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

Document 168

Filed 07/15/2008

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LAW OFFICE OF EUGENE LEE Eugene D. Lee (SB#: 236812) 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: elee@LOEL.com Attorney for Plaintiff DAVID F. JADWIN, D.O.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN, et al., Defendants. Civil Action No. 1:07-cv-00026 OWW TAG PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITIONS & REQUEST FOR SANCTIONS OF $5,880 Date: August 5, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: Discovery Cut-off: Date Set for Trial: January 6, 2007 August 17, 2008 December 2, 2008

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on August 5, 2008, at 9:30 a.m., or as soon thereafter as the parties may be heard, Plaintiff DAVID F. JADWIN, D.O. will and hereby does move this Court, at the U.S. Dist. Ct., Bankr. Crtrm., 1300 18th St., Bakersfield, CA, to compel the taking of depositions as noticed by Plaintiff. The factual and legal bases for this motion will be set forth more fully in the parties’ Joint Statement regarding this discovery dispute, which will be filed on or before July 31, 2008.

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITIONS & REQUEST FOR SANCTIONS

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

Document 168

Filed 07/15/2008

Page 2 of 2

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Plaintiff properly and reasonably noticed 17 depositions. Just days before the first deposition was to begin, Defendants objected, stated their intention to file a motion for protective order and stated their refusal to produce any deponents prior to the Court’s hearing of their motion. Defendants have in effect issued themselves a stay on depositions pending the hearing of their motion in contravention of the FRCP, a fact which Plaintiff has repeatedly brought to Defendants’ attention, to no avail. In so doing, Defendants are blatantly obstruction discovery in this action, as they have done from the beginning. Plaintiff now seeks to move this Court to compel the depositions. Plaintiff further seeks sanctions against Defendants’ for their bad faith conduct as well as the Court’s assistance in re-setting the depositions which Defendants inappropriately stayed. Discovery closes on August 18, 2008. Pursuant to Eastern District Local Rule 37-251, this motion will be based on the Joint Statement to be submitted by Plaintiff DAVID F. JADWIN after meeting and conferring with Defendant COUNTY OF KERN in this case on or before July 31, 2008.

RESPECTFULLY SUBMITTED on July 15, 2008. /s/ Eugene D. Lee LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: elee@LOEL.com Attorney for Plaintiff DAVID F. JADWIN, D.O.

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITIONS & REQUEST FOR SANCTIONS

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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.