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

Document 176

Filed 07/31/2008

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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. Date Action Filed: Discovery Cut-off: Date Set for Trial: January 6, 2007 August 17, 2008 December 2, 2008 Civil Action No. 1:07-cv-00026 OWW TAG PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLAINTIFF David F. Jadwin hereby moves ex parte for an order shortening time for hearing on his Motion for Protective Order re Expert Depositions (Doc. 175), filed on July 31, 2008, pursuant to FRCP Rules 6 and 30 and Local Rule 6-144. On July 29, 2008, Defendants noticed depositions of Plaintiff’s 4 experts for August 12 to 15, 2008. Plaintiff had previously indicated that Plaintiff’s experts were not available on these dates. In fact, at Defendants’ request, all four of Plaintiff’s expert had not once but twice provided multiples dates of

PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS

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availability for deposition by Defendants. Defendants nevertheless chose to set the depositions of Plaintiff’s experts on dates on which they had indicated they were unavailable. Only one expert has so far indicated to Plaintiff that she may be able to adjust her schedule to be deposed on the date which Defendants unilaterally set. Plaintiff’s other experts have said they will not be available and will therefore be unable to attend their depositions. Pursuant to Local Rule 6-144, Plaintiff apprised Defendants of the situation on July 30, 2008 and asked to meet and confer by the next day on shortening time to hear Plaintiff’s motion for protective order. Receiving no response, Plaintiff had no choice but to file this ex parte application to shorten time. Plaintiff served this Ex Parte Application and associated declaration and exhibits on Defendants by facsimile before 5 p.m. on Thursday, July 31, 2008. This Application is based on these moving papers, the declaration of Eugene D. Lee, counsel of record for Plaintiff, the exhibits attached thereto, and the pleadings and papers on file in this action.

RESPECTFULLY SUBMITTED on July 31, 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 EX PARTE APPLICATION FOR ORDER SHORTENING TIME re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF APPLICATION I, Eugene D. Lee, declare and say, as follows: 1. I am an attorney at law duly licensed to practice before the Federal and State Courts of

California and admitted to practice before the United States District Court for the Eastern District of California. I am the attorney representing Plaintiff David F. Jadwin in this matter. 2. I am making this declaration in support of Plaintiff David F. Jadwin, D.O.’s Ex Parte

Application for Order Shortening Time re: Motion for Protective Order re Expert Depositions. The facts stated herein are personally known to me and if called as a witness, I could and would competently testify to the truth of the facts set forth in this declaration. 3. On July 29, 2008, Defendants noticed depositions of Plaintiff’s 4 experts for August 12 to

15, 2008. Plaintiff had previously indicated that Plaintiff’s experts were not available on these dates. In fact, at Defendants’ request, all four of Plaintiff’s expert had not once but twice provided multiples dates of availability for deposition by Defendants. Defendants nevertheless intentionally chose to disregard these dates when setting the depositions of Plaintiff’s experts. 4. Only one expert has so far indicated to Plaintiff that she may be able to adjust her

schedule to be deposed on the date which Defendants unilaterally set. Plaintiff’s other experts have said they will not be available and will therefore be unable to attend their depositions. 5. Pursuant to Local Rule 6-144, Plaintiff apprised Defendants of the situation on July 30,

2008 and asked to meet and confer by the next day on shortening time to hear Plaintiff’s motion for protective order. Receiving no response, Plaintiff had no choice but to file this ex parte application to shorten time. 6. Plaintiff served this Ex Parte Application and associated declaration and exhibits on

Defendants by facsimile before 5 p.m. on Thursday, July 31, 2008. // // // // //
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I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct.

Dated: July 31, 2008

____________________________________ Eugene D. Lee Attorney for Defendant DAVID F. JADWIN, D.O.

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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.