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

Document 178-2

Filed 07/31/2008

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Eugene D. Lee SB#: 236812 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 Attorneys for Plaintiff DAVID F. JADWIN, D.O.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN, et al., Case No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS 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 18, 2008 December 2, 2008

11 12 Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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

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Plaintiff submits this Declaration of Eugene D. Lee pursuant to Local Rule 37-251(d) in lieu of a joint statement re discovery disagreement. I, Eugene D. Lee, declare 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 Motion to

Compel Depositions & Request for Sanctions. 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. follows: Date 6/30/08 7/1/08 7/2/08 Task Email to Mr. Wasser re depo scheduling. Email to Mr. Wasser re depo scheduling. Billed Time (hrs) 0.5 0.2 I spent 10.7 hours thus far in connection with this motion and the underlying dispute, as

Read fax from Mr. Wasser re deposition abuse. 0.5 Email to Mr. Wasser re deposition abuse.

7/3/08

Emails to/from Mr. Wasser re depo scheduling and alleged depo abuse.

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7/3/08

Finalize and serve deposition notices on Mr. Wasser.

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7/10/08

Read fax from Mr. Wasser re depos, Rog3, RFA1.

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7/11/08 7/11/08

Email to Mr. Wasser re MPO and depositions. Read fax from Mr. Wasser re moton for protective order.

0.5 0.2

7/13/08

Read fax from Mr. Wasser re moton for

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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protective order. Draft ex parte application to shorten time and motion to compel depositions. 5.8

I live in Los Angeles, CA and anticipate spending an additional 3 hours driving to and

from Bakersfield, CA (distance of 97.9 miles per www.maps.google.com), and an additional estimated 1 hour preparing for and attending the hearing before this Court. 5. My regular rate for legal services is $400 per hour. I have charged, and been paid by,

Plaintiff David F. Jadwin $400 per hour in this action. 6. Plaintiff seeks sanctions totaling $5,880 in compensation for the 10.7 hours charged

($4,280), and 4 hours anticipated to be charged ($1,600), in connection with this motion and underlying dispute. 7. My rate is reasonable and consistent with those charged in the Los Angeles area by

attorneys of similar skill and experience. I received my B.A. with honors from Harvard University in 1991 and my J.D. with honors from the University of Michigan Law School in 1995. I was admitted to the New York State Bar in 1996 and worked as an associate in the New York office of Shearman & Sterling from 1995 to 1996. I worked as an associate in the New York office of Sullivan & Cromwell from 1996 to 1997. After a brief leave of absence from practicing law from 1997 to 1999, I returned to active practice as the General Counsel of Tcom America, Inc., a technology venture in Silicon Valley from 1999 to 2002. From 2002 to 2004, I worked as a senior associate for Kim & Chang, a law firm located in Seoul, Korea. In 2005, I was admitted to the California Bar. I have been the principal of Law Office of Eugene Lee since 2005. 8. I attempted several times to secure local counsel to prosecute Plaintiff’s suit but was

ultimately unsuccessful. On September 18, 2006, I sent an email to over 600 members of the California Employment Lawyers Association seeking co-counsel. No attorneys from Fresno responded. On February 28, 2007, I called Andrew Jones, Esq. in Fresno, CA, requesting his involvement as local counsel in this action. Mr. Jones declined.

DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. Executed on: July 31, 2008

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Eugene D. Lee EUGENE D. LEE Declarant

DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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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.