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

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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., Civil Action No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: December 2, 2008 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 counsel of record for Plaintiff. I have personal knowledge of the matters set forth

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

below and I could and would competently testify thereto if called as a witness in this matter. 2. Pursuant to Local Rule 37-251, I attempted to secure the cooperation of Defendants’

counsel, Mark Wasser, to prepare and execute a joint statement re discovery disagreement. On September 23, 2008, I faxed Mr. Wasser a draft version of the Joint Statement re: Discovery Disagreement, requesting his input. I explained that the draft was a work in progress and remained subject to change. 3. Attached hereto as Attachment A is a true and correct copy of the draft Joint Statement

DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 1

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which I served. 4. Statement. To date, I have not received any response from Mr. Wasser regarding the draft Joint

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: September 23, 2008 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 2 /s/ Eugene D. Lee EUGENE D. LEE Declarant

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1 2 3 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 DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 3 ATTACHMENT A

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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. Mark A. Wasser CA SB #06160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 Email: mwasser@markwasser.com Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 Email: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith, and William Roy. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN, et al., Civil Action No. 1:07-cv-00026 OWW TAG JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: MOTION TO COMPEL PRODUCTION Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: December 2, 2008

20 21 Defendants. 22 23 24 25 26 27 28

JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 1

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This joint statement re: discovery disagreement is submitted pursuant to Local Rule 37-251(a) in advance of the September 26, 2008 hearing on Plaintiff’s motion to compel responses to interrogatories and for sanctions. I. DETAILS OF THE PARTIES’ DISCOVERY CONFERENCES

5 6 7 8 9 10 11 12 13 14 15 16 17 II. 18 19 20 21 22 23 24 25 26 27 28 Plaintiff David F. Jadwin, D.O., F.C.A.P., former Chair of Pathology at Kern Medical Center (“KMC”) and senior pathologist from October 24, 2000 to October 4, 2007, filed a Complaint with this Court on January 6, 2007. Plaintiff contends that various defendants retaliated against and defamed him for reporting his concerns about patient care quality issues and regulatory violations at KMC. As a result, Plaintiff was forced to take medical and recuperative leave for disabling chronic clinical depression in early 2006. While Plaintiff was on leave, Defendants demoted him in June 2006 to a staff pathologist for “unavailability” and refused to reinstate him upon his return to work on October 4, 2006. On December 7, 2006, he was placed on involuntary administrative leave and restricted to his home during working hours until May 1, 2007. Around May 1, 2007, Defendant informed Plaintiff of its decision to either “buy out” the remaining term of his contract (due to expire on October 4, 2007) or JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 2 A STATEMENT OF THE NATURE OF THE CASE AND FACTUAL DISPUTES On October 11, 2007, Plaintiff served Requests for Production, Set One (“RPD1”) on Defendant County of Kern. On July 18, 2008, Plaintiff served Requests for Production, Set Three (“RPD3”) on Defendant County of Kern. On January 18, 2008, Defendants served a privilege log on Plaintiff. On January 25, they served a supplemented privilege log on Plaintiff. Defendants have produced documents responsive to the requests in general in multiple installments. However, to date, Defendants have failed to produce documents which they stated they would produce in response to the specific requests detailed below. Moreover, Defendants have withheld documents as indicated in their privilege logs which they should have produced but, to date, have not. The parties met and conferred extensively in person and in writing on the Requests which are at issue in this motion. Defendant initially agreed to produce the documents at various times but ultimately failed to do so. Plaintiff was left no choice but to bring a motion to compel.

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simply let the contract “run out”. On October 4, 2007, Defendants did not renew Plaintiff’s employment contract. Plaintiff’s Complaint alleges whistleblower retaliation, disability discrimination, medical leave interference and retaliation, defamation and deprivation of compensation and professional fees without procedural due process. Defendants contend that the dispute arose out of Plaintiff’s tenure as a pathologist at Kern Medical Center. Plaintiff’s relationship with other members of the medical staff deteriorated to the point of intimidation, hostility and antagonism. Defendants contend, to the extent that any hostile work environment existed, it was caused by Plaintiff. III. THE CONTENTION OF EACH PARTY AS TO EACH CONTESTED ISSUE PRIVILEGE LOG

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 3 16683 16894 Nov-02 14793 15315 10925 10926 3/3/2003 Peter H. Parra Barbara Patrick 9/06 – 12/06 Peter K. Bryan Marvin Kolb A.

Defendants’ privilege log indicates that the following documents were withheld. BATES BATES BEG END 9336 9337 DATE TO FROM CC DOCUMENT REASON FOR TYPE WITHOLDING/ REDACTING Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Memorandum Privileged re Personnel Confidential Item – Adam Personnel, Evid. Lang, M.D. Code 1040 Surgical Confidential Pathology Medical Reports Records (HIPAA) Performance Evaluations – Pathology Department Peer Review, Evid Code 1157 Disciplinary Actions and Involuntary Terminations

2003

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16897

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7/25/2006 David Hill Gilbert Martinez Irwin Harris Philip Dutt 7/20/2006

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1/6/2003 Medical Peter Executive Bryan Committee

Pete Parra

Email relating to Change of Laboratory Director Laboratory Personnel Report re Gilbert Martinez Memorandum

Peer Review, Evid Code 1157

Peer Review, Evid Code 1157

Confidential Personnel Evid. Code 1040

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6/10/2003 Medicine Maureen Navin Search Martin Amin Committee Marvin Peter Kolb Bryan    Eugene Kercher
     

Memorandum Confidential Personnel Evid. Code 1040

Saman Ratnayaki Tai Yoo Memorandum Confidential Personnel Evid. Code 1040

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1/6/2003 Eugene Kercher Marvin Kolb Maureen Martin Tai Yoo

Navin Amin Peter Bryan
     

PLAINTIFF’S POSITION 21 These documents should have been produced long ago. 22 Regarding peer review privilege, this Court has already ruled that there is no peer review 23 24 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 25 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 26 Defendants’ privacy objections do not comply with the Stipulation & Order re Privacy (Doc. 27 137). Doc. 137 states in pertinent part: 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 4 privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response. As for the HIPAA concern stated with respect to surgical pathology reports, that is baseless. Defendants have had no difficulty producing hundreds of pages of surgical pathology reports in this action with patient identifying information redacted. Plaintiff requests an in camera review by the Court of the above withheld documents to determine whether Defendants’ asserted grounds for withholding them have merit. DEFENDANT’S POSITION [INSERT HERE] B. REQUEST FOR PRODUCTION NO. 65

13 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s 14 Pathology Department from January 1, 1999 to the present, including but not limited to corresponding 15 Kern Medical Center pathology reports and reports from outside consultants. 16 RESPONSE TO REQUEST NO. 65 17 Defendants will produce all documents responsive to this request on March 11, 2008. 18 PLAINTIFF’S POSITION 19 The vast majority of documents requested have not been produced and should have been 20 produced long ago. There should be about 800 or more cases, probably 5 boxes full. These are located in 21 files in the pathology office, and some in pathology storage. These are logs of cases that were sent out to 22 outside facilities, both slides and KMC reports. Most will have a report from the outside facility when 23 the slides were returned to KMC after review. 24 DEFENDANT’S POSITION 25 [INSERT HERE] 26 27 28 C. REQUEST FOR PRODUCTION NO. 66

Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs – by JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 5

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pathologist – for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 66 Defendants previously produced documents responsive to this request for years 2001 to 2005. Those documents are bates numbered 0014575 – 0014595. Defendants are continuing to search for documents for years 1999, 2000 and 2006 but have not been able to find them yet. PLAINTIFF’S POSITION Bates numbers 0014575 – 0014595 are Pathology Department Semi-Annual Reports authored by Plaintiff. They do NOT include the information requested, nor have semi-annual reports authored by pathologists OTHER THAN Plaintiff been produced. The vast majority of documents requested have not been produced and should have been produced long ago. The TAT reports should be printed by pathologist for monthly (or quarterly) periods using the HBO reporting system. Ms. Kathy Griffith should know how to generate these reports. Reports should be generated for all pathologists including Drs. Freedman, Ang, Lang, Liu, Jadwin, Dutt, Shertudke, and Yakhoub. Reports can be generated for Surgical Cases (S99- through S08-), Fine Needle Aspiration (F01- through F08-), Non-Gynecologic Cytology (N01- through N08-) and Bone Marrows (B01through B08-). DEFENDANT’S POSITION [INSERT HERE] D. REQUEST FOR PRODUCTION NO. 67

22 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports 23 and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology reports 24 processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone 25 marrow reports, for the time period from January 1, 1999 to the present. 26 RESPONSE TO REQUEST NO. 67 27 Defendants will produce all documents responsive to this request on March 11, 2008. 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 6

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PLAINTIFF’S POSITION Defendants have produced such documents, but only for a subset of pathology reports and for only a restricted time period. The vast majority of documents requested have not been produced and should have been produced long ago. DEFENDANT’S POSITION [INSERT HERE] E. REQUEST FOR PRODUCTION NO. 70

8 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical 9 Center’s Pathology Department during the time period from January 1, 1995 to the present, including 10 but not limited to computer-generated data, monthly peer review records completed by pathologists, and 11 peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. 12 RESPONSE TO REQUEST NO. 70 13 Defendants previously produced documents responsive to this request for 2006. The documents 14 are bates numbered 0014504 - 0014569. Defendants are continuing to search for documents for the other 15 years requested but have not found them yet. 16 PLAINTIFF’S POSITION 17 Bates numbers 0014504 – 0014569 are just peer review logs, a miniscule subset of the 18 documents requested. The vast majority of documents requested have not been produced and should 19 have been produced long ago. 20 The request includes peer review data contained in the peer review Access File maintained by 21 the department secretary (Tracy Lindsey). This should be printed out by year for each and every 22 pathologist in the system (anyone that worked from 2001 onwards). This report should print out case 23 numbers with an associated original pathologist, reviewing pathologist and review code (letter-number): 24 A-C and 0 or 1. This data should be provided in paper and electronic formats. 25 The request also includes corresponding peer review logs that are filled out each month by each 26 and every pathologist. These are also maintained in the pathology office. 27 The request also includes all corresponding peer review sheets containing comments related to 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 7

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review that are filled out by hand by the reviewing pathologist. There should be a review sheet for any consultation (A) and any case scored (“1”). There are about 20 four inch binders in the pathology department containing these sheets completed by the reviewer. Some may be in pathology storage behind the hospital. DEFENDANT’S POSITION [INSERT HERE] F. REQUEST FOR PRODUCTION NO. 71

8 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology 9 on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. 10 RESPONSE TO REQUEST NO. 71 11 Defendants will produce all documents responsive to this request on March 11, 2008. 12 PLAINTIFF’S POSITION 13 Only a tiny subset of the documents covered by this request has been produced. The vast 14 majority of documents requested have not been produced and should have been produced long ago. 15 There should be exceptional event sheets filled out by pathologist and the histology section each 16 month from 2001 to present. Typically there are 5 to 10 sheets generated each month. They are 17 maintained in the pathology office and/or in pathology storage. 18 DEFENDANT’S POSITION 19 [INSERT HERE] 20 21 22 23 24 25 26 27 28 G. REQUEST FOR PRODUCTION NO. 72

Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s Pathology Department from January 1, 2006 to present. RESPONSE TO REQUEST NO. 72 Defendants will produce all documents responsive to this request on March 11, 2008. PLAINTIFF’S POSITION The accession logs produced are a miniscule subset of the documents covered by this request. The vast majority of documents requested have not been produced and should have been produced long JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 8

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ago. These are specimen accession logs in which Ms. Vangie Gallegos or other persons in histology record all incoming specimens that are received each day by the pathology department. It lists the case number, the number of specimens and the labeling of each container DEFENDANT’S POSITION [INSERT HERE] H. REQUEST FOR PRODUCTION NO. 73

8 Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 9 1, 2006 to the present. 10 RESPONSE TO REQUEST NO. 73 11 Defendants object to this request to the extent it requests documents that contain information that 12 is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain 13 privileged peer review information. Without waiving these objections Defendants will produce all 14 documents responsive to this request by December 7, 2007. Defendants will redact confidential and 15 privileged information as appropriate. 16 PLAINTIFF’S POSITION 17 These documents have not been produced. They should have been produced long ago. 18 The request includes all tissue destruction and/or disposal logs for tissue disposed by the 19 pathology department that included skull flaps removed during surgery. 20 Regarding peer review privilege, this Court has already ruled that there is no peer review 21 22 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 23 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 24 DEFENDANT’S POSITION 25 [INSERT HERE] 26 27 28 I. REQUEST FOR PRODUCTION NO. 74 privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 9

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Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 74 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. PLAINTIFF’S POSITION These documents have not been produced. They should have been produced long ago. Regarding peer review privilege, this Court has already ruled that there is no peer review privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. DEFENDANT’S POSITION [INSERT HERE] J. REQUEST FOR PRODUCTION NO. 76

18 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 19 14, 2006 to the present. 20 RESPONSE TO REQUEST NO. 76 21 Defendants will produce all documents responsive to this request by December 7, 2007. 22 PLAINTIFF’S POSITION 23 These documents have not been produced. They should have been produced long ago. 24 The request includes reports generated by the transcription department, which are generated on a 25 daily basis and stored in the pathology office in binders. If there are missing reports, then the 26 transcription department can print the reports by day listing the dictation of each pathologist, the case 27 number, the type of dictation, the length of dictation, etc. 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 10

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DEFENDANT’S POSITION [INSERT HERE] K. REQUEST FOR PRODUCTION NO. 77

4 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from 5 June 14, 2006 to the present. 6 RESPONSE TO REQUEST NO. 77 7 Defendants will produce all documents responsive to this request on March 11, 2008. 8 PLAINTIFF’S POSITION 9 These documents have not been produced. They should have been produced long ago. 10 The request includes reports generated by the transcription department, which are generated on a 11 daily basis and stored in the pathology office in binders. If there are missing reports, then the 12 transcription department can print the reports by day listing the dictation of each pathologist, the case 13 number, the type of dictation, the length of dictation, etc. 14 DEFENDANT’S POSITION 15 [INSERT HERE] 16 17 18 19 20 21 22 23 24 25 26 M. 27 Any and all consultation reports issued by John Hopkins Hospital or John Hopkins University of 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 11 REOUEST FOR PRODUCTION NO. 102 L. REQUEST FOR PRODUCTION NO. 78

Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST FOR PRODUCTION NO. 78 Defendants will produce all documents responsive to this request on March 11, 2008. PLAINTIFF’S POSITION These documents have not been produced. They should have been produced long ago. DEFENDANT’S POSITION [INSERT HERE]

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their affiliates RELATING TO the following KMC medical record numbers: S06-37 806-495 806-3511 806-4619 RESPONSE TO REQUEST FOR PRODUCTION NO. 102 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. PLAINTIFF’S POSITION Some but not all documents were produced. DEFENDANT’S POSITION [INSERT HERE] N. REQUEST FOR PRODUCTION NO. 103

14 Any and all PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the 15 following KMC medical record numbers: 16 S06-4131 17 S06-5229 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 103 19 The numbers listed in this request are not KMC medical record numbers. Nevertheless, 20 Defendants will produce all documents responsive to this request. 21 PLAINTIFF’S POSITION 22 Some but not all documents were produced. 23 DEFENDANT’S POSITION 24 [INSERT HERE] 25 26 27 28 O. REQUEST FOR PRODUCTION NO. 104.

Any and all handwritten notes in this action which were authored by Marvin Kolb during his tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion, JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 12

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termination, anger management, and/or behavior RELATING TO any of the following PERSONS: a. b. c. d. e. f. g. h. i. j. Plaintiff Royce Johnson Edward Taylor Joseph Mansour Scott Ragland Jennifer Abraham Eugene Kercher Irwin Harris Peter Bryan Toni Smith

RESPONSE TO REOUEST FOR PRODUCTION NO. 104 With regard to Plaintiff, all such notes that Defendants are aware of have been previously produced. With regard to the other individuals, Defendants object to this request on the grounds that it calls for the production of information that is protected by the privacy interests of individuals who are not "comparators" as that term has been defined in the reported cases and is not reasonably calculated to lead to the discovery of admissible evidence. PLAINTIFF’S POSITION Defendants are not complying with the Stipulation & Order re Privacy (Doc. 137). Doc. 137 states in pertinent part: IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response. Given that Plaintiff was a chair when he was demoted and a non-chair core physician when he was placed on administrative leave and his contract was not renewed, all core physicians are comparators. It is well settled that Plaintiff is entitled to access comparator evidence to prove his claims. It is not for Defendants to say who is a comparator and who is not for purposes of Plaintiff’s claims. JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 13

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DEFENDANT’S POSITION [INSERT HERE] P. REQUEST FOR PRODUCTION NO. 105.

4 Any and all handwritten notes which were authored by Peter Bryan during his tenure at KMC 5 RELATING TO complaints, investigations, corrective action, discipline, demotion, termination, anger 6 management, and/or behavior RELATING TO any of the following PERSONS. 7 a. 8 b. 9 c. 10 d. 11 e. 12 f. 13 g. 14 h. 15 i. 16 j. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 105 18 With regard to Plaintiff, all such notes that Defendants are aware of have been previously 19 produced. With regard to the other individuals, Defendants object to this request on the grounds that it 20 calls for the production of information that is protected by the privacy interests of individuals who are 21 not “comparators” as that term has been defined in the reported cases and is not reasonably calculated to 22 lead to the discovery of admissible evidence. 23 PLAINTIFF’S POSITION 24 Defendants are not complying with the Stipulation & Order re Privacy (Doc. 137). Doc. 137 25 states in pertinent part: 26 27 28 IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 14 Toni Smith Peter Bryan Irwin Harris Eugene Kercher Jennifer Abraham Scott Ragland Joseph Mansour Edward Taylor Royce Johnson Plaintiff

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core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response. Given that Plaintiff was a chair when he was demoted and a non-chair core physician when he was placed on administrative leave and his contract was not renewed, all core physicians are comparators. It is well settled that Plaintiff is entitled to access comparator evidence to prove his claims. It is not for Defendants to say who is a comparator and who is not for purposes of Plaintiff’s claims. DEFENDANT’S POSITION [INSERT HERE] Q. ASSERTION OF PEER REVIEW PRIVILEGE AND PRIVACY PRIVILEGE

10 In their responses to Plaintiff’s foregoing requests, Defendants at times assert peer review 11 privilege and privacy privilege. 12 PLAINTIFF’S POSITION 13 Regarding peer review privilege, this Court has already ruled that there is no peer review 14 15 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 16 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 17 Regarding privacy privilege, Defendants are not complying with the Stipulation & Order re 18 Privacy (Doc. 137). Doc. 137 states in pertinent part: 19 20 21 22 23 DEFENDANT’S POSITION 24 [INSERT HERE] 25 26 27 The party who prevails on a motion to compel is entitled to his or her expenses, including 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 15 IV. CONCLUSION IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response. privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

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reasonable attorney fees, unless the losing party was substantially justified in making or opposing the motion (or other circumstances make such an award unjust). FRCP 37(a)(5); H. K. Porter Co., Inc. v. Goodyear Tire & Rubber Co. (6th Cir. 1976) 536 F2d 1115, 1124–1125. Plaintiff has met and conferred several times with Defendants in person and in writing, clearing up any “confusion” and responding to any concerns. Despite this, Defendants have insisted on withholding a vast amount of documents in violation of discovery rules and the orders of this Court. Plaintiff requests this court compel Defendants to fully and properly produce documents in response to the foregoing requests without further delay. Pursuant to Rule 37, plaintiff further seeks attorney fees in the amount of $5,120 in consideration of 8.8 of the hours which plaintiff has spent meeting and conferring, preparing this motion and hours Plaintiff anticipates spending attending the hearing on this motion. Finally, plaintiff requests whatever other sanctions this court deems proper and just.

Respectfully submitted,

Dated: September 23, 2008 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 23, 2008

LAW OFFICES OF MARK A. WASSER

By:__________________________________________ Mark A. Wasser, Attorney for Defendants COUNTY OF KERN, PETER BRYAN, IRWIN HARRIS, EUGENE KERCHER, JENNIFER ABRAHAM, SCOTT RAGLAND,TONI SMITH, AND WILLIAM ROY LAW OFFICE OF EUGENE LEE

By:__________________________________________ Eugene D. Lee Attorney for Plaintiff DAVID F. JADWIN, D.O.

JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 16

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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. Mark A. Wasser CA SB #06160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 Email: mwasser@markwasser.com Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 Email: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith, and William Roy. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN, et al., Civil Action No. 1:07-cv-00026 OWW TAG EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: December 2, 2008

20 21 Defendants. 22 23 24 25 26 27 28

EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION 2 EXHIBIT 1: Plaintiff’s Requests for Production, Set One (RPD1) EXHIBIT 2: Defendant’s Responses to RPD1 EXHIBIT 3: Defendant’s First Supplemental Responses to RPD1 EXHIBIT 4: Defendant’s Privilege Log EXHIBIT 5: Defendant’s Supplemental Privilege Log EXHIBIT 6: Defendant’s Second Supplemental Responses to RPD1 EXHIBIT 7: Defendant’s Fourth Supplemental Responses to RPD1 EXHIBIT 8: Plaintiff’s Requests for Production, Set Three (RPD3) EXHIBIT 9: Meet and confer correspondence between the parties EXHIBIT 10: Meet and confer correspondence between the parties EXHIBIT 11: Defendant’s Responses to RPD3 EXHIBIT 12: Meet and confer correspondence between the parties EXHIBIT 13: Meet and confer correspondence between the parties EXHIBIT 14: Meet and confer correspondence between the parties EXHIBIT 15: Meet and confer correspondence between the parties EXHIBIT 16: Meet and confer correspondence between the parties EXHIBIT 17: Declaration of Eugene D. Lee

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 1 EXHIBIT 1: Plaintiff’s Requests for Production, Set One (RPD1)

To: 213-596-0487

From: Law OFFice of Eugene Lee

Pg 1/20 10/11/07 11 :55 pm

(213) 992-3299
TELEPHONE

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

LAW
555

OFFICE

Document 227-2

Filed 09/23/2008 ELEE@LOEL.COM Page 4 of 182

OF

EMAIL

E U G ENE
(213) 596-0487
FACSIMILE

L E E
WWW.LOEL.COM WEBSITE

Los

WEST FIFTH STREET SUITE 3100 ANGELES, CALIFORNIA 9001 3-1 01 0

FAX
To: Fax Number: 2135960487
Pages: 20 (including cover page)

From: Law Office of Eugene Lee Date: 10/11/2007

Re: Jadwin/KC: Requests for Production of Docs, 51

Comments:

Mark, Transmitted herewith are Plaintiff's Requests for Production of Documents from Defendant Kern county, Set One. Sincerely.

To: 213-596-0487

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9

Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 5032 Woodminster Lane Oakland, CA 94602-2614 Telephone: (510) 530-4078 Facsimile: (510) 530-4725 Email: jh@baelo.com Of Counsel to LAW OFFICE OF EUGENE LEE Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

10 II 12 13 14 15 16 17 18 19 20

DAVID F. JADWIN, D.O., Plaintiff,
v.

Case No. 1:07-cv-00026-0WW-TAG PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET ONE) Date Action Filed: Date Set for Trial: January 6, 2007 August 26, 2008

COUNTY OF KERN; et aI. Defendants.

PROPOUNDING PARTY: 21 ANSWERING PARTY:
22

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERN One

SET NO.: 23 24

Pursuant to Federal Rule of Civil Procedure Rule 34, Plaintiff David F. Jadwin hereby requests 25 that you (i) respond in writing to the following requests by no later than November 12,2007, and (ii) 26 produce and permit the inspection and copying ofthe documents described below on November 16, 27 2007,10.00 a.ill. at the Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

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1
2

90013.
DEFINITIONS

3 4 5
6

A.

The term "PERSON" as used herein includes, without limitation, any natural person,

firm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or any other entity.

B.

The terms "YOU" and "YOUR" as used herein include Defendant County of Kern

7 8 9 10 11 12 13 14 15 16 17 18 19

("Defendant") and include without limitation each predecessor and successor-in-interest, as well as any officer, agent, employee, attorney, representative of Defendant and/or any other PERSONS acting under the control of Defendant or on behalf of Defendant.
C.

The term "DOCUMENT" or "DOCUMENTS" as used herein is broadly defined to

include all media on which information is recorded or stored, as well as all non-identical copies thereof including copies which bear any notes, notations or markings not found on the originals and all preliminary, intermediate, final and revised drafts of such document. This includes but is not limited to any writings, drawings, graphs, charts, photographs, video or audio recordings, microfilm, data compilations, and electronically-stored information stored in any medium from which information can be obtained such as e-mails, internet browser bookmarks and history, voicemail messages, websites, electronic messages or bulletin boards. As used herein, the term "writings" shall include but is not limited to letters, memoranda, reports, and notes whether handwritten or otherwise recorded, whether internal or external to
D.

you. Electronically-stored information should be printed for production.

20
21 22 23 24 25 26 27 28

The phrase "RELATING TO" as used herein includes referring to, relating to, relates to,

responding to, concerning, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, depicting, mentioning, reflecting, analyzing, comprising, constituting, evidencing, and pertaining to, whether in whole or in part.
E.

The term "PERSONNEL FILE" as used herein is broadly defined to include all

DOCUMENTS RELATING TO an process improvement file; employee's credentials; qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline, separation or other employment action; as well as the "folder", "jacket" or other container of each such file and any attachments thereto and all files maintained by persons employed by you.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

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11

F.

The term "PATHOLOGY REPORT" as used herein is broadly defined to include all

DOCUMENTS RELATING TO the description of cells and tissues made by a pathologist based on microscopic evidence and lab testing and used to render a diagnosis of a disease, including but not limited to the DOCUMENTS RELATING TO the following associated items: original requisitions and attached DOCUMENTS, HBO electronic documentation logs, peer reviewer comment sheets and attached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathology specimens, operative reports for pathology specimens, progress notes made by pathology, outside pathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logs from transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrow reports.
G.

The terms "and" and "or" when used herein each mean "and/or". All references to the singular include the plural, and all references to the plural include

12 13 14
15

H.

the singular. All references to the masculine gender include the feminine and neuter genders and viceversa.
INSTRUCTIONS

16

A.

This request requires that YOU identifY and produce the original or an exact copy of the

17 18 19 20 21 22 23 24 25 26 27 28

original of all DOCUMENTS responsive to any ofthe following numbered requests which are in YOUR possession, custody or control. A DOCUMENT is deemed to be in YOUR possession, custody or control if it is in YOUR physical custody, or if it is in the physical custody of any PERSON, and YOU: (l) own such DOCUMENT in whole or in part; (2) have a right by contract, statute or otherwise to use, inspect, examine or copy such DOCUMENT on any terms; (3) have an understanding, express or implied, that YOU may use, inspect, examine or copy such DOCUMENT on any terms; or (4) have, as a practical matter, been able to use, inspect, examine or copy such DOCUMENT when YOU have sought to do so. Specifically, and without limiting the foregoing, this request encompasses all DOCUMENTS in the possession, custody or control of YOU, YOUR attorneys, YOUR employees, YOUR agents, YOUR affiliates, and/or any other PERSON substantially owned or controlled by you.
B.

YOU are required to engage in a diligent search and make reasonable inquiries in an

effort to locate the DOCUMENTS requested.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

3

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8

C.

If any requested DOCUMENT is not in YOUR possession, custody or control, YOU are

required to set forth in YOUR response the location of such DOCUMENT.
D.

YOU are required to identify with specificity each DOCUMENT which is responsive to

this request and to organize and label them to correspond with each ofthe following numbered requests. If a requested DOCUMENT has already been produced in Defendants' Rule 26 initial disclosures, then YOU are requested to indicate such DOCUMENTS by stating their Bates Numbers rather than producing physical duplicates (so as to conserve natural resources).
E.

All DOCUMENTS which are responsive in whole or in part to any of the following

9 10 11 12 13 14 15 16 17
18

numbered requests shall be produced in full, without abridgement, abbreviation, redaction or expurgation of any sort. If any such DOCUMENTS cannot be produced in full, YOU are required to produce the DOCUMENT to the extent possible and indicate in YOUR written response what portion of the DOCUMENT is not produced and why it could not be produced.

F.

If any requested DOCUMENT has been destroyed, lost or stolen, YOU are required to se

forth in YOUR response the subject matter of such DOCUMENT; the location of any copies of the DOCUMENT; whether the DOCUMENT was destroyed, lost or stolen; the date of its destruction, loss or theft; and if destroyed, the name of the PERSON who ordered or authorized or was responsible for such destruction.
G.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

19 20 21 22 23 24 25 26 27 28

numbered requests based upon an objection, YOU are required to (1) identify and describe each such DOCUMENT in sufficient detail to enable Plaintiffto assess the applicability ofthe objection, (2) produce as much ofthe material requested as to which such objection is not made, and (3) separately, with respect to each remaining part, (a) state the nature of YOUR objection, (b) set forth each and every ground for YOUR objection, and (c) describe the factual basis, if any, upon which YOU rely in making such objections.
H.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

numbered requests based upon a claim of privilege, YOU are required to: (1) state which privilege is claimed, including the identity of any specific attorney(s) with whom YOU claim a privileged relationship, if any; (2) give a precise statement of the facts upon which the claim of privilege is based;

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

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6

(3) identify and describe each DOCUMENT in sufficient detail to enable Plaintiff to assess the applicability ofthe privilege or protection by stating: (a) its DOCUMENT type, e.g. letter, memorandum, note, diskette, tape, etc.; (b) the date it was prepared; (c) the name, address, telephone number and title of the PERSON who prepared it; and (d) the name, address, telephone number, and title of each PERSON who received it, if any; and (e) its subject matter;.
DOCUMENTS TO BE PRODUCED

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REQUEST NO.1. Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.2. Any and all DOCUMENTS RELATING TO the Second Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.3. Any and all DOCUMENTS RELATING TO the Third Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.4. Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.5. Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.6. Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.7. Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.8.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

5

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Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.9. Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO. 10. Any and all DOCUMENTS RELATING TO YOUR organizational structure during Plaintiff's employment with YOU, including but not limited to organizational charts, diagrams and drawings. REQUEST NO. 11. Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories or lists, including but not limited to names, direct work phone numbers, departments, etc. which were maintained by YOU during Plaintiff's employment with you. REQUEST NO. 12. Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend governed Plaintiff's terms and conditions of employment at any time during the period from October 1, 2000 to October 4, 2007. These include but are not limited to YOUR ordinances, Kern Medical Center's Administrative Procedures Manual, Kern Medical Center's Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline employees, investigation of employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center's Pathology Department. REQUEST NO. 13. Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend was distributed or made available to YOUR employees,
0

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6

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whether management or non-management, from October 24, 2000 to the present and the date of such asserted distribution. These include but are not limited to YOUR ordinances, Kern Medical Center's Administrative Procedures Manual, Kern Medical Center's Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline of employees, investigation of employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center's Pathology Department. REQUEST NO. 14. Any and all DOCUMENTS RELATING TO peer review, quality management and quality assurance policies and procedures at Kern Medical Center, including but not limited to Kern Medical Center's Quality Management and Performance Improvement Plan, from October 24, 2000 to the present, and the effective dates. REQUEST NO. 15. Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects: a) disability discrimination b) accommodation of an employee's disability c) the interactive process regarding accommodation of an employee's disability d) medical leave rights e) whistleblower retaliation
f) medical leave retaliation

g) due process required for demotion h) due process required for pay cut i) due process required for termination of employment j) defamation k) Fair Labor Standards Act

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To: 213-596-0487

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1 2 3 4

REQUEST NO. 16. Any and all DOCUMENTS RELATING TO the PERSONNEL FILES of the following people. a) Plaintiff David F. Jadwin b) Elsa Ang c) Ellen Bunyi-Teopengco d) Philip Dutt e) Carol Gates

5
6 7

8
9 10
11

f)

Adam Lang

g) Fangluo Liu h) Savita Shertukde i) j) Navin Amin Kathy Griffith

12 13 14 15 16 17
18

k) Alice Hevle

1) Denise Long
m) Gilbert Martinez n) Albert McBride 0) Javad Naderi p) Jane Thornton
q) Nitin Athavale

19

20
21 22 23 24 25 26 27

r) Chester Lau s) Jennifer J Abraham t) Bernard C Barmann

u) Karen S Barnes v) Peter K Bryan w) David Culberson
x) Irwin E Harris

y) Royce Johnson z) Eugene E Kercher

28

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8

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1
2

aa) Alan Scott Ragland bb) William Roy cc) Maureen Martin dd) Steven O'Connor ee) Antoinette Smith
ft) Edward Taylor

3
4

5
6

7
8
9

gg) Marvin Kolb
hh) Dianne McConnehey

ii) Renita Nunn jj) Ravi Patel
kk) Jose Perez 11) Evangeline Gallegos

10
11

12
13

mm)

Sergio Perticucci

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

nn) Bonnie Quinonez
00)

James Sproul

pp) Rebecca Rivera qq) Sheldon Freedman
IT) Joseph Mansour

ss) George Alkouri tt) Nicole Sharkey REQUEST NO. 17. Any and all DOCUMENTS RELATING TO the search, recruitment, application, interviewing, and hiring process that resulted in Plaintiff's employment by YOu. REQUEST NO. 18. Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of Plaintiff's employment with YOu. REQUEST NO. 19. Any and all DOCUMENTS RELATING TO Plaintiff's job duties and responsibilities for each

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position held by Plaintiff during his employment with you. REQUEST NO. 20. Any and all DOCUMENTS RELATING TO Plaintiff's payroll, compensation, base salary and "professional fee payments", as that term is defined in Plaintiff's employment contracts with YOU, including but not limited to any and all changes in compensation and the reasons for the changes, throughout Plaintiff's employment with you. REQUEST NO. 21. Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices regarding base salary steps, salary guidelines, deferred compensation plans, pension plans, health insurance and employment benefits applicable to Plaintiff's positions held throughout his employment with you. REQUEST NO. 22. Any and all DOCUMENTS RELATING TO Plaintiff's work schedule and/or removal therefrom, including but not limited to timesheets, from October 24, 2000 to the present. REQUEST NO. 23. Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt's timesheets, from April 20, 2005 to the present. REQUEST NO. 24. Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde's timesheets, from January 4, 2005 to the present. REQUEST NO. 25. Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff's performance of his job duties throughout his employment with YOU, whether formal or informaL REQUEST NO. 26. Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written materials, and computer files stored on Plaintiff's computer or Kern Medical Center's servers. REQUEST NO. 27.

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Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or Plaintiff's employment at Kern Medical Center. REQUEST NO. 28. Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of the Kern Medical Center Pathology Department, whether formal or informal, from October 24, 1995 to the present. REQUEST NO. 29. Any and all DOCUMENTS RELATING TO Plaintiff's complaints of: a) disability discrimination

l O b ) failure to accommodate 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c) failure to engage in an interactive process d) violations of medical leave rights e) whistleblower retaliation
f) medical leave retaliation

g) deprivation of property without due process h) defamation i) Fair Labor Standards Act violations REQUEST NO. 30. Any and all DOCUMENTS RELATING TO any investigation of Plaintiff's complaints of disability discrimination, failure to accommodate, failure to engage in an interactive process, violation 0 medical leave rights, whistleblower retaliation, medical leave retaliation, defamation, and/or deprivation of property without due process. REQUEST NO. 31. Any and all DOCUMENTS RELATING TO any procedures available to YOUR employees to complain of corruption, fraud and other wrongful, illegal or unethical conduct, that YOU contend was distributed or made available to YOUR employees, whether management or non-management, from October 24, 2000 to the present, and the date of such asserted distribution(s). REQUEST NO. 32.

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1
2

Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against whom a complaint or grievance of discrimination, harassment, defamation, retaliation, failure to accommodate, and/or failure to engage in an interactive process in their employment has been made from October 24, 2000 to date. REQUEST NO. 33. Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR past or present employees against YOU for defamation, retaliation, disability discrimination, failure to accommodate, and/or failure to engage in an interactive process, including but not limited to any informal or internal complaints, grievances or charges to any state or federal agency, and complaints filed in any state or federal court from October 24, 2000 to date. REQUEST NO. 34. Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU by Plaintiff. REQUEST NO. 35. Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received from any governmental or regulatory authority, including but not limited to the California Department of Fair Employment and Housing, the California Labor & Workforce Development Agency, and the U.S. Department of Labor. REQUEST NO. 36. Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

3 4

5
6

7
8
9 10
11

12 13 14

15
16 17
18

19 20 21

candidates for the position of staff pathologist at Kern Medical Center during the period from January 1, 22 2006 to the present. 23 REQUEST NO. 37. 24 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

25
candidates for the position of Chair or Chief of Pathology at Kern Medical Center during the period 26 27 from January 1, 2006 to the present. REQUEST NO. 38.

28

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Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of candidates for the position oflocum tenens pathologist at Kern Medical Center during the period from January 1, 2006 to the present. REQUEST NO. 39. Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center during the period from January 1, 2006 to the present. REQUEST NO. 40. Any and all DOCUMENTS RELATING TO YOUR removal of Dr. Royce Johnson from the position of Chair or Chief of Medicine at Kern Medical Center. REQUEST NO. 41. Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of candidates for the position of Chair or Chief of Medicine at Kern Medical Center during the period from October 24, 2000 to the present. REQUEST NO. 42. Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical Center oncology conference in May 2005, induding but not limited to participant evaluation forms. REQUEST NO. 43. Any and all DOCUMENTS RELATING TO Plaintiff's presentation at the Kern Medical Center oncology conference on or about October 12,2005. REQUEST NO. 44. Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from Chair of Kern Medical Center's Pathology Department to staff pathologist. REQUEST NO. 45. Any and all DOCUMENTS RELATING TO the "packets containing information about Dr. Jadwin" which Mr. Peter Bryan collected at the end of Kern Medical Center's Joint Conference Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10, 2006. REQUEST NO. 46.

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To: 213-596-0487

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Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on administrative leave on or about December 7, 2006. REQUEST NO. 47. Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on administrative leave. REQUEST NO. 48. Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on administrative leave. REQUEST NO. 49. Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff's employment contract with YOU that was purportedly made on or about May 1,2007. REQUEST NO. 50. Any and all DOCUMENTS RELATING TO any discipline, coaching, reprimand or corrective action taken against Plaintiff by you. REQUEST NO. 51. Any and all DOCUMENTS RELATING TO Kern Medical Center's Disruptive Physician Policy, including but not limited to Bylaw Committee meeting minutes. REQUEST NO. 52. Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera's lawsuit against Kern Medical Center filed in Kern County California Superior Court. REQUEST NO. 53. Any and all DOCUMENTS RELATING TO services provided to YOU by The Camden Group RELATING TO Kern Medical Center. REQUEST NO. 54. Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING TO patient fatalities at Kern Medical Center from October 24, 2000 to the present.

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REQUEST NO. 55. Any and all DOCUMENTS RELATING TO the review of Kern Medical Center's placental evaluations and billing activity as conducted by outside consultants, including but not limited to ProPay Physician Services, LLC, from October 24, 2000 to the present. REQUEST NO. 56. Any and all DOCUMENTS RELATING TO blood bank monthly reports, including but not limited to reports generated by Michelle Burris, from January 2006 to the present. REQUEST NO. 57. Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance reports from October 24, 2000 to the present. REQUEST NO. 58. Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005. REQUEST NO. 59. Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center's Cancer Clinic from January 1, 2003 to the present. REQUEST NO. 60. Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident Reports for all Kern Medical Center personnel from October 24,2000 to the present. REQUEST NO. 61. Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern Medical Center from October 24,2000 to the present, including but not limited to DOCUMENTS RELATING TO the outside consultant study conducted by Dr. David Lieu in 2004. REQUEST NO. 62. Any and all DOCUMENTS RELATING TO Peter Bryan's appointment calendar from January 1,2004 to September 1, 2006. REQUEST NO. 63. Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical

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Center connnittees or groups from October 24, 2000 to the present: a) Medical Executive Committee b) Joint Conference Committee c) Quality Management Committee d) Cancer Connnittee e) Second Level Peer Review Committee f) Transfusion Committee

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g) Executive Staff Meetings REQUEST NO. 64. Any and all DOCUMENTS RELATING TO policies of Kern Medical Center's Pathology Department from October 24, 2000 to the present. REQUEST NO. 65. Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center's Pathology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants. REQUEST NO. 66. Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs - by pathologist - for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. REQUEST NO. 67. Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs - for Kern Medical Center's Pathology Department as a whole - for pathology reports processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the present. REQUEST NO. 68. Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14,2006

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to the present. REQUEST NO. 69. Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers S06-4131, S06-4619, S06-5229, S06-73276,. REQUEST NO. 70. Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center's Pathology Department during the time period from January 1, 1995 to the present, including but not limited to computer-generated data, monthly peer review records completed by pathologists, and peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. REQUEST NO. 71. Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology at Kern Medical Center's Pathology Department from January 1, 2006 to the present. REQUEST NO. 72. Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center's Pathology Department from January 1, 2006 to the present. REQUEST NO. 73. Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 1, 2006 to the present. REQUEST NO. 74. Any and all DOCUMENTS RELATING TO audits of Kern Medical Center's Pathology Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present. REQUEST NO. 75. Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel defections from June 14,2006 to the present, including but not limited to exit interview notes. REQUEST NO. 76. Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present.

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To: 213-596-0487

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REQUEST NO. 77. Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. REQUEST NO. 78. Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present. REQUEST NO. 79. Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. REQUEST NO. 80. Any and all DOCUMENTS RELATING TO Golden Empire Pathology Medical Group.

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18

Date:

October 11, 2007

fJJ?J"--\~neD.Lee

W OFFICE OF EUGENE LEE

555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Attorneys for Plaintiff DAVID F. JADWIN, D.O.

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CERTIFICATE OF SERVICE

I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party to the action described herein. I am employed in the County of Los Angeles, California. My business address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA 90013. On the date of execution ofthis DOCUMENT, I served the following: PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET ONE) on the following parties in this action by and through their attorneys addressed as follows: Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

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[gJ BY UNITED STATES MAIL: I enclosed the DOCUMENT(s) listed above in a sealed envelope with postage thereon fully prepaid, addressed to the PERSON(s) listed above, and deposited the sealed envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [gJ BY FACSIMILE: I transmitted via facsimile the DOCUMENT(s) listed above to the fax number(s) set forth above on this date at approximately 1:00 a.ill. The outgoing facsimile machine telephone number in this office is (213) 596-0487. The facsimile service used in this office creates a transmission report for each outgoing facsimile transmitted. A copy ofthe transmission report(s) for the service ofthis DOCUMENT, properly issued by the facsimile service that transmitted this DOCUMENT and showing that such transmission was (transmissions were) completed without error, is attached hereto. [gJ FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I took said actions at the direction of a licensed attorney authorized to practice before this Federal Court.
Executed on October 11,2007, at Los Angeles, California.

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~ \ Eugene D. Lee V0}':U

-A~

CERTIFICATE OF SERVICE

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 2 EXHIBIT 2: Defendant’s Responses to RPD1

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Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID F. JADWIN, D.O. Plaintiff, vs. COUNTY OF KERN, et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: 1:07-cv-00026-OWW-TAG DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) Date Action Filed: January 6, 2007 Trial Date: August 26, 2008

PROPOUNDING PARTY: RESPONDING PARTY: SET NUMBER:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERN ONE (1)

1 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants hereby submit these responses to Plaintiff David F. Jadwin’s Request for Production of Documents, Set One. Defendants have not located all the documents that are responsive to this request and, for that reason, many of the production dates set forth herein are estimates. Defendants will supplement or amend this response, if necessary, as additional documents are located and reviewed. REQUEST FOR PRODUCTION NO. 1 Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 1 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 2 Any and all DOCUMENTS RELATING TO the Second Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 2 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 3 Any and all DOCUMENTS RELATING TO the Third Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 3 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges.

2 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 4 Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 4 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 5 Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 5 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, Defendants will produce all non-privileged documents responsive to this request on or before December 21, 2007. This request is duplicative of other requests contained in Plaintiff’s request for production, set one, and the documents produced in response to this request may refer to the documents produced in response to other requests. REQUEST FOR PRODUCTION NO. 6 Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 6 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. 3 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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REQUEST FOR PRODUCTION NO. 7 Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 7 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 8 Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 8 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, Defendants will produce all non-privileged documents responsive to this request on or before December 21, 2007. This request is duplicative of other requests contained in Plaintiff’s request for production, set one, and the documents produced in response to this request may refer to the documents produced in response to other requests. REQUEST FOR PRODUCTION NO. 9 Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 9 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 10

4 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TO YOUR organizational structure during Plaintiff’s employment with YOU, including but not limited to organizational charts, diagrams and drawings. RESPONSE TO REQUEST NO. 10 Defendants will produce all documents responsive to this request. Production may occur in stages. The first stage of production will be on November 20, 2007 and may include all responsive documents. If other responsive documents are discovered, they will be produced by December 7, 2007. REQUEST FOR PRODUCTION NO. 11 Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories or lists, including but not limited to names, direct work phone numbers, departments, etc. which were maintained by YOU during Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 11 Defendants will produce all non-privileged documents responsive to this request. Production may occur in stages. The first stage of production will be on November 20, 2007 and may include all responsive documents. If other responsive documents are discovered, they will be produced by December 7, 2007. Defendants will redact personal or confidential information as appropriate. REQUEST FOR PRODUCTION NO. 12 Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend governed Plaintiff’s terms and conditions of employment at any time during the period from October 1, 2000 to October 4, 2007. These include but are not limited to YOUR ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline of employees, investigation of 5 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department. RESPONSE TO REQUEST NO. 12 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 13 Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend was distributed or made available to YOUR employees, whether management or non-management, from October 24, 200 to the present and the date of such asserted distribution. These include but are not limited to YOUR ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline of employees, investigation of employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department. RESPONSE TO REQUEST NO. 13 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request 6 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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by December 21, 2007. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 14 Any and all DOCUMENTS RELATING TO peer review, quality management and quality assurance policies and procedures at Kern Medical Center, included but not limited to Kern Medical Center’s Quality Management and Performance Improvement Plan, from October 24, 2000 to the present, and the effective dates. RESPONSE TO REQUEST NO. 14 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007.1. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 15 Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects: a) disability discrimination b) accommodation of an employee’s disability c) the interactive process regarding accommodation of an employee’s disability d) medical leave rights e) whistleblower retaliation f) medical leave retaliation g) due process required for demotion h) due process required for pay cut i) due process required for termination of employment j) defamation k) Fair Labor Standards Act 7 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 15 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 16 Any and all DOCUMENTS RELATING To the PERSONNEL FILES of the following people. a) Plaintiff David F. Jadwin b) Elsa Ang c) Ellen Bunyi-Teopengco d) Philip Dutt e) Carol Gates f) Adam Lang g) Fangluo Liu h) Savita Shertukde i) Navin Amin j) Kathy Griffith k) Alice Hevle l) Denise Long m) Gilbert Martinez n) Albert McBride o) Javad Naderi p) Jane Thornton q) Nitin Athavale r) Chester Lau s) Jennifer J. Abraham 8 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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t) Bernard C. Barmann u) Karen S. Barnes v) Peter K. Bryan w) David Culberson x) Irwin E. Harris y) Royce Johnson z) Eugene K. Kercher aa) Alan Scott Ragland bb) William Roy cc) Maureen Martin dd) Steven O‘Connor ee) Antoinette Smith ff) Edward Taylor gg) Marvin Kolb hh) Dianne McConnehey ii) Renita Nunn jj) Ravi Patel kk) Jose Perez ll) Evangeline Gallegos mm) Sergio Perticucci

nn) Bonnie Quinonez oo) James Sproul pp) Rebecca Rivera qq) Sheldon Freedman rr) Joseph Mansour ss) George Alkouri tt) Nicole Sharkey RESPONSE TO REQUEST NO. 16 9 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants have already produced the personnel file of David F. Jadwin. Defendants will confirm that the personnel file previously produced was complete as of the time of its production and, on or before December 7, 2007, will augment the documents previously produced with any additional materials, if any, that have been added into Mr. Jadwin’s personnel file since the file was produced. Plaintiff has narrowed the scope of this request by eliminating all other documents initially requested. REQUEST FOR PRODUCTION NO. 17 Any and all DOCUMENTS RELATING TO the search, recruitment, application, interviewing, and hiring process that resulted in Plaintiff’s employment by YOU. RESPONSE TO REQUEST NO. 17 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 18 Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 18 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 19 Any and all DOCUMENTS RELATING TO Plaintiff’s job duties and responsibilities for each position held by Plaintiff during this employment with YOU. RESPONSE TO REQUEST NO. 19 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 20 Any and all DOCUMENTS RELATING TO Plaintiff’s payroll, compensation, base salary and “professional fee payments”, as that term is defined in Plaintiff’s employment 10 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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contracts with YOU, including but not limited to any and all changes in compensation and the reasons for changes, throughout Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 20 Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 21 Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices regarding base salary steps, salary guidelines, deferred compensation plans, pension plans, health insurance and employment benefits applicable to Plaintiff’s position s held throughout his employment with YOU. RESPONSE TO REQUEST NO. 21 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 22 Any and all DOCUMENTS RELATING TO Plaintiff’s work schedule and/or removal there from, including but not limited to timesheets, from October 24, 200 to present. RESPONSE TO REQUEST NO. 22 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 23 Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt’s timesheets, from April 20 2005 to the present. RESPONSE TO REQUEST NO. 23 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce all non-privileged documents responsive to this request by December 21, 2007. Defendants will redact confidential information, in any, as appropriate. REQUEST FOR PRODUCTION NO. 24

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Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde’s timesheets, from January 4, 2005 to present. RESPONSE TO REQUEST NO. 24 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce all non-privileged documents responsive to this request by December 21, 2007. Defendants will redact confidential information, in any, as appropriate. REQUEST FOR PRODUCTION NO. 25 Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff’s performance of his job duties throughout his employment with YOU, whether formal or informal. RESPONSE TO REQUEST NO. 25 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce all non-privileged documents responsive to this request by December 7, 2007. Defendants will redact confidential information, in any, as appropriate. REQUEST FOR PRODUCTION NO. 26 Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written materials, and computer files stored on Plaintiff’s computer at Kern Medical Center’s servers. RESPONSE TO REQUEST NO. 26 After diligent search, Defendants believe Groupwise calendar information was deleted many months ago as part of the routine 90-day cycling of the Groupwise software. Defendants 12 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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are continuing to search for other materials that were on the computer that was assigned to Plaintiff. Some material was archived before the computer was reassigned. Defendants have identified about 3,000 pages of documents that appear to be responsive to this request but have not yet concluded their search. Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 27 Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or Plaintiff’s employment at Kern Medical Center. RESPONSE TO REQUEST NO. 27 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential peer review and personnel information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 28 Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of the Kern Medical Center Pathology Department, whether formal or informal, from October 24, 1995 to the present. RESPONSE TO REQUEST NO. 28 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 29 13 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TO Plaintiff’s complaints of: a) disability discrimination b) failure to accommodate c) failure to engage in an interactive process d) violation of medical leave rights e) whistleblower retaliation f) medical leave retaliation g) deprivation of property without due process h) defamation i) Fair Labor Standards Act violations RESPONSE TO REQUEST NO. 29 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 30 Any and all DOCUMENTS RELATING TO any investigation of Plaintiff’s complaints of disability discrimination, failure to accommodate, failure to engage in an interactive process, violation of medical leave rights, whistleblower retaliation, medical leave retaliation, defamation, and/or deprivation of property without due process. RESPONSE TO REQUEST NO. 30 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request

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by December 21, 2007. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 31 Any and all DOCUMENTS RELATING TO any procedures available to YOUR employees to complain of corruption, fraud and other wrongful, illegal or unethical conduct, that YOU contend was distributed or made available to YOUR employees, whether management or non-management, from October 24, 2000 to the present, and the date of such asserted distribution(s). RESPONSE TO REQUEST NO. 31 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 32 Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against whom a complaint or grievance of discrimination, harassment, defamation, retaliation, failure to accommodate, and/or failure to engage in an interactive process in their employment was made from October 24, 2000 to date. RESPONSE TO REQUEST NO. 32 Defendants object to this request on the grounds that it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA and the peer-review privilege, and documents that contain information that is subject to the attorney-client privilege. Defendants do not believe these objections can be resolved by redaction. Defendants also object on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 33 Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR past or present employees against YOU for defamation, retaliation, disability discrimination, failure to accommodate, and/or failure to engage in an interactive process, including but not limited to any informal or internal complaints, grievances or charges to any state or federal agency, and complaints filed in any state or federal court from October 24, 2000 to date. 15 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 33 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case. Consequently, this request is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object on the ground that the phrase, “informal or internal complaints” is vague and, depending on interpretation, could include any off-hand gripe by any employee, to the extent it was memorialized in writing. Defendant County of Kern employs several thousand employees. In the past seven years, there could be many documents that fit the description of this request yet none have anything to do with the issues in this case. This request is, accordingly, overbroad and burdensome. Defendants do not believe redaction would resolve these objections. REQUEST FOR PRODUCTION NO. 34 Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU by Plaintiff. RESPONSE TO REQUEST NO. 34 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 35 Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received from any governmental or regulatory authority, including but not limited to the California Department of Fair Employment and Housing, the California Labor and Workforce Development Agency, and the U.S. Department of Labor. RESPONSE TO REQUEST NO. 35 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 36 16 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and evaluation of candidates for the position of staff pathologist at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 36 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 37 Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of Pathology at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 37 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 38 17 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and evaluation of candidates for the position of locus tenens pathologist at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 38 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 39 Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 39 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 40 18 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TOYOUR removal of Dr. Royce Johnson from the position of Chair or Chief of Medicine at Kern Medical Center. RESPONSE TO REQUEST NO. 40 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. REQUEST FOR PRODUCTION NO. 41 Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of Medicine at Kern Medical Center during the period from October 24, 2000 to present. RESPONSE TO REQUEST NO. 41 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 42 Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical Center oncology conference in May 2005, including but not limited to participant evaluation forms. RESPONSE TO REQUEST NO. 42 19 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 43 Any and all DOCUMENTS RELATING TO Plaintiff’s presentations made at the Kern Medical Center oncology conference on or about October 12, 2005. RESPONSE TO REQUEST NO. 43 Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 44 Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from Chair of Kern Medical Center’s Pathology Department to staff pathologist. RESPONSE TO REQUEST NO. 44 Defendants object to this request to the extent it requests documents that are privileged under the attorney-client privilege. Without waiving this objection Defendants will produce all non-privileged documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 45 Any and all DOCUMENTS RELATING To the “packets containing information about Dr. Jadwin” which Peter Bryan collected at the end of Kern Medical Center’s Joint Conference Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10, 2006. RESPONSE TO REQUEST NO. 45

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Defendants are searching for documents responsive to this request. Because of administrative and management changes at Kern Medical Center, it may not be possible to reconstruct the “packets” requested. Defendants object to this request to the extent it requests information protected by the peer-review or attorney-client privileges. Defendants also object to this request to the extent it seeks documents that contain confidential personnel information. Without waiving these objections, and to the extent that the “packets” can be reconstructed, Defendants will produce all documents responsive to this request, if any, by December 21, 2007. REQUEST FOR PRODUCTION NO. 46 Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on administrative leave on or about December 7, 2006. RESPONSE TO REQUEST NO. 46 Defendants object to this request to the extent it requests information protected by the attorney-client privilege. Without waiving that objection, Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 47 Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on administrative leave. RESPONSE TO REQUEST NO. 47 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 48 Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on administrative leave. RESPONSE TO REQUEST NO. 48 21 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 49 Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff’s employment contract with YOU that was purportedly made on or about May 1, 2007. RESPONSE TO REQUEST NO. 49 Defendants object to this request to the extent it requests information protected by the attorney-client privilege. Without waiving that objection, Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 50 Any and all DOCUMENTS RELATING TO any discipline, coaching, reprimand or corrective action taken against Plaintiff by YOU. RESPONSE TO REQUEST NO. 50 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 21, 2007. REQUEST FOR PRODUCTION NO. 51 Any and all DOCUMENTS RELATING TO Kern Medical Center’s Disruptive Physician Policy, including but not limited to Bylaw Committee meeting minutes. RESPONSE TO REQUEST NO. 51 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including the HIPAA and the peer-review privilege, or documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential peer review and personnel information as appropriate. 22 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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REQUEST FOR PRODUCTION NO. 52 Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera’s lawsuit against Kern Medical Center filed in Kern County California Superior Court. RESPONSE TO REQUEST NO. 52 Plaintiff has narrowed this request to eliminate any documents that have been filed with the Kern County Superior Court. As so limited, this request seeks documents in the County Counsel’s litigation file, many of which are protected by the attorney work product and attorneyclient privileges. To the extent this request seeks information that is protected by the attorneyclient privilege, Defendants object to it. Defendants also object to this request on the grounds that it is not reasonably calculated to lead to the discovery of admissible evidence. Defendants are in the process of reviewing documents that are may be responsive to this request and, without waiving these objections, will produce non-privileged documents, if any, by December 21, 2007. Defendants may redact privileged information if appropriate. REQUEST FOR PRODUCTION NO. 53 Any and all DOCUMENTS RELATING TO services provided to YOU by the Camden Group RELATING TO Kern Medical Center. RESPONSE TO REQUEST NO. 53 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this, or produce additional documents if necessary, by December 7, 2007. REQUEST FOR PRODUCTION NO. 54 Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING TO patient fatalities at Kern Medical Center from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 54 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from 23 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. If the redaction process renders the resulting document useless, Defendants will inform Plaintiff. REQUEST FOR PRODUCTION NO. 55 Any and all DOCUMENTS RELATING TO the review of Kern Medical Center’s placental evaluations and billing activity as conducted by outside consultants, including but not limited to ProPay Physician Services, LLC, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 55 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 56 Any and all DOCUMENTS RELATING TO blood bank monthly reports, included but not limited to reports generated by Michelle Burris, from January 2006 to present. RESPONSE TO REQUEST NO. 56 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from 24 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 57 Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance reports from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 57 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 58 Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005. RESPONSE TO REQUEST NO. 58 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, 25 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 59 Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center’s Cancer Clinic from January 1, 2003 to the present. RESPONSE TO REQUEST NO. 59 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 60 Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident Reports for all Kern Medical Center personnel from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 60 Defendants object to this request to the extent it seeks documents that contain confidential personnel information or information protected by the attorney-client privilege. Defendants also object to the extent the documents contain information protected by the peerreview privilege and on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce all documents responsive to this request by December 21, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 61 Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern Medical Center from October 24, 2000 to the present, including but not limited to DOCUMENTS RELATING TO the outside consultant study conducted by Dr. David Lieu in 2004. RESPONSE TO REQUEST NO. 61 Defendants object to this request to the extent it seeks documents that contain confidential personnel information or information protected by the attorney-client privilege. Defendants also object to the extent the documents contain information protected by the peer26 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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review privilege and on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce all documents responsive to this request by December 21, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 62 Any and all DOCUMENTS RELATING TO Peter Bryan’s appointment calendar from January 1, 2004 to September 1, 2006. RESPONSE TO REQUEST NO. 62 Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 63 Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical Center committees or groups from October 24, 2000 to the present: a) Medical Executive Committee b) Joint Conference Committee c) Quality Management Committee d) Cancer Committee e) Second Level Peer Review Committee f) Transfusion Committee g) Executive Staff Meetings RESPONSE TO REQUEST NO. 63 Defendants object to this request to the extent it requests documents that contain confidential personnel information or information that is protected from disclosure by state or federal law, including HIPAA and the peer review privilege, or documents that are subject to the attorney/client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 64

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Any and all DOCUMENTS RELATING TO policies of Kern Medical Center’s Pathology Department from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 64 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 65 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s Pathology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants. RESPONSE TO REQUEST NO. 65 Defendants object to this request to the extent it requests documents that contain confidential personnel information or information that is protected from disclosure by state or federal law, including HIPAA and the peer review privilege, or documents that are subject to the attorney/client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 66 Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs – by pathologist – for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 66 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate. REQUEST FOR PRODUCTION NO. 67 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology 28 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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reports processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 67 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate. REQUEST FOR PRODUCTION NO. 68 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 68 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate. REQUEST FOR PRODUCTION NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers S06-4131, S06-4619, S06-5229, S06-73276. RESPONSE TO REQUEST NO. 69 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer-review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 70 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center’s Pathology Department during the time period from January 1, 1995 to the present, 29 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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including but not limited to computer-generated data, monthly peer review records completed by pathologists, and peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. RESPONSE TO REQUEST NO. 70 Defendants object to this request on the ground that it requests privileged peer-review information. Defendants also object on the ground that it requests information that is confidential under HIPAA and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce documents responsive to this request by January 7, 2008 if it is possible to redact the confidential and privileged information without rendering the resulting document useless. REQUEST FOR PRODUCTION NO. 71 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 71 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 72 Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s Pathology Department from January 1, 2006 to present. RESPONSE TO REQUEST NO. 72 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. 30 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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REQUEST FOR PRODUCTION NO. 73 Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 73 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 74 Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 74 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 75 Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel defections from June 14, 2006 to the present, including but not limited to exit interview notes. RESPONSE TO REQUEST NO. 75 Defendants object to this request on the grounds that it is vague. Defendants do not know what “personnel defections” means. If Plaintiff intends to request a list of employees who have separated from County employment or transferred out of the laboratory, Defendants can prepare such a list but Defendants believe such a list will need to be redacted to remove confidential personnel information. Defendants will produce a list of employees who have separated from 31 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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County employment or transferred out of the laboratory by December 21, 2007 and will redact the information as appropriate. REQUEST FOR PRODUCTION NO. 76 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 76 Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 77 Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 78 Plaintiff has attempted to narrow this request but the revised request is broader, more burdensome and less calculated to lead to the discovery of admissible evidence than the original request. Defendants object to it for that reason. Defendants object to this request because it is not reasonably calculated to lead to the discovery of admissible evidence and is burdensome. Defendants also object to this request on the grounds that it seeks information that is shielded from disclosure under HIPAA. There are thousands of placental evaluations for the time period specified and they are not centrally filed or maintained. Locating ones conducted by Plaintiff will require writing a computer program that will sort the files. After the files are sorted, it will require a manual review of each file to find the placental evaluation. It will have to be copied and redacted and copied again. Defendants estimate it will take approximately 90 days to comply with this request. Without waiving these objections, Defendants will attempt to locate, copy and produce the documents requested 32 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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REQUEST FOR PRODUCTION NO. 79 Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. RESPONSE TO REQUEST NO. 79 After diligent search, Defendants’ have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 80 Any and all DOCUMENTS RELATING TO Golden Empire Medical Group. RESPONSE TO REQUEST NO. 80 After diligent search, Defendants’ have not been able to locate any documents that are responsive to this request.

Dated: November 20, 2007

LAW OFFICES OF MARK A. WASSER

By:

/s/ Mark A. Wasser Mark A. Wasser Attorney for Defendants, County of Kern, et al.

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 3 EXHIBIT 3: Defendant’s First Supplemental Responses to RPD1

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Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID F. JADWIN, D.O. Plaintiff, vs. COUNTY OF KERN, et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. : 1:07-cv-00026-OWW-TAG DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) Date Action Filed: January 6, 2007 Trial Date: August 26, 2008

PROPOUNDING PARTY: Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. RESPONDING PARTY: SET NUMBER: Defendant COUNTY OF KERN

ONE (1)

1 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants hereby submit these responses to Plaintiff David F. Jadwin’s Request for Production of Documents, Set One. Defendants have not located all the documents that are responsive to this request and, for that reason, many of the production dates set forth herein are estimates. Defendants will supplement or amend this response, if necessary, as additional documents are located and reviewed.

REQUEST FOR PRODUCTION NO. 1 Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 1 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 2 Any and all DOCUMENTS RELATING TO the Second Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 2 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 3 Any and all DOCUMENTS RELATING TO the Third Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 3 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. 2 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 4 Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 4 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 5 Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 5 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, Defendants will produce all non-privileged documents responsive to this request on or before December 21, 2007, depending on receipt of reimbursement for estimated copy costs. This request is duplicative of other requests contained in Plaintiff’s REQUEST FOR PRODUCTION, set one, and the documents produced in response to this request may refer to the documents produced in response to other requests. REQUEST FOR PRODUCTION NO. 6 Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 6 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges.

3 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 7 Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 7 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 8 Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 8 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges. Without waiving those objections, Defendants will produce all non-privileged documents responsive to this request on or before December 21, 2007, depending on receipt of reimbursement for estimated copy costs. This request is duplicative of other requests contained in Plaintiff’s REQUEST FOR PRODUCTION, set one, and the documents produced in response to this request may refer to the documents produced in response to other requests. REQUEST FOR PRODUCTION NO. 9 Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 9 Defendants object to this request on the grounds that it calls for the production of documents that are protected by the attorney-work-product and attorney-client privileges.

4 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Without waiving those objections, after diligent search, Defendants’ have not been able to locate any documents that are responsive to this request REQUEST FOR PRODUCTION NO. 10 Any and all DOCUMENTS RELATING TO YOUR organizational structure during Plaintiff’s employment with YOU, including but not limited to organizational charts, diagrams and drawings. RESPONSE TO REQUEST NO. 10 Defendants will produce all documents responsive to this request. Production is expected to be complete on or about December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 11 Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories or lists, including but not limited to names, direct work phone numbers, departments, etc. which were maintained by YOU during Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 11 Defendants will produce all non-privileged documents responsive to this request. Production is expected to be complete on or about December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information as appropriate. REQUEST FOR PRODUCTION NO. 12 Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend governed Plaintiff’s terms and conditions of employment at any time during the period from October 1, 2000 to October 4, 2007. These include but are not limited to YOUR ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations 5 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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into complaints of unlawful employment practices, discipline of employees, investigation of employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department. RESPONSE TO REQUEST NO. 12 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 13 Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets, posters, employee and/or employer handbooks, training materials, and employee and/or employer manuals maintained by YOU that YOU contend was distributed or made available to YOUR employees, whether management or non-management, from October 24, 2000 to the present and the date of such asserted distribution. These include but are not limited to YOUR ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination, reasonable accommodation, interactive process, personal leave, administrative leave, medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline of employees, investigation of employees, appointment of Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department. RESPONSE TO REQUEST NO. 13 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, 6 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 14 Any and all DOCUMENTS RELATING TO peer review, quality management and quality assurance policies and procedures at Kern Medical Center, included but not limited to Kern Medical Center’s Quality Management and Performance Improvement Plan, from October 24, 2000 to the present, and the effective dates. RESPONSE TO REQUEST NO. 14 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 15 Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects: a) disability discrimination b) accommodation of an employee’s disability c) the interactive process regarding accommodation of an employee’s disability d) medical leave rights e) whistleblower retaliation f) medical leave retaliation g) due process required for demotion 7 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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h) due process required for pay cut i) due process required for termination of employment j) defamation Fair Labor Standards Act RESPONSE TO REQUEST NO. 15 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 16 Any and all DOCUMENTS RELATING To the PERSONNEL FILES of the following

a) b) c) d) e) f) g) h) i) j) k) l) m)

Plaintiff David F. Jadwin Elsa Ang Ellen Bunyi-Teopengco Philip Dutt Carol Gates Adam Lang Fangluo Liu Savita Shertukde Navin Amin Kathy Griffith Alice Hevle Denise Long Gilbert Martinez 8 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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n) o) p) q) r) s) t) u) v) w) x) y) z) aa) bb) cc) dd) ee) ff) gg) hh) ii) jj) kk) ll) mm) nn) oo)

Albert McBride Javad Naderi Jane Thornton Nitin Athavale Chester Lau Jennifer J. Abraham Bernard C. Barmann Karen S. Barnes Peter K. Bryan David Culberson Irwin E. Harris Royce Johnson Eugene K. Kercher Alan Scott Ragland William Roy Maureen Martin Steven O‘Connor Antoinette Smith Edward Taylor Marvin Kolb Dianne McConnehey Renita Nunn Ravi Patel Jose Perez Evangeline Gallegos Sergio Perticucci Bonnie Quinonez James Sproul 9 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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pp) qq) rr) ss) tt)

Rebecca Rivera Sheldon Freedman Joseph Mansour George Alkouri Nicole Sharkey

RESPONSE TO REQUEST NO. 16 Defendants have already produced the personnel file of David F. Jadwin. Defendants will confirm that the personnel file previously produced was complete as of the time of its production and, on or before December 21, 2007, will augment the documents previously produced with any additional materials, if any, that have been added into Dr. Jadwin’s personnel file since the file was produced. Plaintiff has narrowed the scope of this request by eliminating all other documents initially requested. REQUEST FOR PRODUCTION NO. 17 Any and all DOCUMENTS RELATING TO the search, recruitment, application, interviewing, and hiring process that resulted in Plaintiff’s employment by YOU. RESPONSE TO REQUEST NO. 17 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 18 Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 18

10 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 19 Any and all DOCUMENTS RELATING TO Plaintiff’s job duties and responsibilities for each position held by Plaintiff during this employment with YOU. RESPONSE TO REQUEST NO. 19 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 20 Any and all DOCUMENTS RELATING TO Plaintiff’s payroll, compensation, base salary and “professional fee payments”, as that term is defined in Plaintiff’s employment contracts with YOU, including but not limited to any and all changes in compensation and the reasons for changes, throughout Plaintiff’s employment with YOU. RESPONSE TO REQUEST NO. 20 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 21 Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices regarding base salary steps, salary guidelines, deferred compensation plans, pension plans, health insurance and employment benefits applicable to Plaintiff’s position s held throughout his employment with YOU. RESPONSE TO REQUEST NO. 21 Defendants will produce all documents responsive to this request by December21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 22 Any and all DOCUMENTS RELATING TO Plaintiff’s work schedule and/or removal therefrom, including but not limited to timesheets, from October 24, 2000 to present. RESPONSE TO REQUEST NO. 22 11 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 23 Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt’s timesheets from April 20 2005 to the present. RESPONSE TO REQUEST NO. 23 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any as appropriate. REQUEST FOR PRODUCTION NO. 24 Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde’s timesheets, from January 4, 2005 to present. RESPONSE TO REQUEST NO. 24 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate REQUEST FOR PRODUCTION NO. 25 Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff’s performance of his job duties throughout his employment with YOU, whether formal or informal. RESPONSE TO REQUEST NO. 25 Defendants object to this request to the extent it requests documents that contain information protected by the attorney-client privilege. Without waiving that objection, Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 26 12 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written materials, and computer files stored on Plaintiff’s computer at Kern Medical Center’s servers. RESPONSE TO REQUEST NO. 26 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. After diligent search, Defendants believe Groupwise calendar information was deleted many months ago as part of the routine 90-day cycling of the Groupwise software. Defendants are continuing to search for materials that were on the computer that was assigned to Plaintiff. Some material was archived before the computer was reassigned and Defendants will produce copies of the material that was archived by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 27 Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or Plaintiff’s employment at Kern Medical Center. RESPONSE TO REQUEST NO. 27 Defendants object to this request to the extent it requests documents that contain information protected by the attorney-client privilege. Without waiving that objection, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 28 Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints, warnings, reprimands, counseling, advisory notices or evaluations of the Kern Medical Center Pathology Department, whether formal or informal, from October 24, 1995 to the present. 13 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 28 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving that objection, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 29 Any and all DOCUMENTS RELATING TO Plaintiff’s complaints of: a) disability discrimination b) failure to accommodate c) failure to engage in an interactive process d) violation of medical leave rights e) whistleblower retaliation f) medical leave retaliation g) deprivation of property without due process h) defamation i) Fair Labor Standards Act violations RESPONSE TO REQUEST NO. 29 Defendants object to this request to the extent it requests documents that contain information protected by the attorney-client privilege. Without waiving that objection, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 30 Any and all DOCUMENTS RELATING TO any investigation of Plaintiff’s complaints of disability discrimination, failure to accommodate, failure to engage in an interactive process, 14 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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violation of medical leave rights, whistleblower retaliation, medical leave retaliation, defamation and/or deprivation of property without due process. RESPONSE TO REQUEST NO. 30 Defendants object to this request to the extent it requests documents that contain information protected by the attorney-client privilege. Without waiving that objection, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 31 Any and all DOCUMENTS RELATING TO any procedures available to YOUR employees to complain of corruption, fraud and other wrongful, illegal or unethical conduct, that YOU contend was distributed or made available to YOUR employees, whether management or non-management, from October 24, 2000 to the present, and the date of such asserted distribution(s). RESPONSE TO REQUEST NO. 31 Defendants will produce all documents responsive to this request by December 21, 2007 depending on receipt of reimbursement for estimated copy costs REQUEST FOR PRODUCTION NO. 32 Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against whom a complaint or grievance of discrimination, harassment, defamation, retaliation, failure to accommodate, and/or failure to engage in an interactive process in their employment was made from October 24, 2000 to date. RESPONSE TO REQUEST NO. 32 Defendants object to this request on the grounds that it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. Defendants do not believe these

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objections can be resolved by redaction. Defendants also object on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 33 Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR past or present employees against YOU for defamation, retaliation, disability discrimination, failure to accommodate, and/or failure to engage in an interactive process, including but not limited to any informal or internal complaints, grievances or charges to any state or federal agency, and complaints filed in any state or federal court from October 24, 2000 to date. RESPONSE TO REQUEST NO. 33 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case. Consequently, this request is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object on the ground that the phrase, “informal or internal complaints” is vague and, depending on interpretation, could include any off-hand gripe by any employee, to the extent it was memorialized in writing. Defendant County of Kern employs several thousand employees. In the past seven years, there could be many documents that fit the description of this request yet none have anything to do with the issues in this case. This request is, accordingly, overbroad and burdensome. Defendants do not believe redaction would resolve these objections. REQUEST FOR PRODUCTION NO. 34 Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU by Plaintiff RESPONSE TO REQUEST NO. 34 Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 35

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Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received from any governmental or regulatory authority, including but not limited to the California Department of Fair Employment and Housing, the California Labor and Workforce Development Agency, and the U.S. Department of Labor. RESPONSE TO REQUEST NO. 35 Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 36 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and evaluation of candidates for the position of staff pathologist at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 36 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 37 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of Pathology at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 37

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Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. Without waiving those objections, after diligent search, Defendants have not been able to locate any documents that are responsive to this request. REQUEST FOR PRODUCTION NO. 38 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and evaluation of candidates for the position of locum tenens pathologist at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 38 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 39 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center during the period from January 1, 2006 to present. RESPONSE TO REQUEST NO. 39

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Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 40 Any and all DOCUMENTS RELATING TO YOUR removal of Dr. Royce Johnson from the position of Chair or Chief of Medicine at Kern Medical Center. RESPONSE TO REQUEST NO. 40 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. REQUEST FOR PRODUCTION NO. 41 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and evaluation of candidates for the position of Chair or Chief of Medicine at Kern Medical Center during the period from October 24, 2000 to present. RESPONSE TO REQUEST NO. 41 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from 19 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 42 Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical Center oncology conference in May 2005, including but not limited to participant evaluation forms. RESPONSE TO REQUEST NO. 42 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, Defendants will produce non-privileged documents responsive to this request, if any, by December 21, 2007. Defendants will redact privileged, if any, information as appropriate. REQUEST FOR PRODUCTION NO. 43 Any and all DOCUMENTS RELATING TO Plaintiff’s presentations made at the Kern Medical Center oncology conference on or about October 12, 2005. RESPONSE TO REQUEST NO. 43 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA and the peer review privilege, and documents that are subject to the attorney-client privilege. Without waving these objections, 20 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants will produce non-privileged documents responsive to this request, if any, by December21, 2007. Defendants will redact privileged, if any, information as appropriate. REQUEST FOR PRODUCTION NO. 44 Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from Chair of Kern Medical Center’s Pathology Department to staff pathologist. RESPONSE TO REQUEST NO. 44 Defendants object to this request to the extent it requests documents that are privileged under the attorney-client privilege. Without waiving this objection Defendants will produce all non-privileged documents responsive to this request by December21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 45 Any and all DOCUMENTS RELATING To the “packets containing information about Dr. Jadwin” which Peter Bryan collected at the end of Kern Medical Center’s Joint Conference Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10, 2006. RESPONSE TO REQUEST NO. 45 Defendants are searching for documents responsive to this request. Because of administrative and management changes at Kern Medical Center, it may not be possible to reconstruct the “packets” requested. Defendants object to this request to the extent it requests information protected by the peer-review or attorney-client privileges. Defendants also object to this request to the extent it seeks documents that contain confidential personnel information. Without waiving these objections, and to the extent that the “packets” can be reconstructed, Defendants will produce all documents responsive to this request, if any, by December21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 46 Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on administrative leave on or about December 7, 2006. RESPONSE TO REQUEST NO. 46 21 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants object to this request to the extent it requests information protected by the attorney-client privilege. Without waiving that objection, Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 47 Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on administrative leave. RESPONSE TO REQUEST NO. 47 Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 48 Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of Plaintiff to his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 white he was on administrative leave. RESPONSE TO REQUEST NO. 48 Defendants believe all documents responsive to this request have been previously produced to Plaintiff. Defendants will confirm this or produce additional documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 49 Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff’s employment contract with YOU that was purportedly made on or about May 1, 2007. RESPONSE TO REQUEST NO. 49 Defendants object to this request to the extent it requests information protected by the attorneyclient privilege. Without waiving that objection, Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional 22 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 50 Any and all DOCUMENTS RELATING TO any discipline, coaching. reprimand or corrective action taken against Plaintiff by YOU. RESPONSE TO REQUEST NO. 50 Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 51 Any and all DOCUMENTS RELATING TO Kern Medical Center’s Disruptive Physician Policy, including but not limited to Bylaw Committee meeting minutes. RESPONSE TO REQUEST NO. 51 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA and the peer-review privilege, and documents protected by the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. This request is also vague because Defendants are not aware of any connection between the Disruptive Physician Policy and the Bylaw Committee meeting minutes. REQUEST FOR PRODUCTION NO. 52 Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera’s lawsuit against Kern Medical Center filed in Kern County California Superior Court. RESPONSE TO REQUEST NO. 52 Plaintiff has narrowed this request to eliminate any documents that have been filed with the Kern County Superior Court. As so limited, this request seeks documents in the County Counsel’s litigation file, many of which are protected by the attorney work-product and attorney23 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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client privileges. To the extent this request seeks information that is protected by the attorneyclient privilege, Defendants object to it. Defendants also object to this request on the grounds that it is not reasonably calculated to lead to the discovery of admissible evidence. Defendants are in the process of reviewing documents that may be responsive to this request and, without waiving these objections, will produce non-privileged documents, if any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants may redact privileged information if appropriate. REQUEST FOR PRODUCTION NO. 53 Any and all DOCUMENTS RELATING TO services provided to YOU by the Camden Group RELATING TO Kern Medical Center. RESPONSE TO REQUEST NO. 53 Defendants believe all documents responsive to this request have been previously produced. Defendants will confirm this or produce additional documents, if there are any, by December21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 54 Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING TO patient fatalities at Kern Medical Center from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 54 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 55 24 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TO the review of Kern Medical Center’s placental evaluations and billing activity as conducted by outside consultants, including but not limited to ProPay Physician Services, LLC, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 55 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 56 Any and all DOCUMENTS RELATING TO blood bank monthly reports, included but not limited to reports generated by Michelle Burris, from January 2006 to present. RESPONSE TO REQUEST NO. 56 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 57

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Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance reports from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 57 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 58 Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005. RESPONSE TO REQUEST NO. 58 Defendants object to the request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA. the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 59 Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center’s Cancer Clinic from January 1, 2003 to the present. 26 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 59 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 60 Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident Reports for all Kern Medical Center personnel from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 60 Defendants object to this request to the extent it seeks documents that contain confidential personnel information or information protected by the attorney-client privilege. Defendants also object to the extent the documents contain information protected by the peerreview privilege and on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 61 Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern Medical Center from October 24, 2000 to the present, including but not limited to DOCUMENTS RELATING TO the outside consultant study conducted by Dr. David Lieu in 2004. RESPONSE TO REQUEST NO. 61 Defendants object to this request to the extent it seeks documents that contain confidential personnel information or information protected by the attorney-client privilege. Defendants also object to the extent the documents contain information protected by the peerreview privilege and on the grounds that the request is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce all documents responsive to this request by December21, 2007, depending on receipt of

27 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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reimbursement for estimated copy costs. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 62 Any and all DOCUMENTS RELATING TO Peter Bryan’s appointment calendar from January 1, 2004 to September 1, 2006. RESPONSE TO REQUEST NO. 62 After diligent search, Defendants have determined that the Groupwise calendar information was deleted many months ago as part of the routine 90-day cycling of the Groupwise software. Defendants believe there are no documents responsive to this request. REQUEST FOR PRODUCTION NO. 63 Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical Center committees or groups from October 24, 2000 to the present: a) h) c) d) c) f) g) Medical Executive Committee Joint Conference Committee Quality Management Committee Cancer Committee Second Level Peer Review Committee Transfusion Committee Executive Staff Meetings

RESPONSE TO REQUEST NO. 63 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs, Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 64 28 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Any and all DOCUMENTS RELATING TO policies of Kern Medical Center’s Pathology Department from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 64 Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. REQUEST FOR PRODUCTION NO. 65 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s Pathology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants. RESPONSE TO REQUEST NO. 65 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 66 Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs— by pathologist — for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 66 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of 29 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 67 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs — for Kern Medical Center’s Pathology Department as a whole — for pathology reports processed at Kern Medical Center including but riot limited to surgical pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 67 Defendants object to this request to the extent it requests documents that contain confidential personnel information, documents protected from disclosure by state or federal jaw, including HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to the attorney-client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer review and personnel information as appropriate. REQUEST FOR PRODUCTION NO. 68 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 68 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact all privileged information as REQUEST FOR PRODUCTION NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers 305-4131, 306-4519, 306-5229, 306-73276. 30 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 69 Plaintiff has amended this request by clarifying that Case NO. 306-73276 relates to Case Nos. S06-495. 506-3511 and 506-4619. Defendants renew their objections to this request on the grounds that it requests documents that contain confidential information under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peerreview information. Without waiving these objections Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 70 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center’s Pathology Department during the time period from January 1, 1995 to the present, including but not limited to computer-generated data, monthly peer review records completed by pathologists, and peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. RESPONSE TO REQUEST NO. 70 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is Not relevant to any issues in this Case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 71 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. 31 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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RESPONSE TO REQUEST NO. 71 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 72 Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s Pathology Department from January 1, 2006 to present. RESPONSE TO REQUEST NO. 72 Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 73 Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 73

32 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA. the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request, Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 74 Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present RESPONSE TO REQUEST NO. 74 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer-review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact confidential and privileged information as appropriate. REQUEST FOR PRODUCTION NO. 75 Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel defections from June 14, 2006 to the present, including but not limited to exit interview notes. RESPONSE TO REQUEST NO. 75 Defendants object to this request on the grounds that it is vague. Defendants do not know what “personnel defections” means. If Plaintiff intends to request a list of employees who have separated from County employment or transferred out of the pathology laboratory, Defendants can prepare such a list but Defendants believe such a list will need to be redacted to remove 33 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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confidential personnel information. Defendants will produce a list of employees who have separated from County employment or transferred out of the laboratory by December 21, 2007, depending on receipt of reimbursement for estimated copy costs, and will redact the confidential information as appropriate. REQUEST FOR PRODUCTION NO. 76 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 76 Defendants will produce all documents responsive to this request by December21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 77 Defendants will produce all documents responsive to this request by December21, 2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as appropriate. REQUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 78 Plaintiff has attempted to narrow this request but the revised request is broader, more burdensome and less calculated to lead to the discovery of admissible evidence than the original request. Defendants object to this request because it is not reasonably calculated to lead to the discovery of admissible evidence and is burdensome. Defendants object to this request on the grounds that it calls for the production of documents that contain confidential personnel information that is not relevant to any issues in this case and is not reasonably calculated to lead 34 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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to the discovery of admissible evidence. Defendants also object to this request to the extent it requests information protected from disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel privilege, and documents that contain information protected by the attorney-client privilege. After review of the documents potentially responsive to this request. Defendants have determined that the burden of redacting privileged information outweighs the marginal relevancy of the remaining information in the documents. REQUEST FOR PRODUCTION NO. 79 Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. RESPONSE TO REQUEST NO. 79 After diligent search, Defendants have not been able to locate any documents responsive to this request. REQUEST FOR PRODUCTION NO. 80 Any and all DOCUMENTS RELATING TO Golden Empire Medical Group. RESPONSE TO REQUEST NO. 80 Alter diligent search, Defendants have not been able to locate any documents responsive to this request.

Dated: December 19, 2007

LAW OFFICES OF MARK A. WASSER

By:

/s/ Mark A. Wasser Mark A. Wasser Attorney for Defendants, County of Kern, et

al.

35 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 4 EXHIBIT 4: Defendant’s Privilege Log

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PRIVILEDGE LOG
Jadwin v. County of Kern, et al. Documents Produced in Response to Plaintiff’s Request for Production of Documents (Set One)

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Medical Record Suspension List

0005166 – 0005168

0005169

20022003

0005202 - 0005203

Intense Analysis Action Plan Completion Medical Record Suspension List Intense Analysis Action Plan Completion Medical Record Suspension List Intense Analysis Action Plan Completion

0005204

20022003

0005233 - 0005234

0005257

20022003

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review; Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157

1

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Medical Record Suspension List

0005394

0007053 - 0007060

11/7/06

Deficient Charts by Days Outstanding

0007515 - 007521

3/6/06

Deficient Charts by Days Outstanding

0007747 - 0007749

11/7/07

Proctoring Progress Report

0007837 - 0007841

8/22/07

Jennifer Abraham

Robert Wallace

Letter

0007930

Provider License Status

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel Information, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

2

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Action Plans for Unsatisfactory Annual Performance Reviews

0008718 - 0008722

20002001

0008752 - 0008757

20002001

0008830 - 0008834

20002001

0008982 - 008895

20012002

0009336 - 0009337

7/2001 – 6/2002

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157

3

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Disciplinary Actions and Involuntary Terminations Summary of Annual Competency Ratings by Classification Memorandum

0009336 - 009337

2003

0009341-0009342

2003

0010925 - 0010926

3/3/03

Peter H. Parra Barbara Patrick

Peter K. Bryan

Marvin Kolb

0011034 - 0011038

Jose Perez

Memorandum

0011039-0011042

3/19/07

Members, Board of Supervisors

David K. Culberson

Ron Errea Bernie Barmann Karen Barnes Irwin Harris

Memorandum and Handwritten Notes Memorandum

0011044

1/5/07

Ron Errea Fred Plane

David K. Culberson

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

4

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Email

0011068

3/16/07

David K. Culberson Irwin Harris

0011101 - 0011125

8/06

Paul Esselman

Candidate Presentation

0011140

Memorandum re Salary

011078 - 11080

David K. Culberson

Memorandum

REASON FOR WITHOLDING/ REDACTING Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

5

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 5 EXHIBIT 5: Defendant’s Supplemental Privilege Log

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PRIVILEDGE LOG
Jadwin v. County of Kern, et al. Documents Produced in Response to Plaintiff’s Request for Production of Documents (Set One)

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Unidentified Patient Log

0012735 – 0012736

0012738 - 0012739

7/21/00

Fangluo Liu

Yao Shi Fu

Letter

0012741

7/21/00

Fangluo Liu

Yao Shi Fu

Letter

0012744 - 0012864

Letters and Medical Records

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

1

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Pathology Report

0012866

11/14/00

Bakersfield Pathology Medical Group

0012867 - 0012868

Unidentified Patient Log

0012869 - 0012892

Letters and Medical Records

0012894 – 0013048

Letters and Medical Records

0013049 – 0013050

Unidentified Patient Log

0013051 - 0013135

Letters and Medical Records

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

2

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BATES NO.

DATE

TO

FROM

CC

0013136 - 0013137

0013138 - 0013477

0013478 - 0013479

0013480 - 0013683

0013684 - 0013685

0013687 - 0013833

0013834 - 0014138

2006/ 2007

REASON FOR WITHOLDING OR REDACTING Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Surgical Confidential Medical Specimen Receipt Record (HIPAA) Log

DOCUMENT TYPE

3

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Medical Records

0014454 - 0014503

0014595 - 0014641

11/15/06 Karen Barnes

Phil Dutt

Peer Review Memorandum

0014643 - 0014730

Letters and Medical Records

0014753 – 0014755

Surgical Pathology Report

0014765 – 0014769

Surgical Pathology Report

0014771 - 0014776

Surgical Pathology Report

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Peer Review.,Evid Code 1157,and Attorney-Client privilege Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

4

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Surgical Pathology Report

0014778– 0014784

0014786 - 0014792

Surgical Pathology Report

0014793 – 0015315

9/06 – 12/06 12/15/06 Kern Medical Center Timothy Dutra

0015453 - 0015536

0015537 - 0015641

3/7/07

Kern Medical Center

Martin Lipschultz

0015642 - 0015683

4/4/06

Kern Medical Center

Vivek Bhargava

Surgical Pathology Reports California Participating Physician Application Application for Patient-Specific and Locum Tenens Temporary Privileges Application for Patient-Specific and Locum Tenens Temporary Privileges

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Confidential Medical Records (HIPAA) Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040

Confidential Personnel Evid. Code 1040

5

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE California Participating Physician Application California Participating Physician Application Administration Memorandums re Dr. Perez Memorandum

0015684 - 0015725

6/14/07

Kern Medical Center

Gian Yakoub

REASON FOR WITHOLDING OR REDACTING Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040

0015726 - 0015869

2/28/06

Kern Medical Center

Fangluo Liu

0015870 - 0015933

2005 – 2007 1/6/03 Medical Executive Committee Medicine Search Committee

David Culberson

0015934

Peter Bryan

Pete Parra

0015935

6/10/03

Maureen Martin Marvin Kolb

Navin Amin Peter Bryan Eugene Kercher Saman Ratnayaki Tai Yoo

Memorandum

0015936

1/6/03

Eugene Kercher Marvin Kolb Maureen Martin Tai Yoo

Navin Amin Peter Bryan

Memorandum

Confidential Personnel Evid. Code 1040 Redact Patient Names/Confidential Medical Record (HIPAA)

0016149

Transfusion Service – Product Chart Copy

6

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016151

0016153

0016155 - 0016157

0016159 - 0016161

0016163 - 0016179

0016181 - 0016182

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

7

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016184 - 0016185

0016189 – 0016204

0016206 - 0016215

0016217 - 0016218

0016220 - 0016221

0016223 - 0016224

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

8

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016226

0016228 - 0016232

0016234 - 0016235

0016237 - 0016248

0016251 - 0016282

0016284 - 0016293

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

9

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016295 - 0016297

0016299

0016301 - 0016303

0016305

0016307 - 0016309

0016311

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

10

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016313 - 0016327

0016329 - 0016330

0016332 - 0016334

0016336 - 0016337

0016339 - 0016340

0016342

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

11

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016344 - 0016345

0016347 - 0016348

0016351 - 0016352

0016354

0016357 - 0016360

0016362 - 0016371

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

12

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BATES NO.

DATE

TO

FROM

CC

0016373 - 0016375

0016377

0016380 - 0016382

0016384 - 0016395

0016397 - 0016398

0016401 - 0016450

REASON FOR WITHOLDING OR REDACTING Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Reaction Report Names/Confidential Medical Record (HIPAA) Cumulative Trend Redact Patient Report Names/Confidential Medical Record (HIPAA)

DOCUMENT TYPE

13

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Packed RBC’s – Utilization Review Form Medical Records

0016452 - 0016472

0016476

0016478 - 0016494

0016501

Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016503 - 0016521

0016524 - 0016526

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

14

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BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Medical Records

0016528

0016530 - 0016531

0016533 - 0016535

0016537 - 0016541

Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy

0016544

0016546 - 0016547

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

15

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

Document 227-2

Filed 09/23/2008

Page 116 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Transfusion Service – Product Chart Copy Medical Records

0016549 - 0016552

0016554

0016557 - 0016560

0016562 - 0016563

0016567 - 0016573

0016610 - 0016615

Medical Records

0016667 – 0016669

11/19/07 Phil Dutt

Dianne McConnehey

Memorandum

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Peer Review, Evid Code 1157

16

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

Document 227-2

Filed 09/23/2008

Page 117 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Memorandum Performance Evaluation – Surgery Department Performance Evaluations – Pathology Department Email relating to Change of Laboratory Director Laboratory Personnel Report re Gilbert Martinez Letter re KMC Quality Assessment Review Surgical Reports

0016670 0016671 - 0016682

10/9/07

Philip Dutt

Roy Johnson

REASON FOR WITHOLDING OR REDACTING Peer Review, Evid Code 1157 Peer Review, Evid Code 1157

0016683 - 0016894

11/2002

Peer Review, Evid Code 1157

0016897 - 0016900

7/25/06

David Hill Irwin Harris Philip Dutt

Gilbert Martinez

Peer Review, Evid Code 1157

0016902 - 0016905

7/20/06

Peer Review, Evid Code 1157

0017371 - 0017373

10/30/06 Jonathan Epstein

B.C. Barmann Karen Barnes

Irwin Harris Philip Dutt

0017378 – 0017522

Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

17

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

Document 227-2

Filed 09/23/2008

Page 118 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Handwritten Notes Timesheets Timesheets Timesheets Timesheets Timesheets Timesheets Timesheets Timesheets Timesheets Occurrence Report

0017527 - 0017531

12/22/00

0018276 - 0018288 0018291 - 0018298 0018300 0018302 0018304 - 0018305 0018307 - 0018318 0018321 - 0018328 0018330 - 0018332 0018335 - 0018337 0018354 - 018355

1/05 – 2/05 2/05 3/05 3/3/0/05 4/05 4/05 4/05 – 6/05 6/05 – 8/05 8/05 – 9/05 9/05 11/4/05

REASON FOR WITHOLDING OR REDACTING Redact Address and Social Security Number Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Patient Names/Confidential Medical Record (HIPAA)

18

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

Document 227-2

Filed 09/23/2008

Page 119 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Letter with attached Medical Records Memorandum with attached Medical Records Letter with attached Medical Records

0018392 - 0018429

10/25/05 Gary Zohman

David Jadwin

0018430 - 0018439

10/20/05 Maureen Martin

David Jadwin

0018603 - 0018618

8/2/05

Juan Felix

David Jadwin

0018619 - 0018624

5/24/05

Dr. Ratnayake

David Jadwin

Dr. Johnson

Memorandum with attached Medical Records Memorandum with attached Medical Records Letter with attached Medical Records

0018625 - 0018630

5/24/05

Dr. Ratnayake

David Jadwin

Dr. Johnson

0018631 - 0018633

5/16/05

David Jadwin

Steven Jacobs

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

19

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

Document 227-2

Filed 09/23/2008

Page 120 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Memorandums

0018654 – 0018655

5/24/05

Dr. Ratnayake

David Jadwin

Dr. Johnson

0018657

3/17/05

Kern Medical Center

Transfusion Service – Product Chart Copy Leonard Perez Maureen Martin Memorandum

0018658

5/13/05

William Roy

David Jadwin

0018665 - 0018677

4/05

Kern Medical Center

Surgical Pathology Report

0018684 – 0018686

4/20/05

William Roy

David Jadwin

0018689 – 0018690

4/15/05

David Jadwin

William Roy

Leonard Perez Maureen Martin Gene Kercher Peter Bryan Leonard Perez

Letter

Letter

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

20

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

Document 227-2

Filed 09/23/2008

Page 121 of 182

BATES NO.

DATE

TO

FROM

CC

DOCUMENT TYPE Report re Patient Charges

0018868 - 0018894

12/03 – 3/04

0019805 – 0019810

7/05 – 9/05 0019811 – 0019812 9/12/05

0019813 – 0019867

9/05 – 11/07 0019868 – 0019948 10/04 – 11/07

Timesheets re Philip Dutt Request for Correction of Payroll Error for Philip Dutt Timesheets re Philip Dutt Timesheets re Savita Shertukde

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Social Security Number Confidential Personnel Evid. Code 1040 Redact Social Security Number Redact Social Security Number

21

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

Document 227-2

Filed 09/23/2008

Page 122 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 6 EXHIBIT 6: Defendant’s Second Supplemental Responses to RPD1

Mar 10 08 04:44p

Mark Wasser

916-444-6405

p.1

Case 1:07-cv-00026-OWW-TAG
400 Capitol Mall, Suite 1100 Sacramento, California 95814 Office: 916-444-6400 Fax: 916-444-6405

Document 227-2

Filed 09/23/2008

Page 123 of 182

The Law Offices of Mark A. Wasser

Fax
To:
Fax:

Eugene Lee
(213) 596-0487

From: Amy Remly Pages: 8 (including cover page) Date:
CC:
3/10/08

Phone: (213) 992-3299 Re: Jadwin v. County of Kern

D Urgent

D For Review

D Please Comment

D Please Reply

D Please Recycle

• Comments: Please see attached.

Mar 10 08 04:45p

Mark Wasser

916-444-6405

p.2

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

Document 227-2

Filed 09/23/2008

Page 124 of 182

I 2 3
4

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-maiL mwasser@markwasser.com Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

5

6
7
8

9

10
11

12
13

14
15

16 17 18 19 20 21 22 23 24 25 26 27

DAVID F. JADWIN, D.O. Plaintiff,
vs.

~

Case No.: 1:07-cv-00026-0WW-TAG DEFENDANTS' SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

COUNTY OF KERN, et al., Defendants.

) ) ) ) )

~ Date Action Filed: January 6, 2007 ) Trial Date: August 26, 2008
) ) ) ) )

PROPOUNDING PARTY: RESPONDING PARTY; SET NUMBER:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERN ONE (1)

28

DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORIES

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

Document 227-2

Filed 09/23/2008

Page 125 of 182

1

Defendants hereby submit these second supplemental responses 10 Plaintiff David F. Jadwin's Request for Production of Documents, Set One.

2

3
4 5 6

REQUEST FOR PRODUCTION NO. 11
Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories or lists, including but not limited to names, direct work phone numbers, departments. etc. which were maintained by YOU during Plaintiffs employment with YOU.

7 8 9
10

RESPONSE TO REQl;EST NO. 11
Defendants will produce all documents responsive to this request on March 11,2008.

REQUEST FOR PRODUCTIQN NQ. 22
Any and all DOCUMENTS RELATING TO Plaintiff s work schedule and/or removal there from, including but not limited to timesheets, from October 24, 2000 to present.

11

12
13

SUPPLEMENTAL RESPONSE TO REQUEST NO. 22
Defendants previously produced all documents responsive to this request. The documents are Bates numbered 0019605 - 0019804.

14 15 16 17 18 19

REQUEST FOR PRODUCTION NO. 45
AllY al1d all DOCUMENTS RELATING To the "packets containing information about Dr. Jadwin" which Peter Bryan collected at the end of Kern Medical Cente!"s Joint Conference Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10.

2006.

20
21 22 23 24
25 26

SUPPLEMENTAL RESPONSE TO REOl/EST NO. 45
Defendants previously produced all documents responsive to this request. The documents are bates numbered 001476 - 00155l.

REQUEST FOR !'RODUCTION NO. 65
Any and all DOCUMENTS RELATING TO case send-olit logs for Kern Medical Center's Puthology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants.

27 28

SUPPLEMENTAL RESPONSE TO REQUEST NO. 65
Defendants 'Will prodm:e all documents responsive to this request on March 11,2008. 2 DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORIES

Mar 10 08 04:45p

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pA

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

Document 227-2

Filed 09/23/2008

Page 126 of 182

1
2 3 4 5

REQUEST FQR PRQDUCTION NO. 66
Any and all DOCUMENTS RELATING TO munthly lum-arOllild-lime reports and logs - by pathologist - for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period fTom January I, 1999 to the present.

6
7 8 9 10 11 12 13 14 15 16

SUPPLEMENTAL RESPONSE TO REOCEST :\TO. 66
Defendants previously produced documents responsive to this request for years 200 I to 2005. Those documents are bates numbered 0014575 - 0014595, Dcfcndants are continuing to search for documents for years 1999,2000 and 2006 but have not been able to fmd them yet.

REQUEST FOR PRODUCTION NO. 67
Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time repOlts and logs - for Kern Medical Center's Pathology Department as a whole - lor pathology reports processed at Kcrn Mcdical Ccntcr including but not limited to surgical pathology, cytology and bone marrow reports, for the time period from January I, 1999 to the present.

SUPPLEMENTAL RESPONSE TO REQLEST :'110.67
Defendants will produce all documents responsive to this request on March 11,2008,

17
18 19 20 21 22 23 24 25 26 27 28

REQUEST FOR PRODUCTION NO. 69
Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATiNG TO Case Numbers S06-4131, 806·4619, 806-5229, 806-73276.

SUPPLEMENTAL RESPONSE TO REQCEST :\TQ. 69
Defendants previously produced dQcum<:nt~ responsi ve to this request, the documents are bates numhered 0014453 - 0014503 and 0014709 - 0014792.

REQUEST FOR PRODUCTION NO. 70
Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center's Pathology Department during the time period from January 1, 1995 to the present, including but not limited to computer-generated data. monthly peer review records completed by pathologists, and peer review comment sheets that arc completed by pathologists upon discovery of a discrepancy.
3

DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORlES

Mar 10 08 04:46p

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

Document 227-2

Filed 09/23/2008

Page 127 of 182

Sl:PPLEMENTAL RESPONSE TO REQUEST NO. 70
2 3 4 Defendants previously produced documents responsive to this request for 2006. The documents are bates numbered 0014504 - 0014569. Defendants are continuing to search for documents for the other years requested but have not found them yet.

5
6 7

REQUEST FOR PRODUCTION NO. 71
Any and all DOCUMENTS RELATIKG TO exceptional event logs for histology and pathology on Kern Medical Center's Pathology Department from January 1,2006 to the present.

8
9 10 11 12

SUPPLEMENTAL RESPONSE TO REQUEST NO. 71
Defendants will produce all documents responsive to this request on March 11, 2008.

REQUEST FOR PRODUCTION NO. 72
Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center's Pathology Department fi'om January 1,2006 to present.

13
14 15 16 17 18 19 20 21 22

SUPPLEMENTAL RESPONSE TO REQUEST NO. 72
Defendants will produce all documents responsive to this request on March 11, 2008.

REQUEST FOR PRODUCTION NO. 76
Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14,2006 to the present.

SUPPLEMENTAL RESPONSE TO REQUEST NO. 76
There are no documents responsive to this request.

REQUEST FOR PRODUCTION NO. 77
Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present.

23
24 25 26 27 28

SUPPLEMENTAL RESPONSE TQ REQUEST ~O. 77
Defendants will produce all documents responsive to this request on March 11,2008.

REOUEST FOR PRODUCTION NO. 78
Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14,2006 to the present.

4

DEFENDA"lTS' SUPPLEMENTAL RESPONSES TO PLAINTIFFS INTERROGATORIES

Mar 10 08 04:46p

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

Document 227-2

Filed 09/23/2008

Page 128 of 182

SUPPLEMENTAL RESPONSE TO REQUEST NO. 78

2
3

Defendants will produce all documents responsive to this request on March 11,2008. Dated: March 10, 2008 LAW OFFICES OF MARK A. WASSER

4
5

By;----J7~/:zA:..~7dZ.~0.~·A~J~~:::=:...----____I
Mark A. Wasser
Attomey for Defendants, County of Kem, et al.

6
7
8

9
10
11

12 13
14
15

16
17 18 19 20 21

22
23

24
25

26
27
28 5 DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFFS INTERROGATORIES

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

Document 227-2

Filed 09/23/2008

Page 129 of 182

1 Mark A. Wasser CA SB #060160 LA W OFFICES OF MARK A. WASSER 2 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 3 Phone: (916) 444-6400 Fax: (916) 444-6405 4 E-mail: mwasser@markwasser.com Bernard C. Barmann. Sr. 5 KERN COUNTY COUNSEL Mark Nations, Chief Deputy 6 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: mnations@co.kern.ca.us

9
Attorneys for Defendants COlUlly of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith 11 and William Roy 12

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

13
14

15 DAVID F. JADWIN, D.O.
16 17
vs. Plaintiff,

l 1 PROOF OF SERVICE l
)

Case No.: :07-cv-00026-0W\V-TAG

18 COUNTY OF KERN, et aI.,

19

Defendants.

~ ~)

20 - - - - - - - - - - - - - ) 21

22
23 24
25

26
27

28
PROOF OF SERVICE

Mar 10 08 04:47p

Mark Wasser

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Case 1:07-cv-00026-OWW-TAG
I 2 I, Amy Remly, declare:

Document 227-2

Filed 09/23/2008

Page 130 of 182

I am a resident of the State of California and over the age of eighteen years, and not a party to tbe within action; my business address is 400 Capitol Mall, Suite 1100, Sacramento, CA 95814. On 3 March 10,2008, I served the within documents: Defendants' Second Supplemental Responses to Plaintifrs Request for Production of Documents (Set One).

4
5

by transmitting via facsimile from (916) 444-6405 the above listed document(s) without error to the fax number(s) set forth below on tbis date before 5:00 p.m. A copy oftbe transmittal/confirmation sheet is attached, and by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Sacramento, California addressed as set forth below.

6 7
8

9
10

o
o

of the document(s) listed above to the by causing personal delivery by person(s) at the address (es) set forth below. by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below. Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

11 12
13
14 15

I am readily familiar with the firm's practice of collection and processing correspondence for 16 mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one 18 day after date of deposit for mailing in affidavit. 19 20 21 22 23 24 25 26
27

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 10,2008, at Sacramento,

califor~~~:-:~-'.-='--'-_=-",-~:-:r-_
AM:Y REM(hY

~

28
-2PROOF OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 131 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 7 EXHIBIT 7: Defendant’s Fourth Supplemental Responses to RPD1

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916-444-6405

p.1

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

Document 227-2

Filed 09/23/2008

Page 132 of 182

"file Law Offices o~ Marl\. A.. Wasser
400 Capitol Mall, Suite 1100 Sacramento, Calilornia 958~4 Office: 9~6-444-6400 Fax: 9~6-444-6405

Fax
To: Fax: Eugene Lee (213) 596-0487 From: Mark A. Wasser Pages: 6 (including cover page) Date:
CC:

Phone: (213) 992-3299 Re: Jadwin v. County of Kern

5121/08

o Crgent

o For Review

0 Please Comment

0 Please Reply

0 Please Recycle

• Comments: Please see attached Defendants' Fourth Supplemental Responses to Plaintiffs Request For Production of Documents, Set One.

May 21 08 05:03p

Mark Wasser

916-444-6405

p.2

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

Document 227-2

Filed 09/23/2008

Page 133 of 182

2 3

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405

4
5 6 7 8

E-mail: mwasser@markwasser.com
Bernard C, Barmann, Sr. CA SB #60508 KERK COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kem.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

9
10 II 12 13
14

IS 16 17
18 19

DAVID F. JADWIN, D.O. Plaintiff, vs. COUNTY OF KERN, et aI., Defendants.

~

Case No.: I :07-cv-00026-0WW-TAG

) DEFENDANTS' FOURTH ) SUPPLEMENTAL RESPONSES TO ) PLAINTIFF'S REQUEST FOR ) PRODUCTION OF DOCUMENTS (SET

20
21

!
) ) ) )
)

ONE)

Date Action Filed: January 6, 2007 Trial Date: December 3, 2008

22 23 24 25 26 27 28 PROPOUNDING PARTY: RESPONDI:"lG PARTY: SET NUMBER:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERl'i ONE (1)

I

DEFENDAJ\TS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

May 21 08 05:04p

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p.3

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

Document 227-2

Filed 09/23/2008

Page 134 of 182

Defendants hereby submit these supplemental responses to Plaintiff's Request for 2 3 Production of Documents, Set One in response to the May 9,2008 Order of Magistrate Judge Goldner. The following responses represent those that are due within 10 days of the Order.

4
5 6 7

REQVEST FOR PRODUCTION NO. 11
Any and all DOCUMENTS RELATING TO Kern Yfedical Center personnel directories or lists, including but not limited to names, direct work phone numbers, departments, etc. which were maintained by YOU during Plaintiffs employment with YOU.

8
9 10 II 12

RESPONSE TO REQUEST NO. 11
Defendants have already produced all documents responsive to this request.

REQUEST FOR PRODUCTIQ~NO. 23
Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt's timesheets, from April 20 2005 to the present.

13
14

RESPONSE TO REQUEST NQ. 23
Defendants have already produced all documents responsive to this request.

15
16 17

REQUEST FOR PRODUCTION NO. 24
Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde's timesheets, from January 4, 2005 to present.

18
19 20 21 22 23

RESPONSE TO REQUEST NO. 24
Defendants have already produced all documents responsive to this request.

REQUEST FQR PRQDUCTION NO. 26
Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written materials, and computer files stored on Plaintiff's computer at Kern Medical Center's servers.

24
25 26 27 28

RESPQNSE TQ REQUEST NO. 26
Defendants will produce four additional CDs that contain the remaining contents of the hard drive offthe County computer that was assigned to Plaintiff. The CDs will be available for Inspection and copying at KMC on and after May 22, 2008. Plaintiff may make arrangements with Defendants' counsel to inspect and copy the CDs during normal business hours at KMC.
2

DEFENDANTS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

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916-444-6405

pA

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

Document 227-2

Filed 09/23/2008

Page 135 of 182

REQUEST FQR PRODUCTION NO. 45 2 3 4
S

Any and all DOCUMENTS RELATING To the "packets containing information about Dr. Jadwin" which Peter Bryan collected at the end of Kern Medical Center's Joint Conference Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10, 2006. RESPONSE TO REQUEST NO. 45 Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTION NO. 55 Any and all DOCUMENTS RELATING TO the review of Kern Medical Center's placental evaluations and billing activity as conducted by outside consultants, including but not limited to ProPay Physician Services, LLC, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 55 Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTION NO. 68 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 68 Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTIOK NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers 806-4131, S06-4619, S06-5229, S06-73276. RESPONSE TO REOUEST NO. 69 Defendants have already produced all documents responsive to this request. Dated: May 21, 2008 LAW OFFICES OF MARKA. WASSER

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27

BY:-J:Z=::r..h.CdA:&,d?~~~~~·::~::::::::::==--£
3

------j

28

Mark A Wasser Attorney for Defendants, County of Kern, et aI.

DEFENDANTS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 136 of 182

1 Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 2 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 3 Phone; (916) 444-6400 Fax: (916) 444-6405 4 E-mail: mwasser@markwasseLcom _ Bernard C. Barmann. Sr. CA SB #60508 ) KERN COUNTY COUNSEL 6 Mark Nations, Chief Deputy CA SB #101838 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: mnations@cc.kern.ca.us Attorneys for Defendants County of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith I I and William Roy 12

9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

13
14 15 DAVID F. JADWIN, D.O. 16 17
VS.

) Case No.: l:07-cv-00026-0WW-TAG
)

Plaintiff,

~)

PROOF OF SERVICE

) ) ) ) 19 Defendants. ) 20 1 1 - - - - - - - - - - - - - . )

18 COUNTY OF KERN, et ai,

21 22 23 24 25 26 27 28
PROOF OF SERVICE

May 21 08 05:05p

Mark Wasser

916-444-6405

p.6

Case 1:07-cv-00026-OWW-TAG
1 2 I, Amy Remly, declare:

Document 227-2

Filed 09/23/2008

Page 137 of 182

I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 400 Capitol Mall, Suite 1100, Sacramento, CA 95814. On 3 May 21, 2008, I served the within documents: Defendants' Fourth Supplemental Responses to Plaintiff's Request for Production (Set One). 4 by transmitting via facsimile from (916) 444-6405 the above listed document(s) without error to the fax number(s) set forth below on this date before 5:00 p.m. A copy 5 of the transmittallconfirmation sheet is attached, and 6 by placing the document(s) listed above in a sealed envelope with postage thereon fully 7 prepaid, in the United States mail at Sacramento, California addressed as set forth below.

8

9
10

o
o

of the document(s) listed above to the by causing personal delivery by person(s) at the address (es) set forth below. by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below. Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

11
12

13
14 15

I am readily familiar with the finn's practice of collection and processing correspondence for 16 mailing. Under that practice it would be deposited ",ith the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one 18 day after date of deposit for mailing in affidavit. 19 20 21 22 23 24 25 26 27 28
-2PROOF OF SERVICE

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 21, 2008, at Sacramento, California.

~~~~[b'l'J~l--

.~

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

Document 227-2

Filed 09/23/2008

Page 138 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 8 EXHIBIT 8: Plaintiff’s Requests for Production, Set Three (RPD3)

To: 213-596-0487

From: Law OFFice of Eugene Lee

Pg 1/ 8 07/18/08 4:42 pm

(213) 992-3299
TELEPHONE

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

LAW
555

OFFICE

Document 227-2

Filed 09/23/2008

OF

Page 139 of 182 ELEE@LOEL.COM
EMAIL

E U G ENE
(213) 596-0487
FACSIMILE

L E E
WWW.LOEL.COM WEBSITE

Los

WEST FIFTH STREET SUITE 3100 ANGELES, CALIFORNIA 9001 3-1 01 0

FAX
To: Fax Number: 2135960487 Pages: 8 (including cover page) Re: Jadwin/KC: RDP3 From: Law Office of Eugene Lee Date: 07/18/2008 Comments:

Mark, See attached Plaintiff's requests for production, set 3.

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 2/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 140 of 182

I 2 3 4 5 6 7 8
9

Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 5032 Woodminster Lane Oakland, CA 94602-2614 Telephone: (510) 530-4078 Facsimile: (510) 530-4725 Email: jh@baelo.com Of Counsel to LAW OFFICE OF EUGENE LEE Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 12 13 14 15 16 17 18 19 20

DAVID F. JADWIN, D.O., Plaintiff,
v.

Case No. 1:07-cv-00026-0WW-TAG PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET THREE) Date Action Filed: Date Set for Trial: January 6, 2007 December 2, 2008

COUNTY OF KERN; et al. Defendants.

PROPOUNDING PARTY: 21 ANSWERING PARTY:
22

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P. Defendant COUNTY OF KERN Three

SET NO.: 23 24

Pursuant to Federal Rule of Civil Procedure Rule 34, Plaintiff David F. Jadwin hereby requests that, within thirty (30) days of service hereof, you (i) respond in writing to the following requests, and 25 (ii) produce and pennit the inspection and copying ofthe documents described below at the Law Office 26 of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013. 27 DEFINITIONS 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 3/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 141 of 182

1 2 3
4

A.

The tenn "PERSON" as used herein includes, without limitation, any natural person,

firm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or any other entity.
B.

The tenns "YOU" and "YOUR" as used herein include Defendant County of Kern

5 6 7
8

("Defendant") and include without limitation each predecessor and successor-in-interest, as well as any officer, agent, employee, attorney, representative of Defendant and/or any other PERSONS acting under the control of Defendant or on behalf of Defendant.

c.

The tenn "DOCUMENT' or "DOCUMENTS" as used herein is broadly defined to

9 10 11 12 13 14 15 16 17
18

include all media on which infonnation is recorded or stored, as well as all non-identical copies thereof including copies which bear any notes, notations or markings not found on the originals and all preliminary, intennediate, final and revised drafts of such document. This includes but is not limited to any writings, drawings, graphs, charts, photographs, video or audio recordings, microfilm, data compilations, and electronically-stored information stored in any medium from which infonnation can be obtained such as e-mails, internet browser bookmarks and history, voicemail messages, websites, electronic messages or bulletin boards. As used herein, the tenn "writings" shall include but is not limited to letters, memoranda, reports, and notes whether handwritten or otherwise recorded, whether internal or external to
D.

you.

Electronically-stored infonnation should be printed for production.

The phrase "RELATING TO" as used herein includes referring to, relating to, relates to,

19 20 21
22

responding to, concerning, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, depicting, mentioning, reflecting, analyzing, comprising, constituting, evidencing, and pertaining to, whether in whole or in part.
E.

The tenn "PERSONNEL FILE" as used herein is broadly defined to include all

23 24 25 26 27 28

DOCUMENTS RELATING TO an process improvement file; employee's credentials; qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline, separation or other employment action; as well as the "folder", "jacket" or other container of each such file and any attachments thereto and all files maintained by persons employed by you.
F.

The tenn "PATHOLOGY REPORT" as used herein is broadly defined to include all

DOCUMENTS RELATING TO the description of cells and tissues made by a pathologist based on

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

2

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 4/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 142 of 182

1 2 3 4 5 6 7 8
9 10

microscopic evidence and lab testing and used to render a diagnosis of a disease, including but not limited to the DOCUMENTS RELATING TO the following associated items: original requisitions and attached DOCUMENTS, RBO electronic documentation logs, peer reviewer comment sheets and attached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathology specimens, operative reports for pathology specimens, progress notes made by pathology, outside pathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logs from transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrow reports.
G.

The terms "and" and "or" when used herein each mean "and/or". All references to the singular include the plural, and all references to the plural include

R.

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

the singular. All references to the masculine gender include the feminine and neuter genders and viceversa.

INSTRUCTIONS
A.

This request requires that YOU identify and produce the original or an exact copy of the

original of all DOCUMENTS responsive to any of the following numbered requests which are in YOUR possession, custody or control. A DOCUMENT is deemed to be in YOUR possession, custody or control if it is in YOUR physical custody, or if it is in the physical custody of any PERSON, and YOU:
(l) own such DOCUMENT in whole or in part; (2) have a right by contract, statute or otherwise to use,

inspect, examine or copy such DOCUMENT on any terms; (3) have an understanding, express or implied, that YOU may use, inspect, examine or copy such DOCUMENT on any terms; or (4) have, as a practical matter, been able to use, inspect, examine or copy such DOCUMENT when YOU have sought to do so. Specifically, and without limiting the foregoing, this request encompasses all DOCUMENTS in the possession, custody or control of YOU, YOUR attorneys, YOUR employees, YOUR agents, YOUR affiliates, and/or any other PERSON substantially owned or controlled by
B.

you.

YOU are required to engage in a diligent search and make reasonable inquiries in an

effort to locate the DOCUMENTS requested.
C.

If any requested DOCUMENT is not in YOUR possession, custody or control, YOU are

required to set forth in YOUR response the location of such DOCUMENT.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

3

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 5/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 143 of 182

1 2 3 4 5
6

D.

YOU are required to identify with specificity each DOCUMENT which is responsive to

this request and to organize and label them to correspond with each of the following numbered requests. If a requested DOCUMENT has already been produced in Defendants' Rule 26 initial disclosures, then YOU are requested to indicate such DOCUMENTS by stating their Bates Numbers rather than producing physical duplicates (so as to conserve natural resources).
E.

All DOCUMENTS which are responsive in whole or in part to any of the following

7 8 9 10
11

numbered requests shall be produced in full, without abridgement, abbreviation, redaction or expurgation of any sort. If any such DOCUMENTS cannot be produced in full, YOU are required to produce the DOCUMENT to the extent possible and indicate in YOUR written response what portion of the DOCUMENT is not produced and why it could not be produced.

F.

If any requested DOCUMENT has been destroyed, lost or stolen, YOU are required to se

12 13 14 15
16

forth in YOUR response the subject matter of such DOCUMENT; the location of any copies of the DOCUMENT; whether the DOCUMENT was destroyed, lost or stolen; the date of its destruction, loss or theft; and if destroyed, the name of the PERSON who ordered or authorized or was responsible for such destruction.
G.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

17 18 19 20 21 22 23 24 25 26 27 28

numbered requests based upon an objection, YOU are required to (1) identify and describe each such DOCUMENT in sufficient detail to enable Plaintiff to assess the applicability of the objection, (2) produce as much ofthe material requested as to which such objection is not made, and (3) separately, with respect to each remaining part, (a) state the nature of YOUR objection, (b) set forth each and every ground for YOUR objection, and (c) describe the factual basis, if any, upon which YOU rely in making such objections.

H.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

numbered requests based upon a claim of privilege, YOU are required to: (1) state which privilege is claimed, including the identity of any specific attorney(s) with whom YOU claim a privileged relationship, if any; (2) give a precise statement of the facts upon which the claim of privilege is based; (3) identify and describe each DOCUMENT in sufficient detail to enable Plaintiff to assess the applicability of the privilege or protection by stating: (a) its DOCUMENT type, e.g. letter,

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

4

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 6/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 144 of 182

1 2 3
4

memorandum, note, diskette, tape, etc.; (b) the date it was prepared; (c) the name, address, telephone number and title of the PERSON who prepared it; and (d) the name, address, telephone number, and title of each PERSON who received it, if any; and (e) its subject matter;.
REQUESTS FOR PRODUCTION/INSPECTION

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22

REOUESTNO.I02. Any and all consultation reports issued by Johns Hopkins Hospital or Johns Hopkins University or their affiliates RELATING TO the following KMC medical record numbers: a. 806-37 b. S06-495 c. S06-3511 d. S06-4619 REOUESTNO.I03. Any and all surgical PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the following KMC medical record numbers:
a

S06-4131

b. S06-5229 REQUEST NO. 104. Any and all handwritten notes in this action which were authored by Marvin Kolb during his tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion, termination, anger management, and/or behavior RELATING TO any ofthe following PERSONS: a. Plaintiff b. Royce Johnson c. Edward Taylor d. Joseph Mansour e. Scott Ragland
f.

23 24 25 26 27 28

Jennifer Abraham

g. Eugene Kercher h. Irwin Harris

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

5

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 7/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 145 of 182

1 2 3 4 5 6 7
8
9

1.

Peter Bryan Toni Smith

J

REQUEST NO. 105. Any and all handwritten notes which were authored by Peter Bryan during his tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion, termination, anger management, and/or behavior RELATING TO any of the following PERSONS. a. Plaintiff b. Royce Johnson c. Edward Taylor d. Joseph Mansour e. Scott Ragland
f.

10
11

12 13 14 15 16 17 18 19 20 21
22

Jennifer Abraham

g. Eugene Kercher h. Irwin Harris
1.

Peter Bryan Toni Smith

J

Date: July 18, 2008

23 24 25 26 27 28

~ w OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Attorneys for Plaintiff DAVID F. JADWIN, D.O.

~gene D. Lee

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

6

To: 213-596-0487

From: Law OFFice of Eugene Lee
Document 227-2

Pg 8/ 8 07/18/08 4:42 pm

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

Filed 09/23/2008

Page 146 of 182

1 2 3 4
5

CERTIFICATE OF SERVICE

I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party to the action described herein. I am employed in the County of Los Angeles, California. My business address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA 90013. On the date of execution ofthis DOCUMENT, I served the following: PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET THREE) on the following parties in this action by and through their attorneys addressed as follows: Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite II 00 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22

12<;] BY UNITED STATES MAIL: I enclosed the DOCUMENT(s) listed above in a sealed envelope with postage thereon fully prepaid, addressed to the PERSON(s) listed above, and deposited the sealed envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 12<;] BY FACSIMILE: I transmitted via facsimile the DOCUMENT(s) listed above to the fax number(s) set forth above on this date before or around 5:00 p.m. The outgoing facsimile machine telephone number in this office is (213) 596-0487. The facsimile service used in this office creates a transmission report for each outgoing facsimile transmitted. A copy ofthe transmission report(s) for the service of this DOCUMENT, properly issued by the facsimile service that transmitted this DOCUMEN"T and showing that such transmission was (transmissions were) completed without error, is attached hereto. 12<;] FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I took said actions at the direction of a licensed attorney authorized to practice before this Federal Court.
Executed on July 18, 2008, at Los Angeles, California.

23 24 25 26 27 28

CERTIFICATE OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 147 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 9 EXHIBIT 9: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Subject:

Document 227-2

Filed 09/23/2008

Page 148 of 182

Eugene D. Lee [elee@LOEL.com] Tuesday, August 05, 2008 9:57 PM 'mwasser@markwasser.com' RPD1 followup

Mark,    I notice there have been no documents produced in response to Plaintiff’s requests for production nos. 65 (Pathology  case send‐out logs) and 66 (pathology turn‐around‐time reports). Please provide these documents for inspection and  copying by no later than August 11, 2008.    If you have questions, please contact me any time.   

Sincerely, Gene Lee
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE
LAW

LEE

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : elee@LOEL.com W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

EMPLOYMENT

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

         

1

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

Document 227-2

Filed 09/23/2008

Page 149 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 10 EXHIBIT 10: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Subject: Attachments:

Document 227-2

Filed 09/23/2008

Page 150 of 182

Eugene D. Lee [elee@LOEL.com] Sunday, August 10, 2008 3:06 PM 'mwasser@markwasser.com' RPD1/Personnel Files RPD1 followup; Personnel Files

Mark,    Any followup on this?     

Sincerely, Gene Lee
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : elee@LOEL.com W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

Right-click here to download pictures. To help protect y our priv acy , Outlook prev ented automatic download of this picture from the Internet. California Labor & Employ ment Law B log

 

         

1

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

Document 227-2

Filed 09/23/2008

Page 151 of 182

1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 11 EXHIBIT 11: Defendant’s Responses to RPD3

Aug 15 08 02:47p

Mark Wasser

916-444-6405

p.1

Case 1:07-cv-00026-OWW-TAG
400 Capitol Mall, Suite 2640 Sacramento, California 95814 Office: 916-444-6400

Document 227-2

Filed 09/23/2008

Page 152 of 182

The Law Offices of Mark A. Wasser

Fax: 916-444·6405

Fax
To:
Fax:

Eugene Lee
(213) 596-0487

From:

Mark A. Wasser

Pages: 12 (including cover page)
Date: CC:

Phone: (213) 992-3299 Re:

8/15/08

Jadwin v. County of Kern

D Urgent

D For Review

D Please Comment

D Please Reply

D Please Recycle

• Comments: Please see attached discovery responses.

Aug 15 08 02:49p

Mark Wasser

916-444-6405

p.?

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

Document 227-2

Filed 09/23/2008

Page 153 of 182

1

2
3 4

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A WASSER 400 Capitol Mall, Suite 2640 Sacramento, California 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser([i)mrn-kwasseLeom Bernard C. Barmarm. Sr. CA SB #60508 KER.'l COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun Avenue, Fourth Floor Bakersfield. California 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kem.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smi1h and William Roy

5
6
7 8

9
10
II

12 13 14 15 16
17

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID F. .TADWIN, D.O.
Plaintiff, vs.
COUNTY OF KERN, et aI.,

Case No.: 1 :07-cv-00026-0WW-TAG

DEFENDANTS' RESPONSES TO
PLAINTIFF'S REQUEST FOR PRODUCTION (SET THREE)
Date Action Filed: January 6,2007 Trial Dale: December 2, 2008

18

19
20 21 22
) --,'

Defendants.

PROPOUNDING PARTY: Plaintiff DAVID F. JADWIN, D.O., F.CA.P. RESPONDING PARTY: Defendant COU~TY OF KERN THREE (3)

24
25

SET NUMBER:

Defendants hereby submit these responses to Plaintiff David F. Jadwin's Request for Produdion of Dm:umcnts, Sct Three.

26 27 28

REOUEST FOR PRODUCTIOK NO. 102
Any and all consultation reports issued by Jolm Hopkins Hospital or John Hopkins
-1DEFE'\'DANTS' RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTlON, SET THREE

Aug 15 08 02:49p

Mark Wasser

916-444-6405

p.8

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

Document 227-2

Filed 09/23/2008

Page 154 of 182

1

University of their aftiliates RELATlNU TO the follo",",ng KMC medical record numbers:
a.

2
3
4

S06-37

b.
c. d.

806-495 806-3511 806-4619

5

6 7 8 9 10 II
12

RESPONSE TO REQUEST FOR PRODUCTION NO. 102 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. REQUEST FOR PRODUCTION NO. 103 Any and all PATHOLOGY REPORTS RELATI\IG TO the patient(s) corresponding to the following KMC medical record numbers:
a.

S06-4131 S06-5229

13 14
15

b.

RESPONSE TO REQUEST FOR PRODUCTIOX NO. 103 The numbers listed in this request are not K:YIC medical record numbers. Neve11heless, Defendants will produce all documents responsive to this request. REQUEST FOR PRODUCTION NO. 104 Any and all handwritten notes in this action which were authored by Marvin Kolb during his tenure at KIvlC RELATING TO complaints,
inve~tiglltion~, correctiYl;'

16 17
18 19 20
21

action,

di~cipline,

demotion, tennination, anger management and/or behavior RELATING TO any ofthc following PERSONS: a. Plaintiff Royce Johnson Edward Taylor Joseph Mansour Scott Ragland Jennifer Abraham Eugene Kercher
-2DEFENDANTS' RESPO'lSES TO PLATNTIFF'S REQUEST FOR PRODUCTION, SET THREE

22

b.
24

c.
d. e.

25 26 27
28

f
g.

Aug 15 08 02:50p

Mark Wasser

916-444-6405

p.9

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

Document 227-2

Filed 09/23/2008

Page 155 of 182

1

h.
1.

Irwin Harris Peter Bryan Toni Smith

2
3

j.

4
5 6 7

RESPONSE TO REOUEST FOR PRODUCTION NO. 104
With regard to Plaintiff, all such notes that Defendants are aware of have been previously produced. With regard to the other individuals, Defendants object to this request on the grounds that it calls for the production of intonnation that is protected by the privacy interests of

& individuals who are not "comparators" as that term has been defined in the reported cases and is
9
10

not reasonably calculated to lead to the discovery of admissible evidence.
REQUEST FQRPRODUCTION NO. lOS

11 12 13 14
15

Any and all handwritten notes in this action which were authored by Peter Bryan during his tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion, tennination, anger management and/or behavior RELATING TO any of the follo\'\'ing
PERSONS:

a. b. c.
d.

Plaintiff Royce Johnson Edward Taylor Joseph Mansour Scott Ragland Jennifer Abraham Eugene Kercher Irwin Harris Peter Bryan Toni Smith

16 17
18

19
20

e.
f.

21

g. h.

22
23
24

i.
J.

25 26 27 28

RESPONSE TO REQUEST FOR PRODUCTION NO. 104

With regard to Plaintiff, all such notes that Defendants are aware of have been previously produccd. With rcgard to thc othcr individuals, Defendants object to this request on the grounds that it calls for thc production of infonnation that is protected by the privacy interests of

-3DEFENDANTS' RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET THREE

Aug 15 08 02:50p

Mark Wasser

916-444-6405

p.10

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

Document 227-2

Filed 09/23/2008

Page 156 of 182

individuals who are not "comparators" as that term has been defined in the reported cases and is 2 3 4 Dated: August 1S, 2008 LAW OFFICES OF MARK A. WASSER not reasonably calculated to lead to the discovery of admissible evidence.

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Mark A. Wasser Attorney for Defendants, County of Kern, et al.

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-4DEFE'IDANTS' RESPONSES TO PLAINTlFF'S REQUEST FOR PRODUCTION, SET THREE

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Mark Wasser

916-444-6405

p.11

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:\1ark A. Wasser CA 58 #060160 LAW OFFICES OF MARK A. WASSER 'I 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 3 Phone: (916) 444-6400 Fax: (916) 444-6405 4 E-mail: mwasser@markwasser.col1l

5 Bernard C. Barmann, Sr. CA S8 #60508
KERN COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 6 1115 Truxtun Avenue. Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: mnations@co.kern.ca.us

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Attorneys for Defendants County of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith 11 and William Roy

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15 DAVID F. JADWIN, D.O.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

Case No.: 1 :07-cv-00026-0'i'lW-TAG

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vs.

Plaintiff,

ROOF OF SERVICE

18 COUNTY OF KERN, et aI.,

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Defendants.

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PROOF OF SERVICE

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Mark Wasser

916-444-6405

p.12

Case 1:07-cv-00026-OWW-TAG
1 I, Amy Remly, declare:

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I am a resident ofthc State of California and over the age of eighteen years, and not a party to the within action; my business address is 400 Capitol Mall, Suite 2640, Sacramento. CA 95814. On 3 August 15,2008, I served thc within documents:
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• • • Defendants' Responses to Plaintiff's Request for Admission, Set Two Defendants' Responses to Plaintiff's Request for Admission, Set Three Defendants' Responses to Plaintiff's Request for Production, Set Three

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by transmitting via facsimile from (916) 444-6405 the above listed document(s) error to the fax number(s) set forth below on this date before 5:00 p.m. A copy of the transmittal/confirmation sheet is attached. and
'I\~thout

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by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Sacramento, California addressed as set forth below. by causing personal delivery by of the document(s) listed above to the person(s) at the address (es) set forth below. by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below.

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Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Cnder that practice it would be deposited with the U.S. Postal Service on that same day with 18 postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one 19 day after date of deposit for mailing in affidavit. 20
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I declare under penalty of perjury under the laws of the State of California that the above is true
and correct. Executed on August 15,2008, at Sacramento, Calilli~\IU\ h~

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AMYREM~

~

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-2PROOF OF SERVICE

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 12 EXHIBIT 12: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Subject:

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Eugene D. Lee [elee@LOEL.com] Monday, August 18, 2008 10:14 PM 'mwasser@markwasser.com' Discovery Responses

Mark,    Thank you for your fax of August 15, 2008. I am writing to meet and confer regarding Defendants’ responses to Plaintiff’s  latest discovery requests.    RFA2 consisting of RFA nos. 291 to 294 and RFA3 consisting of RFA nos. 295 to 296 request authentication and business  record determination to documents which were identified in an attached schedule. Defendants have responded as  follows:    “Defendants object to this request on the ground that it calls for a legal conclusion and, in that sense, is a contention  inquiry and not a proper request for admission. Defendants will be prepared to address authentication and business  records determination at the pre‐trial conference.”    Plaintiff’s position is that these are standard authentication and business record RFAs. Plaintiff intends to move to  compel responses and/or to deem them admitted.    RPD3 includes RPD nos. 104 and 105, requesting handwritten notes of Dr. Kolb and Mr. Bryan, respectively, relating to  complaints and corrective action of certain persons. Defendants have responded as follows:    “With regard to Plaintiff, all such notes that Defendants are aware of have been previously produced. With regard to the  other individuals, Defendants object to this request on the grounds that it calls for the production of information that is  protected by the privacy interests of individuals who are not "comparators" as that term has been defined in the  reported cases and is not reasonably calculated to lead to the discovery of admissible evidence.”    Plaintiff’s position is that Defendants’ are not complying with the Stipulation & Order re Privacy (Doc. 137). Unless  Defendants produce these documents immediately (and prior to Plaintiff’s re‐convening of Mr. Bryan’s deposition),  Plaintiff will move to compel not only their production, but also re‐convening of Mr. Bryan’s deposition yet again.  Plaintiff will also consider moving to compel reconvening of Dr. Kolb’s deposition.    Plaintiff also reminds Defendants that they must supplement all prior document production in conformity with the  Stipulation & Order re Privacy. It is apparent that Defendants are laboring under an incorrect conception of the nature  and boundaries of the privacy order which the Court had issued.    Please let me know your response to the foregoing at your earliest convenience as the cutoff date for non‐dispositive  motions fast approaches.   

Sincerely, Gene Lee
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE
LAW

LEE

EMPLOYMENT

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 1

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

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 13 EXHIBIT 13: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Subject:

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Page 162 of 182

Eugene D. Lee [elee@LOEL.com] Thursday, August 28, 2008 10:08 AM 'mwasser@markwasser.com' Discovery Meet and Confer

Mark, We will be sending you a detailed list of the pathology dept-related documents which we still have not received in response to Plaintiff’s requests for production, set one. Also, there are additional discovery requests which remain at issue: REOUEST FOR PRODUCTION NO. 102 Any and all consultation reports issued by Jolm Hopkins Hospital or John Hopkins University of their aftiliates RELATlNU TO the follo",",ng KMC medical record numbers: S06-37 806-495 806-3511 806-4619 RESPONSE TO REQUEST FOR PRODUCTION NO. 102 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. REQUEST FOR PRODUCTION NO. 103 Any and all PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the following KMC medical record numbers: S06-4131 S06-5229 RESPONSE TO REQUEST FOR PRODUCTION NO. 103 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. produce all documents responsive to this request. Since the deadline for motions to compel is Sept. 2, we kindly request your prompt response regarding the above at your earliest convenience. Thank you. Sincerely, Gene Lee
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE
LAW

LEE

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 1

EMPLOYMENT

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

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 14 EXHIBIT 14: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Cc: Subject: Attachments:

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Eugene D. Lee [elee@LOEL.com] Monday, September 01, 2008 10:20 AM 'mwasser@markwasser.com' 'Karen Barnes' FW: Path Doc Requests See my comments and edit before sending to Wasser image002.gif

Mark, Please see below re pathology-related documents. As we discussed during the depos, Plaintiff will be preemptively filing a motion to compel tomorrow but will withdraw the motion once the below documents requests are resolved.

FNA REPORTS We need additional computer records in the HBO system that demonstrate the log of changes by date and time made to the FNA reports sent to UCLA. The reports that we have don’t contain all of the documentation.

REQUEST FOR PRODUCTION NO. 65 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s Pathology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants.

This should be about 800 or more cases, probably 5 boxes full. These are located in files in the pathology office, and some in pathology storage. These are logs of cases that were sent out to outside facilities, both slides and KMC reports. Most will have a report from the outside facility when the slides were returned to KMC after review.

RESPONSE TO REQUEST NO. 65 Defendants object to this request to the extent it requests documents that contain confidential personnel information or information that is protected from disclosure by state or federal law, including HIPAA and the peer review privilege, or documents that are subject to the
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Case 1:07-cv-00026-OWW-TAG

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attorney/client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 66 Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs – by pathologist – for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 66 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

We have not received any semi-annual pathology department notes before or after those written by Jadwin.

The TAT reports should be printed by pathologist for monthly (or quarterly) periods using the HBO reporting system. Kathy Griffith knows how to generate these reports. Reports should be generated for: Freedman, Ang, Lang, Liu, Jadwin, Dutt, Shertudke, and the new pathologist.

Reports can be generated for Surgical Cases (S99- through S08-), Fine Needle Aspiration (F01- through F08-), Non-Gynecologic Cytology (N01- through N08-) and Bone Marrows (B01- through B08-).

REQUEST FOR PRODUCTION NO. 67
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Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 Page 166 of 182 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology reports processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 67 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

Same as above, but for all pathologists as a whole.

REQUEST FOR PRODUCTION NO. 68 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 68 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

Explanatory.

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REQUEST FOR PRODUCTION NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers S06-4131, S06-4619, S06-5229, S06-73276. RESPONSE TO REQUEST NO. 69 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer-review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

Explanatory.

REQUEST FOR PRODUCTION NO. 70 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center’s Pathology Department during the time period from January 1, 1995 to the present, including but not limited to computer-generated data, monthly peer review records completed by pathologists, and peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. RESPONSE TO REQUEST NO. 70 Defendants object to this request on the ground that it requests privileged peer-review
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Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 information. Defendants also object on the ground that it requests information that is

Page 168 of 182

confidential under HIPAA and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce documents responsive to this request by January 7, 2008 if it is possible to redact the confidential and privileged information without rendering the resulting document useless.

These includes peer review data contained in the a peer review Access File maintained by the department secretary (Tracy Lindsey). This should be printed out by year for each and every pathologist in the system (anyone that worked from 2001 onwards. This report should print out case numbers with an associated original pathologist, reviewing pathologist and review code (letter-number): A-C and 0 or 1. This data should be provided in paper and electronic formats.

We also need to have corresponding peer review logs that are filled out each month by each and every pathologist. These are also maintained in the pathology office.

This would also include all corresponding peer review sheets containing comments related to review that are filled out by hand by the reviewing pathologist. There should be a review sheet for any consultation (A) and any case scored (“1”). There are about 20 four inch binders in the pathology department containing these sheets completed by the reviewer. Some may be in pathology storage behind the hospital.

REQUEST FOR PRODUCTION NO. 71 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 71 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it
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objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

There should be exceptional event sheets filled out by pathologist and the histology section each month from 2001 to present. Typically there are 5 to 10 sheets generated each month. They are maintained in the pathology office and/or in pathology storage.l

REQUEST FOR PRODUCTION NO. 72 Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s Pathology Department from January 1, 2006 to present. RESPONSE TO REQUEST NO. 72 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

These are specimen accession logs that Vangie or other person in histology record all incoming specimens that are received each day. It lists the case number, the number of specimens and the labeling of each container

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Case 1:07-cv-00026-OWW-TAG REQUEST FOR PRODUCTION NO. 73

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Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 73 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

All tissue destruction and/or disposal logs for tissue disposed by the pathology department that included skull flaps removed during surgery.

REQUEST FOR PRODUCTION NO. 74 Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 74 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7,
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Explanatory. Obtain any documents in the possess of Dr. Garry, who now lives in Idaho. She is a relative of a laboratory employee.

REQUEST FOR PRODUCTION NO. 76 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 76 Defendants will produce all documents responsive to this request by December 7, 2007.

These are reports generated by the transcription department. They are generated on a daily basis and stored in the pathology office in binders. If there are missing reports, then transcription can print the reports by day listing the dictation of each pathologist, the case number, the type of dictation, the length of dictation, etc.

REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 77 Defendants will produce all documents responsive to this request by December 7, 2007.

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Case 1:07-cv-00026-OWW-TAG Same thing.

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REQUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present.

Copies of all placental reports during the time period specified completed by the department of pathology, including those of all pathologists.

Sincerely, Gene Lee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LAW OFFICE OF EUGENE LEEEMPLOYMENT LAW 555 WEST FIFTH ST., STE. 3100LOS ANGELES, CA 90013Tel: 3 ) 9 9 2 - 3 2 9 9 F a x : ( 2 1 3 ) 5 9 6 - 0 4 8 7 E - m a i l : elee@LOEL.com W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 15 EXHIBIT 15: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Subject: Gene,

Document 227-2

Filed 09/23/2008

Page 174 of 182

Mark Wasser [mwasser@markwasser.com] Tuesday, September 02, 2008 6:48 PM elee@LOEL.com RE: Continued PMK

The IT guy at KMC says he cannot sort the database to print what you want in less than 4 days. I realize Dr. Jadwin thinks the IT guy is wrong but that is what I am told. So, no, I cannot produce additional documents by Thursday. Mark

From: Eugene D. Lee [mailto:elee@LOEL.com] Sent: Tuesday, September 02, 2008 6:42 PM To: mwasser@markwasser.com Subject: RE: Continued PMK

 

Are we going to have the Pathology-related documents prior to Dutt’s continued PMK depo, per your proposed dual-track schedule for Thurs? Sincerely, Gene Lee
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE
LAW

LEE

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : elee@LOEL.com W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

EMPLOYMENT

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

       
From: Mark Wasser [mailto:mwasser@markwasser.com] Sent: Tuesday, September 02, 2008 6:35 PM To: elee@LOEL.com Cc: Karen Barnes; Assistant to Mark A. Wasser Subject: Continued PMK

 
Gene,
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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 16 EXHIBIT 16: Meet and confer correspondence between the parties

Case 1:07-cv-00026-OWW-TAG Eugene D. Lee
From: Sent: To: Cc: Subject: Attachments:

Document 227-2

Filed 09/23/2008

Page 176 of 182

Mark Wasser [mwasser@markwasser.com] Friday, September 05, 2008 7:59 PM elee@LOEL.com Karen Barnes; Assistant to Mark A. Wasser RE: Path Docs/PMK due process image001.gif

Gene,

With regard to the pathology turn-around reports, we have consulted with James Pusavat, the interim laboratory manager, and Eric Santerre, the clinical laboratory supervisor. They both state that the STAR software is not able to print monthly turnaround reports by pathologist. Eric has verified that no such report exists in the SQL database. To run the reports Dr. Jadwin has requested would require that Eric (or an outside programmer at ~ $200/hour) write a special SQL report and then program the system with the requisite codes. The reports would then have to be downloaded into a PC and placed into a readable format - such as Excel. James and Eric estimate it would take between two to five days, depending on competing workload, to write the SQL report and program STAR. It would take another 4 to 5 days to print and collate the reports. Nothing in the FRCP requires the County to create documents that do not exist and cannot be readily generated by existing software. If Dr. Jadwin wants to discuss paying for it, that is a different issue. I will get you an estimate of the cost, if you want.

With regard to the “due process” subjects in the PMK (items 15, 16 and 17), there is no witness who can testify on these topics. The topics are somewhat artificial and, although I understand you do not intend for them to be “contention” requests, they are. Existing discovery has established what happened pretty clearly. Dr. Jadwin did not appear before the JCC at the time it considered removing him as chair. He did not request the opportunity to appear. He did not communicate with anyone at the County after the JCC meeting about the vote. He maintained the silence and absence that had characterized the previous several months. Dr. Jadwin was not consulted before he was placed on administrative leave. The only discussions regarding the nonrenewal of his contract were between you and me and arose in the context of an unsuccessful settlement effort to buy out his contract. I understand what Mr. Watson said at his deposition but you will find that there were no discussions of that subject other than the ones you and I had. The “decision” to not renew the contract was no more than a consequence of not being able to settle the dispute. As to whether the County believes Dr. Jadwin had a protected constitutional interest in the salary he lost, that is a legal issue.

I am willing to draft some undisputed facts about the issue but cannot complete that tonight. However, for purposes of the PMK, there is no witness.

With regard to the terms of Dr. Jadwin’s employment contract, base compensation and professional fees, if the witnesses you depose next Tuesday do not satisfactorily respond to those subjects, we will offer supplemental witnesses after I return from vacation.
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Mark

________________________________ From: Eugene D. Lee [mailto:elee@LOEL.com] Sent: Friday, September 05, 2008 5:01 PM To: mwasser@markwasser.com Subject: Path Docs/PMK due process

Mark,

As we discussed, please let me know what the status is re:

1) Pathology dept-related documents (Plaintiff’s requests for production, set one, nos. 65-78) 2) PMK reps who will address items 15-17 of Plaintiff’s PMK depo notice (due process-related items). Just to remind you, Plaintiff is seeking PMKs who can address: a) the terms of Plaintiff’s employment contract dated 2002 regarding base comp and professional fees, b) KMC’s practice of renewing or not renewing physician contracts, c) the procedure which Kern gave to Plaintiff in connection with removal, administrative leave and non-renewal

We will not be able to depose PMK (Dutt) on items 28 or 29 (monthly turnaround times for pathology, plaintiff’s work performance) on next Tuesday unless we are in receipt of the documents cited in paragraph 1) above.

Please contact me anytime (including this weekend) if you want to discuss the above.

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1 2 3 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 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES 17 EXHIBIT 17: Declaration of Eugene Lee in Support of Motion

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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., Civil Action No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: December 2, 2008 Plaintiff submits this Declaration of Eugene D. Lee pursuant to Local Rule 37-251(d) in lieu of a

11 12 Defendants. 13 14 15 16 17 joint statement re discovery disagreement. 18 I, Eugene D. Lee, declare as follows: 19 1. 20 21

I am an attorney at law duly licensed to practice before the Federal and State Courts of

California and admitted to practice before the U.S.D.C. for the Eastern District of California. I am counsel of record for Plaintiff David F. Jadwin in this matter. 22 2. 23 personal knowledge of the matters set forth below and I could and would competently testify thereto if 24 called as a witness in this matter. 25 3. 26 conferring with Mr. Wasser by phone, fax, letter and email, researching and drafting these moving 27 papers and attending the motion hearing in Bakersfield, CA. My regular rate for such services is $400 28 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 1 I have spent and anticipate spending substantially in excess of 8.8 hours meeting and I am making this declaration in support of plaintiff’s motion to compel production. I have

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per hour. Date 8/5/08 8/10/08 8/18/08 8/18/08 8/28/08 9/1/08 9/2/08 9/5/08 9/1/08 9/19/08 Task Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Review Defendants’ responses to RPD3 Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Emails from/to Mr. Wasser re doc requests Emails from/to Mr. Wasser re doc requests Draft and file Motion to Compel Draft Joint Statement to Motion to Compel Billed Time (hrs) 0.1 0.1 0.7 0.8 0.3 0.9 0.2 0.6 0.5 4.6

4.

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 $5,120 in compensation for the 8.8 hours charged

($3,520), 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 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 2

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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.

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: September 23, 2008

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 3 /s/ Eugene D. Lee EUGENE D. LEE Declarant

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CERTIFICATE OF SERVICE I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party to the action described herein. I am employed in the County of Los Angeles, California. My business address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA 90013. On the date of execution of this DOCUMENT, I served the following: JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION on the following parties in this action by and through their attorneys addressed as follows:

8 9 10 11 12 13 14 15 16 17 18 Executed on September 19, 2008, at Los Angeles, California. 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Eugene D. Lee FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I took said actions at the direction of a licensed attorney authorized to practice before this Federal Court. BY UNITED STATES MAIL: I enclosed the DOCUMENT(s) listed above in a sealed envelope with postage thereon fully prepaid, addressed to the PERSON(s) listed above, and deposited the sealed envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy


				
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.