the person to whom the subpoena is addressed will be reasonably compensated. the f;ourt may order appearancc or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUB POENA.

(1) (A) A person responding to a subpoena 10 produce documents &iJail produce them as they are kept in the ucual course ofbUl:ine~~ or Gil aI I organize andl abel them to colTe&pond with Ihe categories in the demand (B) If 11 subpoena does not specify thefonn orformsforproduring eI ectronically stored information, f1 person responding to a !>llbpoena must produce the infonnntion in a Conn or form~ in which the peftOn ordinlll"ily maint2in~ it or in 2 form or form~ UlRl lire relll:onably usable. (C) A person responding 10 II subpoenaneed not produce tllC same electronically stored information in more thun one form. (D) A person recpondins to II GUbpocno. need n'ot provide discovery of e1eClTonically stored informati on from sources that the person identifies llS not reasonnbly accessible because of undue burden or cost. On motion to compel discovery or 10 quash, the person from whom discovery is sought must show that: the information sough! is not reasonably Ilccessibl e because Ofundue burden or cost If thaI showing is made, tile court may n()lIeUH~It:ss order disrovt'l)' from mJch sources ifthe requesting party shows good cause, considering Ule limitations ofRul e 26{b)(2)(C). The court may specify conditions for the discovery. (2) (A) When infolUlution subject to II subpoena is withheld on a claim that it is privileged or robject 10 protection as trial-preparation materials. the claim shall be made exPressly and shnll be supported by a desctipti 011 ofille nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to conlest tlle claim. (B) If infonnation is produced in response 10 a mJbpoena thai is subject to a claim of privilege or ofprotecli on as trial'preparalion material. the person making the claim may notif:y any party thllt received the information of the claim and the basis for it After being notified, a party must promptly return, seque!>1:cr, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receivinB party may promptly present the infonnation to Ihe court under seal for a determinnti on of the claim. If the receiving pIIrty disclosed the infonnalion before being notified, it musllake reaSOflable steps 10 retrieve il The perS1ln who produced the information must preserve tile information until the claim is resolved.

(e) CONT~MPT. Failure ofnny person wilhout adetjuate excuse to obey a subpoena served upon that person may be deemed a f;on1empt of the court from which the subpocna issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of SUbparagraph (o)(3)(A).

~AQ88 (Bey ]1/06) SJlbpQena in a

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

Document 165

Filed 07/14/2008

Page 47 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP.

DISTRICT OF

CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.

County of Kern

Case Number: I 1:07 -cv-26-0WW-TAG

TO: Toni Smith, R.N.

o

YOU ARE COMMANDED to appear in the United States Disltict COUlt at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY atlhe taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

8/6/2008 9:00 am

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

ILD_A_TE_A_ND_TI_ME_-,--,-

_

o

YOU ARE COMMANDED to pennit inspection of the following premises at the date and time specified below.

PREMISES

I

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
, ' ,NATURE AND TITI.E QNDtCATEIF ATTORNEY FOR PLAlNTIFF ORDEFENDANTj
CW-- i----Jf('.J,.,

DATE

713/2008

ISSUING FleER'S NAME, ADDRESS AND PHONE NUMBER

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 'lj, Federal Rwes of Ovll Procedure, Subdivisions (c), (d), and (e), on next page)

I

If action is pending in district other Ihan district of issuance, state district under case number.

6988

(Rey

12(06) §!!bnoena in a CjYiI

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

ease

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 48 of 67

SERVED
SERVED ON (pRINT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Toni Smith, R.N., by andthrough, Mark Wasser
SERVED BY (pRlNTNAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee DECLARATION OF SERVER

I declare under penalty ofperjUlY underthe laws ofthe United States ofAmerica that the foregoing infOimation contained in the Proof of Selvice is true and COlTect.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(e) PROTECTION or PERSONS SUBJtcTTOSUBPOENAS. (1) A party or an atlomey responsible for the issuance and service of a subpoena shall take

reasonable steps to avoid imposing unOOe burden or expense on a person subject to that subpoena. TIle court on bebalf of which the subpoena was issued shall enforce Uris duty and impose upon the party or ottorney in breach oflJliS" duly an appropriale sanction, which may include, but is not limiled to, lo!>t earnings and a rensonable attomey's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically storedinformati on, books, papers, documents or tangibl e things, or inspection of premif>es need not appear in per~on al lhe pllIce of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) oflhisrule, a person <:ommanded to produce and permit inspection, copying, testiJlg, or sampling may. willrin 14 dllys after service of Ole !,1.lbpoena or before the time IIpecified for compliance if l.'lll:n lime ill 1l.!1111Ihan 14 dayllllfter lIervice, relVe upon Ule party or attorney designllted in the subpoena written ol:tiection to producing any or all ofthe desi guated materials or inspecti on of lheprellli ses- or to producing cl ectronkally stored informali on in theform orfonns requested. If O~ectiOil ismade, the party selVinglhe subpoena shall nol be entitled to inspect, copy, test, or romple Ihe materials or inspect the premi &t!sexcept pursuant 10 an order o!Ule court by which theSUbpOffia wasis9.led If objection hasbeen made, Ule party serving !he subpoena may, upon notice 10 Ule person <:ommanded to prOdul;e, move at any time for an order to compel the prowction, inspection, copying, testing, or sampling. Sudliln order to <:OInpel shall protect any person who is not II party or an ofliter ofa party from signifkanl expellse resul ling from the inspedion, <:opying, testing, or sanlpling <:ommanded. (3) (A) On timely motion, the <:ourt bywhidl a subpoena was issued shall quash ormodify the subpoellll if it 0) fails to allow reasonable time for compliance; (ii) requires II person who is nola parry or an officer ofa parry to travel to 8 plllce more than 100 miles from thepltite where thai person resides, is employed or regularly transacls business in person, except that, SUbject to lheprovisions of dause (c)(3)(B)(iii) ofthis rule, such a person may in order to attend trial be commanded to travel from any suth pla<:e within the state in whith the trial is held; (iii) requires distlosure of privileged 01" other protected matter and no exteption or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires dis<:losure of a trade Setret or other confidential research, development, or commercial information, or (ij) requires cisclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, Of (iii) requires a person who is not aparty or an officer of a party to intur substantial expense to travel more than 100 mileslo attendtrial, the cOIITtmay, to proletl a person subject

to or lIffected by Ule subpoena, qUR.!lh or modi1» Ule SUbpoena or, if the party in whose behlllf the SUbpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assur~ that the person to whom the subpoena is addressed will be reasonably compensated, the tourt may order appearunce or production only upon specified conditionS".
(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) (A) A person responding to a subpoena 10 produce documents shllli produce 1J1em as they are kept in the u~ull.l course ofbusinesll or Ilhall organize andlubel them 10 correspond with the categories in the demand (B) If a subpoena does nol specify Ole fonn orformsforproduclug electronically stored information, a person responding to 0 Sllbpot'fla must produce the infonnation in a form or form~ in which thl.' perron ordinarily maintain~ it or in a form or formll that are reallonabty usable. (C) A person responding lo a subpoena neednot produte the same elettronititlly stored information in more than one form. (D) A per~on responding to II SUbpOe>J1I need nol provide di~covery of elccITonically stored informaDon from sources Ulat the person identifies as not reasonably a<:cessible because of undue burden or COSI. On motion to compel di~covery or to quash, the person from whom discovery is sought must show that Ule information sought is not reasonably a<:cessible because ofuudue burdt11 or toot. If that showing is made, the <:ourt ma), nonetlIekss order discovery from such sourtes if the requesting pany shows good <:ouse, <:OIIsidering Ole IimitatiollS ofRule 26(b)(2)(C). The <:ourt may specify tonditions for the dis<:ovel)'. (2) (A) W!JEfI infonnation SllQiect to a subpoena is withheld on a claim thai it is privileged or subject to protection as trial-preparation materials. the claim shall be made e),,"Pressly and shall be supported by a description of lhe nature ofUle documents, oommwlications. or things not produced that is sufficient to enable the demanding party to contesllhe claim. (B) If information is produced in response 10 a subpoena Ihol is SUbject to a cI aim of priVilege or of protection as trial-preparation material. the person making the d aim may notify any part}' that received the infonnation of the claim and the basis for it. After being notified. a party must prompUy return, sequester, or destroy the specified information and any topies it has and may nol use or distlose Ule infonnatioll until the claim is resolved. A receiving party may prompUy present the infonnation to lhe <:onrt under seal for a determination of the claim. If the receiving parly disdosed the infonnntion before being notified, it must take reasOflable steps to retrieve it. The person who prodJcecl the information mus! preserve the information until the claim is resolved.

(e) CONTEMPT. Failure ofany person withoUllldequllte extuseto obey a subpoena servedupoo that person may be deemed a contempt of the court from which the subpoena issued An ade<plate <:ause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a plate not within the limits provided by clause (ii) of subparagraph «)(3)(A).

Case 1:07-cv-00026-OWW-TAG TELEPHONE
(2131 596-0487
FACSIMILE

(2131 992"3299

LAW

Document 165 oF OFFICE Filed 07/14/2008

ELEE@LOEL.COM

Page 49 of 67 AIL E ....
WWW.LOEL.COM
WEBSITE

E U G ENE

L E E

555 WEST FIFTH STREET SUITE 3100 Los ANGELES, CALIFORNIA 900 1 3-1 a 10

FAX
To:
Fax Number: 2135960487 Pages: 5 (including cover page) Re: Jadwin/KC: Deposition Subpoenas/Notices

From: Law Office of Eugene Lee
Date: 07/03/2008

Comments:

Mark,
Last set of depo subpoenas.

'l>JaAQ88 (Rey 11106) Sphpoena in a Qyil Case

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

Document 165

Filed 07/14/2008

Page 50 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, 0.0., F.C.A.P. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:' 1:07-cv-26-0WW-TAG

TO:

Ray Watson

o

YOU ARE COMMANDED to appear in the United States Disuict court at the place, date, and time specified below to testify in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[iJ' YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION Holiday Inn, 801 Truxton Ave, 8akersfield, CA 93301, (661) 323-1900 DATE AND TIME

8/14/2008 9:00 am

o

YOU ARE COMMANDED to produce and pelmit inspection and copying ofthe following documents or objects at the place, dale, and time specified below (lisl documents or objects):

PLACE

ILD_A_TE_A_ND_TI_ME

_

o

YOU ARE COMMANDED to permit inspection of the following premises at the dale and time specified below.
ILD_A_TE_A_ND_TI_ME _

PREMISES

Any organization not a party to this suit that is subpoenaed for the laking of a deposition shall designate one or more officers, direclors, or managing agents, or olher persons who consenllo teslify on its behalf, and may sel forth, for each person designaled, the matters on which the person willlestify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUINGOFfif:EP'\¥-r~ATURE AND TITLE ONDICATEIF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

%r ~/fCJJ

DATE

713/2008

ISSUING OfI CER'S NAME ADDRESS AND PHONE NUMBER

Eugene

rr. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013: (213) 992-3299
(See Rule 4.:1, Federal Rules of dvll Procedure, Subdivisions (e), (d), and (e), on nexl page)

1

If action is pending in district other than district of issuance, state district under case number.

6088

(Rey

12/96) StlbpPSny in? Gjyi' £pss

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

Document 165
PROOF OF SERVICE PLACE

Filed 07/14/2008

Page 51 of 67

SERVED
SERVED ON (pRlNTNAME)

71312008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Ray Watson, by and through Mark Wasser
SERVED BY (pRlNT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipUlation
TITLE

Eugene D, Lee

Principal, Law Office of Eugene Lee

DECLARAnON OF SERVER I declare under penalty ofperjUly under the laws ofthe United States ofAmerica that the foregoing infOlmation contained
in the Proof of Service is hue and correct.

Executed on

713/2008

DATE
Eugene D, Lee
ADDRESS OF SERVER

555 W 5th St., Ste, 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTION OF PERSONS SUBJECTTO SUBPOENAS.

(1) A party or an atlomey responsible for the issuance and service of II. subpoena shall take reaoonable steps to ilvoid impo~ng widue burden or expense on 0 person subject to that subpoena. The court on behalf of whicb the subpoena was issue-d shall enforce tins duty and impose upon the pllrty or Ilttorney in brellch oHhis duty Ilfl Ilppropriate sllflction, which mll)' include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to prochJce and pennil inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible Ihingst, or instpeclion of premil:est need not appear in pcrl>Oll at the p1nce of production or inspedion unless commanded 10 appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) ofthi srole, a person commaJIded to produce andpermil inspection, copying, testing, or sampling mfI'j, wilhin 14 days after service of the subpoena or before the time ~pecifi ed for compliance if wclt lime i~ lell~ than 14 day~ after ~ervice, ~erve upon the party or attorney designllfed in the subpoena written ol:!ieclion to producing any or all ofthe desi goaled materials or inspection of the premi ses - or to producing el ectronically stored information in the form orfonnsrequested. If o~ tl:ti on is made, the party selVingthe subpoena shall not be entitled to in..pect, copy, test, or ..ample the material .. or Inspect the premise.. except pmsuant to an order of the court by which llJe subpoena wasisooed If objection has been made, the party serving the subpoena moy, upon notice to the person commanded 10 produce, move al any time for an order 10 compellhe production, inspectioo, copying, testing, or sampling. Such an order 10 compel shall protecl allY person who is 1I0( a party or an officer ora party from significllllt expense resulting from the inspection, copying, testing, or sampling oommwHled. (3) (A) On timely rnotioo, Ihe court by which II subpoena was issued roall quash or modify the SUbpoena if it (j) falls to allow reasonable lime for compliance; (ii) requires a person who is llot a party or an off! cer of a party to travel to a place more Ullm 100 miles from theplo.ce where that persol1resides, is employed or regUlarly transacts businessin person, except that, SUbject to the provisions ofdause (C)(3)(B)(iii) ofthis rul e, such a person may in order to attend lrial be commanded to travel from any such place within the state in which llJe trial is held; (iii) requires dsdosure ofprivileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) !fa subpoena (i) requires dsclosure of a trade secret or other confidential research, development, or commercial information, or (ij) requires disclosure of an unretained expert's orinion or information not describing specinc events or oCQlrrences in disfRJte lind resullingfrom the expert's study mode nol at Ille request of any party, or (Iii) requires a person who is nol a party or an ofn eer of a party to incur substantial expense to travel more than 100 mileslo attend lrial, the court may, 10 protect aperSOll subject

to or Ilffeded by the subpoena, quush or modiry the subpoena or, if the party in whose behll1f the subpoena is issued shows a substantial need for Ule testimony or material that carulOt be otherwise met without undue hardship and assures that the person to whom llie subpoena is addressed will be reasonably compensated, the court may order appeill1lnce or production only upon Ilpecified cooditionll.
(d) DUTIES IN RESPONDING TO SUBPOENA. (t) (A) A person responding to a subpoena to produce doUlments shall prochJce them as

llJey are. kept: in the usual course ofbusinesst or shull organi2e and tabel them to correspond with the categories in the demand (B) If a subpoena does nol specify the form or forms for producing d ectroni cally gored information, a person responding to a subpoena must produce Ule infonnalion ill a fmm or forml: in which the perl:on ordinllTily mainlain~ it or in a form or forml: UI~t He real:onably usable. (C) A person responding to a subpoenaneednot produce the same electronically slored information io more than one form. (D) A person rei>ponding to a wbpoCS1a need not provide discovery of etectroniClllly stored information from sources Ulai the person identifies as not reasOllllbly accessible because of undue burden or cost. On motion to compel disc;overy or to quash, the persoo from whom discovery is sought nlusl show that the information sought is nol reasonably accessible because of undue burden or cosl. If lhal showing is made, Ihe court may nooetheltss order discovery from such sourcesiflhe requesting parly shows good Clluse, coosidering Ihe limitations ofRuit 26(b)(2)(C). The court may specify conditions for (he discovery. (2) (A) When infonnation sul:!iecllOIl SUbpoena is withheld on II claim thai itisplh~leged or subject to prolection as trial-preparation materials, the claim shall be made expressly and shall be supported by 8 description of the nature of the documents, communications, or lhings not produced that is sufficient to enable the demanding party to contest the claim. (B) Ifinfunnalion is produced in response 10 a .!.1lbpoena that is subject to a claim of privilege or ofprotecti on as trial-preparation material. the person making the claim may notify any party llJllt received the infonnation of the claim and the basis for H. After being notified, 11 party must promptly return, sequester. or destroy the specified information and an)' copies it has and may nol use or disclose the infonnation until the claim is resolved. A receiving party may promptly present the information to the court Wider seal for 11 determination oflhe claim. If the receiving party disclosed the infonnation before being notified, it must take reasonable steps 10 retrieve it The person who produced !he information musi preserve Ihe infonnation until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon thnt person may be deemed 1I contempt of the court from which the subpoena issued All adequate cause for failure to obey exists when a subpoena purports to require allonparty to attend or produce al II place not within the limits provided by danse (Ii) of subparagraph (o)(3)(A),

tq.AQ88 (Rey 11006) Subpoena in a CjyB pse

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

Document 165

Filed 07/14/2008

Page 52 of 67

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP. DISTRICT OF CALIFORNIA

SUBPOENA IN A CIVIL CASE

V.
County of Kern Case Number:' 1:07-cv-26-0WW-TAG

TO:

Tai Yoo, MD.

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TIME

[)if YOU ARE COMMANDED to appear at the place, date, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

Holiday Inn, 801 Truxton Ave, Bakersfield, CA 93301, (661) 323-1900

DATE AND TIME

7/23/2008 3:00 pm

o

YOU ARE COMMANDED to produce and pennit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

I

DATE AND TIME

o

YOU ARE COlvlMANDED to penni! inspection of the following premises at the date and time specified below.

PREMISES

IDATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf: and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
SIGNATURE AND TI'ILE ONDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

J-.!
ISSUIN FFICER'S NAME, ADDRESS AND PHONE NUMBER

7/3/2008

Eugene D. Lee, Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013; (213) 992-3299
(See Rule 4j, Federnl Rules of CIvil Procedure, sulXllvlslons (c), (d), and (e), on nexl page)

I

If action is pending in district other than di&trict of issuance, state district under case number.

A9§R

(Bey 1219ft) SUhposna in 9(fiyi' eijRs

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

Document 165
PROOF OF SERVICE
PLACE

Filed 07/14/2008

Page 53 of 67

SERVED
SERVED ON (pRINT NAME)

7/3/2008

Law Offices of Mark Wasser, 400 Capitol Mall, Ste 2640, Sacramento, CA 95814
MANNER OF SERVICE

Tai Yoo, M.D., by and through Mark Wasser
SERVED BY (pRINT NAME)

Facsimile & U.S. Mail, First Class to Mark Wasser per stipulation
TITLE

Eugene D. Lee

Principal, Law Office of Eugene Lee

DECLARATION OF SERVER I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing information contained in the Proof of Selvice is true and correct.

Executed on

7/3/2008
DATE

ADDRESS OF SERVER

555 W 5th St., Ste. 3100, Los Angeles, CA 90013

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PR.OTECTION OF PERSONS SUBJECTTO SUBPOENAS.

(1) A party or an attorney re~onsible for the issuance and service of a sutvoetla ~all take
reasonable steps to avoid imposing W1due burden or expense on a person StIbject to that subpoena. TIle court on behalf of which the subpoena was issued shall enforce this duty and impooe upon the parly or attorney in breach of this duty Wl appropriate sanction, which mllY inclUde, bul is nollimited 10, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designaled electronically s1oredinformation. books, papers, documents or tangible thing~, or in~pection of premil>e~ need nol nppenr in perron nt the place of production or in!>pection unless commanded to appear for deposition, hearing or trilli. (B) Subject 10 paragraph (d)(2) ofthisrule, a person commllJJded to produce and permit inspection. cOllying, testing, or sampling may, within 14 days atter service ofU\e subpoena Of before lhe time I/pecified for compliance if I:llch time il/lellll thnn 14 d\IYlI after I/ervice, \:I.!IVe upon the party or altomey designatedin the subpoena written oQiection toproihJdng any or all oHile desi gnated materials or in 'Pection oflb e premi ses~ or to producing electronicaJly stored information in theform orfonnsrequested. Ifo~ ection is made, the party servinglhe subpoena shall nol be entitled to inspect, copy, test, or $urnpJ.e the materials or inspect the prerni lieS eICcept pursuant to an order of the court by which the subpoena wnsissued If objection hashten made, the party serving the subpoena may, upon notice to the person commanded to produce, move al any time for an order to compel the production, inspection, wilying, testing, or sampling. Such an ortler 10 compel shall proleclany person who is not a parly or an officer ofa party from significant expense resulting frolll the inspection, wpying, testing, or sampling commanded. (3) (A) OnlirnelymotiOll, the court by which a subpoena wasiS&led !'t.lall qtInsn ormodifY Ihe subpoena if it (0 fails 10 allow reasonable time for compliance; (ii) requires il person who is not a party or an ofli cer of a party to travel to a place more lhan 100 miles from thepla<:e wherelhal person resides, is employed or regularly transacts businessin person, ex:cep! that, subject to lheprovisions of dause (c)(3)(B)(iii) ofthis rul e, such a person mll)' in order to attend trial be commanded to travel from any such place within the siate in whidllhe trial is held; (iii) requires disdo!rore of privileged or other protected matter and no exception or waiver applies; or (iv) !robje<:ts a person to undue burden. (B) If a &Ibpoena (I) requires disclosure of a trade secret or other confidential research, development, or commercinl infonnation, or (Ii) requires disdo!.1lre of an unretained expert's opnion or information nof describing specific events Of ocrorrences in dispule andresulting from Ole expert's &udy made not at the request of any party, or (iii) requires a person who is nol a party or an officer of a party to incur subslantial expense to !ravel more than 100 mileslo attend trial, the court may, to protect a person subject

to or affected by the !l1lbpOellll, qUlUlh ormolify Ihe subpocnll or, if the party in whose behalf Ole SUbpoena is issued shows a subst.antial need for the test.imony or material that cannot. be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably <:ompensated, the coun may order appearance or production only upon specified conditions..
(d) DUTIES IN RESPONDING TO SUBPOEHA.

(1) (A) A person resJXlll(ing to a subpoena 10 produce documents shall produce them as they are kept in the u~ual COUCl:e ofbugjne~~ or dtall oraanize and tabel them to COITeI>pond with !he categories in the demand (B) If asubpoena does not specify thefonn or forms for producing electronically fiored informalion, a person responding to a subpoetla must. produce the infonnation in a form or form" in which U\e penron ordinarily mninlaim it or in a form or form" Ihat are reu"onably uSlible. (C) A person responding to a subpoena need not produce the same e1eclroni cally stored information in more tlilin one form. (D) A person responding to lll:Ubpoma need not provide discovery of electronically s10red information from soun::es that the person identifies IIsnol reasonably accessible because of undue burden or cosi. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information soughl is nol reasonably accessible because ofundut: burden or cost If tI\at showing is made, tile courl 1O'irj nonetheless order discovery from stich SQurcesiftherequestingparty shows good cause, considt:ring lJlI' Iimilalions ofRule 26(b)(2)(C). The court may specifY concUions for the discovery. (2) (A) When infonnalion subject to 0. subpoenil is withheld 00 a claim that it is privileged or SUbject to protection as trial-preparation malerials, the claim shall be ffi3de expressly and ~all be supported by a description ofllle nature of the documents, communications, or things not produced that is sufficient to enable !lie demanding party to contest Ib.e claim. (B) If infonnation is produced in response to II subpoena that is subject to a d aim of priVilege or ofprotectioo as lrial'preparation material. Ihe person making the cI aim may nOlify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specifiedinformalion lind lilly copies it has and may not use or disclose theinfonnation until Ule claim is resolved. A receiving party m\IY promptly presentlhe infonnation to Ihe courl under sew for a determination of the claim. If lhe receiving party disclosed the infonnlllion before being notified, it musllake reasonable steps to retrieve it. The person who produced theinformlliion mus!: preserve lhe information until the claim is resolved.

(e) CONTEMPT. Failllre of any person without adequate excuse to obey a subpoena seiVedupon that person may be deemed II <:ontempt of the oo11rt from wh.ich the subpoena issued. An adequate cause for failure to obey exists when a subpoetla purports 10 require a nonparty to attend or produce 81 II place not within the Iimils prOVided by clause 0i) of suhparagraph (c)(3}(A).

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

Document 165

Filed 07/14/2008

Page 54 of 67

EXHIBITD

Page 1 of 1

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent:

Document 165

Filed 07/14/2008

Page 55 of 67

Eugene D. Lee [elee@LOEL.com] Monday, June 23, 2008 8:35 PM mwasser@markwasser.com

To:

Subject: Expert Depos

Mark, Plaintiff wishes to depose Dr. Burchuk and Sarkisian and request they bring documents/data with them. Please let me know available dates at your earliest convenience. We'll need full days.

Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 TeL (213)992-3299 Fax: (213)596-0487 E - ill a i I: e1ee@! DEL.com Web sit e: www.LOEL.col11 B log: www £:.a.LaborLaw &Q.!U

This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

o

California Labor & Employment Law 810g

7/14/2008

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent:

Document 165

Filed 07/14/2008

Page 1 of2 Page 56 of 67

Eugene D. Lee [elee@LOEL.comj Tuesday, June 24, 2008 10:42 AM mwasser@markwassercom

To:

Subject: RE: Expert Depos

Mark, We're also going to want to depose Dr. Allen. I'm still waiting for dates of availability to depose your experts. I'm working on getting you our experts' dates of availability.

Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E ~ mail: e1eel(/lLOEL.cOlll Web sit e: www.LOEL.com B log: ~y.my,J::.'l.LaborLIDv.com.

This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

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o

California Labor & Employment Law Blog

From: Mark Wasser [mallto:mwasser@markwasser.comj Sent: Tuesday, June 24, 20089:08 AM To: elee@LOEL.com Subject: RE: Expert Depos

Gene, The Defendants want to depose Reading, Rizzardi, Weiss and Levinson. Give me dates when they are available and we can set all 6 depositions. There is one problem with the data that Reading forwarded. It does not include any psych testing data. Burchuk specifically needs the SCID I and II scores. Without that, we will request that Judge Wanger allow Burchuk to administer the tests necessary to develop those scores. Let me know whether Reading will release that information.

7/14/2008

Case 1:07-cv-00026-OWW-TAG
Thank you. Mark

Document 165

Filed 07/14/2008

Page 2 of2 Page 57 of 67

From: Eugene D. Lee [mailto:elee@LOEL.com]

Sent: Monday, June 23, 2008 8:35 PM
To: mwasser@markwasser.com Subject: Expert Depos
Mark, Plaintiff wishes to depose Dr. Burchuk and Sarkisian and request they bring documents/data with them. Please let me know available dates at your earliest convenience. We'll need full days.

Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES. CA 90013 Tel: (213)992-3299 Fax: (213)596-°487 E - III a i I: elee@LOEL.com Web sit e: www.LOEL.com
B log:
ffivw.CJlLJJ!wIl,.J1W..J';.9.D1

This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error. please notify the sender by reply e-mail and delete the message and any attachments.

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California Labor & Employment Law Blog

7/14/2008

Page 10f2

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent: To:

Document 165

Filed 07/14/2008

Page 58 of 67

Mark Wasser [mwasser@markwasser.com] Tuesday, July 01, 2008 2:34 PM 'elee@LOELcom'

Subject: RE: Dr. Reading Gene, Sarkisian is available July 23 and 24. We can set Burchuk for after his return from vacation. He returns on July 27. I am in trial July 29 to JUly 31 but will be available after that. I have not yet heard from Allen but will keep following up. I have a deposition in another case on July 11 and a pretrial conference in that same case on July 18. So, those dates do not work for me. If we postpone the July 14 hearing on the motion to transfer then I can do Levison on the 14th So, we have possible dates for Sarkisian, Levison and Burchuk. We still need dates for Reading, Weiss and Allen. Mark

From: Eugene D. Lee [mailto:elee@LOELcom] Sent: Monday, June 30, 2008 3:56 PM To: mwasser@markwasser.com Subject: Dr. Reading

Mark, I just got off the phone with Dr. Reading. He's available on July I I and 18. Please let me know what works for you. It may make sense for you to create a master calendar with the tentative de po dates of all deponents for Plaintiff and Defendant, since most of the deponents are on your side. Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - ill a i I: oo@1LOEL.com We b s it e: www.l.OEL_~com B log: www.CaLaborLaw.com

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--------------------------------------------------------------------

7114/2008

Page 1 of 1

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent: To: Cc:

Document 165

Filed 07/14/2008

Page 59 of 67

Mark Wasser [mwasser@markwasser.comj Tuesday, July 01, 2008 8:25 PM 'elee@LOEL.com' Assistant to Mark A. Wasser (aremly@markwasser.com)

Subject: RE: Burchuk Gene, I will consent to shorter notice so long as we set the deposition on a mutually agreeable date. August should be fine. July is getting jammed. I will get some dates from Burchuk as soon as he returns. Mark

From: Eugene D. Lee [mailto:elee@LOEL.com] Sent: Tuesday, July 01, 2008 7:55 PM To: mwasser@markwasser.com Subject: Burchuk

Mark, We're going to serve a subpoena duces tecum on Dr. Burchuk, so it appears we'll actually need to depose him in August (30 days out) and will need alternate dates, unless you're willing to waive the 30 day reqt. Please let me know, either way. Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - ill a i I: ~~~~LOEL.colll Web sit e: www.LQ..E.L,.(,&01 B log: www.CaLaborLaw.com

This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

--------------------------------------------------------------------

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California Labor & Employment Law 810g

7/14/2008

Page 10f2

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From:

Document 165

Filed 07/14/2008

Page 60 of 67

Mark Wasser [mwasser@markwasser.comJ Thursday, July 03, 20086:57 AM 'elee@LOEL.com'

Sent: To:

Subject: RE: Depositions
Gene, Which depositions will be obviated by an agreement on authentication of documents? We will gladly resolve that issue if you are able to identify the deponents in question. Which depositions will be obviated by an agreement on filing the second amended complaint? Let me know. Mark

From: Eugene D. Lee [mailto:elee@LOEL.com]

Sent: Wednesday, July 02, 2008 10:13 PM
To: mwasser@markwasser.com

Subject: Depositions
Mark, Your fax oftoday was cut off. I couldn't read it. Nevertheless, from the fragment that did transmit, I gather you are complaining that Plaintiff is requesting too many depositions. As you may recall, that argument didn't work with the interrogatories and it won't work with depositions. The notion that Plaintiff's request to depose defendants is somehow abusive lacks merit. The other deponents are key witnesses for obvious reasons which Plaintiff has discussed with Defendants almost from the beginning of discovery. If Defendants were willing to stipulate to certain facts, that would be a different story. If Defendants were willing to stipulate to authentication and business records exception of documents, some depos might not be necessary. However, Defendants have made it a point to be as uncooperative and obstructive as possible, refusing to stipulate to even the simplest of things. As a result, there have been exceedingly few stipulations in this action. The most recent example of this is defendants refusal to stipulate to Plaintiff's filing of the Second Amended Complaint. Now Defendants complaint Plaintiff is requesting too many depositions. Defendants cannot have it both ways. It is Defendants who have chosen to make this action as costly and burdensome as possible for all concerned. Plaintiff will proceed with noticing the depositions. If this needs to go to motion litigation, that would be a patent waste of the Court's time. However, it would be entirely consistent with Defendants' longstanding strategy of patently obstructing and abusing the discovery process and forcing even the smallest disputes to go to motion litigation. In any case, if that is what is necessary, then so be it. At the conclusion of this action, Plaintiff fully intends to seek statutory attorney fees for the time spent dealing with Defendants' abusive tactics and intentional obstructionism. Sincerely,

7114/2008

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

Document 165

Filed 07/14/2008

Page 61 of 67

EXHIBITE

Page Ion

Case 1:07-cv-00026-OWW-TAG
Mark Wasser
From: Sent: To:

Document 165

Filed 07/14/2008

Page 62 of 67

Mark Wasser [mwasser@markwasser.com] Thursday, July 03, 2008 7: 17 AM 'elee@LOEL.com'

Subject: RE: Depositions

Gene, You do love the dance. I don't. Defendants will sign a stipulation to authenticate any documents that will obviate the need for a deposition. You identify which documents you want authenticated with regard to a given deponent and we will stipulate to their authentication in return for avoiding the deposition. It is that simple. Mark

From: Eugene D. Lee [mailto:elee@LOEL.com]

Sent: Thursday, July 03, 2008 7: 12 AM
To: mwasser@markwasser.com Subject: RE: Depositions

Mark. You let me know if Defendants are actually willing to sign the stipulation to authentication and business records exception to hearsay on documents which I sent to you multiple times over the past few months. Otherwise. responding to your inquiries is as much a waste oftime as proposing stips has thus far been. Sunke it to say that I am serious about eliminating depos in exchange ii)r a stip. The question is. are you serious about this meet and confer, or are you just wasting more of Plaintiffs time.

Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-°487 E - III a i I: s:leerc/iLOEL_,~_Qill Web sit e: www.LOEL.com B log: www.Cl.lLaborLaw.com

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7/14/2008

Page 2 of3

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

Document 165

Filed 07/14/2008

Page 63 of 67

California Lahol" & ErnploYlYlient l<H'l Slog Fonner' CIA Operative Sues Agency for Suppr-essing
July 2: 1 2003

From: Mark Wasser [mailto:mwasser@markwasser.com]

Sent: Thursday, July 03, 2008 6:57 AM
To: elee@LOEL.com

Subject: RE: Depositions
Gene, Which depositions will be obviated by an agreement on authentication of documents? We will gladly resolve that issue if you are able to identifY the deponents in question. Which depositions will be obviated by an agreement on filing the second amended complaint? Let me know. Mark
From: Eugene D. Lee [mailto:elee@LOEL.com] Sent: Wednesday, July 02,200810:13 PM To: mwasser@markwasser.com Subject: Depositions

Mark, Your fax of today was cut off. I couldn't read it. Nevertheless, from the fragment that did transmit, I gather you are complaining that Plaintiff is requesting too many depositions. As you may recall, that argument didn't work with the interrogatories and it won't work with depositions. The notion that Plaintiff's request to depose defendants is somehow abusive lacks merit. The other deponents are key witnesses for obvious reasons which Plaintiff has discussed with Defendants almost from the beginning of discovery. If Defendants were willing to stipulate to certain facts, that would be a different story. If Defendants were willing to stipulate to authentication and business records exception of documents, some depos might not be necessary. However, Defendants have made it a point to be as uncooperative and obstructive as possible, refusing to stipulate to even the simplest of things. As a result, there have been exceedingly few stipulations in this action. The most recent example of this is defendants refusal to stipulate to Plaintiff's filing of the Second Amended Complaint. Now Defendants complaint Plaintiff is requesting too many depositions. Defendants cannot have it both ways. It is Defendants who have chosen to make this action as costly and burdensome as possible for all concerned. Plaintiff will proceed with noticing the depositions. If this needs to go to motion litigation, that would be a patent waste of the Court's time. However, it would be entirely consistent with Defendants' longstanding strategy of patently obstructing and abusing the discovery process and forcing even the smallest disputes to go to motion litigation. In any case, if that is what is necessary, then so be it. At the conclusion of this action, Plaintiff fully intends to seek statutory attorney fees for the time spent deali\lg with Defendants' abusive tactics and intentional obstructionism. Sincerely,

7114/2008

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Gene Lee

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-------------------------------------------------------------------LAW OFFICE OF EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-°487 E-mail: clee@l.QE.L.cOl1l Web sit e: www_LQEL.~9I!l B log: www.CaLaborLaw.com

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C::1Hforni,J: LahQrll" Employment law Former CIA Operative :3U8S AI~ency for Suppressing
Ju!y 2 1 2:0{r:);

7/14/2008

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EXHIBITF

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com Bernard C. Barmann, Sr. CA SB #060508 KERN COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 9330 I Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attomeys for Defendants County of Kem, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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DAVID F. JADWIN, D.O.
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Case No.: I :07-cv-00026-0WW-TAG

COUNTY OF KERN, et aI.,
Defendants.

DEFENDANTS' NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF
Date: Time: Place: U.S. Bankruptcy Courthouse, Bakersfield Courtroom 8 Date Action Filed: January 6, 2007 Trial Date: December 2, 2008

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-1DEFENDANTS' MOTION FOR PROTECTIVE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

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TO PLAINTIFF AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE that, on , 2008 at _ .m. or as soon

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thereafter as the matter can be heard in the courtroom of the above-referenced Court at 1300 18 th Street, Bakersfield, California, Defendants will, and hereby do, move the Court for a protective order protecting Defendants from having to respond to further written interrogatories, deposition notices or deposition subpoenas from Plaintiff. The motion will be made on the grounds that, although the Joint Scheduling Order grants Plaintiff "relief' from the 25-interrogatory limit in Rule 33 of the Federal Rules of Civil Procedure and the 10-deposition limit in Rule 30 of the Federal Rules of Civil Procedure, Plaintiff has already served 91 interrogatories and has already taken 16 depositions. Plaintiff has served another 7 interrogatories and has noticed another 17 depositions. Nothing about this case warrants so many interrogatories or so many depositions. Plaintiff has rejected Defendants' attempts to negotiate a reasonable limit on the number of interrogatories and depositions and apparently believes he can submit as many interrogatories and take as many depositions as he wants, without limitation. Defendants have met and conferred with Plaintiff without success in an attempt to resolve this issue. Pursuant to Local Rule 37-251, Defendants have prepared and submitted to Plaintiff a proposed Joint Statement re Discovery Disagreement. Respectfully submitted, Dated: July 14,2008 LAW OFFICES OF MARK A. WASSER

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DEFENDANTS' MOTION FOR PROTEC11VE ORDER RE: FURTHER DEPOSITIONS AND INTERROGATORIES BY PLAINTIFF

By:_-,I",s,-IM,-,-""a",rk",-,-A",-.--,W~as",s",er,--

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


				
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.