216 P MTC Depos re Atty-Client Priv by eugenedlee

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

Document 216

Filed 09/02/2008

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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: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: Date Set for Trial: January 6, 2007 December 2, 2008 Civil Action No. 1:07-cv-00026 OWW TAG PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RE-CONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on August 26, 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 re-convening of depositions. During the course of numerous depositions being conducted by Plaintiff from August 13 - 29, 2008, including the depositions of David Culberson, Ray Watson, Philip Dutt, Sandra Chester, Joseph Mansour and others, defense counsel instructed the deponents not to answer questions relating, among

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RE-CONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS 1

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

Document 216

Filed 09/02/2008

Page 2 of 2

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other things, to certain closed sessions of the Joint Conference Committee at KMC, due to attorneyclient privilege. Each time, Plaintiff immediately explained that the information sought related, among other things, to personnel decisions related to Plaintiff David Jadwin, including his placement on administrative leave and non-renewal of his employment contract with Defendant County of Kern. As such they were not protected by attorney-client privilege. Defense counsel nevertheless maintained his instruction to the deponents not to answer and deponents, after being admonished by Plaintiff, in each case followed their attorney’s instruction. Plaintiff therefore brings this motion seeking to compel reconvening of such depositions and responses by deponents to Plaintiff’s questions. 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 September 23, 2008. The factual and legal bases for this motion will be set forth more fully therein, including the deposition transcripts of the depositions at issue as soon as they are made available by the court reporter.

RESPECTFULLY SUBMITTED on September 2, 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 RE-CONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS 2


								
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