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212 P Objections re Special Master

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212 P Objections re Special Master Powered By Docstoc
					Case 1:07-cv-00026-OWW-TAG
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Document 212

Filed 08/27/2008

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O F F I C E

L E E

O F

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August 27, 2008 VIA CM/ECF Hon. Theresa A. Goldner United States Magistrate Judge United States District Court Eastern District of California 1200 Truxtun, Suite 120 Bakersfield, California 93301 Re: Special Master Jadwin v County of Kern, et al. (1:07-cv-26-OWW-TAG) 100011.001

To the Honorable Court: Pursuant to the Order re Appointment of Special Master for Depositions (Doc. 207), Plaintiff hereby objects to the appointment of Kenneth M. Byrum as special master, as well as to the 50/50 allocation of payment of the Special Master’s fees and costs between Plaintiff and Defendants. The difficulties encountered in depositions have not been engendered by Plaintiff, but rather by Defendants. Defense counsel’s 11 speaking objections in a single deposition, as well as numerous improper instructions not to answer to deponents, resulting in the re-convening of no less than 6 out of 10 depositions, demonstrates the degree to which Defendants have obstructed the depositions. As a matter of basic fairness, Plaintiff should not be burdened with the fees and costs associated with appointment of a Special Master, particularly when Plaintiff objects to the appointment of any Special Master. It should be noted that Defendants, not Plaintiff, requested a Special Master. In the event this Court proceeds with appointment of a Special Master, it behooves the Court to know that the remaining depositions in this action will be held in Los Angeles, not Bakersfield. Hence, Kenneth Byrum is not an appropriate choice. Plaintiff nominates Peter Marx of ADR Services or John D. Weiss, Esq., both of whom are from the Los Angeles area and will not require travel or hotel expense reimbursement or fees. Very truly yours,

EUGENE D. LEE cc: Mark A. Wasser


				
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.