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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 IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER Date: September 29, 2008 Time: 9:00 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: n/a Plaintiff submits this Declaration of Eugene D. Lee in support of Plaintiff’s request for sanctions

11 12 Defendants. 13 14 15 16 17

against Mr. Wasser regarding his conduct during Defendants’ deposition of Plaintiff’s expert, Regina 18 Levison. 19 I, Eugene D. Lee, declare as follows: 20 1. 21 California and admitted to practice before the United States District Court for the Eastern District of 22 California. I am the attorney representing Plaintiff David F. Jadwin in this matter. 23 2. 24 Wasser, counsel of record for Defendants, for his misconduct at the deposition of Plaintiff’s expert, 25 Regina Levison. The facts stated herein are personally known to me and if called as a witness, I could 26 and would competently testify to the truth of the facts set forth in this declaration. 27 3. 28 On September 2, 2008, Mr. Wasser, counsel of record for Defendants, deposed Plaintiff’s I am making this declaration in support of Plaintiff’s request for sanctions against Mark I am an attorney at law duly licensed to practice before the Federal and State Courts of

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expert, Regina Levison, at his office in Sacramento, CA. My co-counsel, Joan Herrington, defended the deposition on behalf of Plaintiff. 4. Plaintiff agreed to having the deposition at Mr. Wasser’s office, rather than at Ms.

Levison’s office, out of a desire to accommodate Mr. Wasser and avoid the kind of petty bickering which Mr. Wasser has initiated countless times in this action. 5. 6. It is customary for experts to be deposed at their offices. Other than Ms. Levison, all of the expert depositions conducted by both Plaintiff and

Defendants have taken place at the office of the experts, not the attorneys or parties. 7. At the conclusion of her deposition, Ms. Levison requested to be paid for her travel time.

Mr. Wasser refused. He claimed that it was I who had sent him an email requesting that Ms. Levison’s deposition be held at his rather than Ms. Levison’s office; hence, Defendants should not have to pay for Ms. Levison’s travel time. 8. 9. This is a lie. Mr. Wasser has incontrovertibly been proven a liar countless times in this action. Plaintiff

has been prejudiced by Mr. Wasser’s persistent misconduct in this action and Plaintiff intends to pursue his remedies at the appropriate time. 10. First, I never sent an email to Mr. Wasser requesting that Ms. Levison’s deposition be

held at his office. I would have gained nothing by making such a request, other than to inconvenience my own co-counsel, Ms. Herrington, and Ms. Levison, both of whom had to travel a significant distance to Mr. Wasser’s office in Sacramento, CA. I challenge Mr. Wasser to substantiate his claim that I sent him an email requesting that Ms. Levison’s deposition be held at his office. 11. Second, it was Mr. Wasser who unilaterally set Ms. Levison’s deposition to occur at his

rather than her office. 12. On July 29, 2008, Mr. Wasser served a deposition subpoena on Ms. Levison, via fax to

me, notifying her that Defendants would be deposing her at his office on August 15, 2008, at 10 a.m.. A true and correct copy of the deposition subpoena is attached hereto as Exhibit 1. 13. In noticing Ms. Levison’s deposition, Mr. Wasser acted unilaterally, without meeting and

conferring with Plaintiff as to the dates of Ms. Levison’s availability or location. In this regard, Plaintiff

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 2

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filed a motion for protective order regarding Mr. Wasser’s unreasonable conduct. (Doc. 175). 14. At no time did Mr. Wasser ever receive or accommodate any requests from Plaintiff

regarding the deposition of Ms. Levison, let alone a request that her deposition be held at Mr. Wasser’s office. 15. Immediately after receiving Defendants’ deposition subpoena, I sent an email to Ms.

Levison apologizing for Mr. Wasser’s behavior in setting her deposition in blatant disregard of her dates of availability which Plaintiff had previously provided to Mr. Wasser and asking her to accommodate Mr. Wasser. A true and correct copy of that email is attached hereto as Exhibit 2. 16. On July 30, Ms. Levison replied that she would be able to attend her deposition at Mr.

Wasser’s office, as noticed by Defendants. A true and correct copy of that email is attached hereto as Exhibit 2. 17. Third, I specifically warned Mr. Wasser that Defendants may be accountable for Ms.

Levison’s travel time to his office. On August 6, I sent an email to Mr. Wasser informing him that Ms. Levison was available to be deposed on the date Defendants had unilaterally selected. The email stated: Levison has said she’s fine with being deposed at your office rather than at her office, however, I am guessing she will charge for the travel time. A true and correct copy of the email is attached hereto as Exhibit 3. Mr. Wasser was on notice that Ms.

17 Levison could charge for travel time. Mr. Wasser never sent me an email or told me he objected to the 18 possible charge for Ms. Levison’s travel time. Yet he refused to pay the charge at the conclusion of Ms. 19 Levison’s deposition. 20 18. 21 responsible for the deposition occurring at his office rather than Ms. Levison’s office because I had 22 requested it, and that he had an email to such effect. 23 19. 24 immediately sent an email to Mr. Wasser challenging his lies. I stated: 25 26 27 28 I understand you represented to Ms. Levison and Herrington that I had requested Ms. Levison’s depo take place at your office. That is not even close to being correct. In the email, I attached the email referenced above, warning Mr. Wasser that Ms. Levison could charge for her travel time to Mr. Wasser’s office. I concluded by stating: “I think it’s only fair that Ms. Levison On September 2, Ms. Herrington informed me of Mr. Wasser’s claims regarding me. I To buttress his refusal, Mr. Wasser lied to Ms. Herrington and Ms. Levison that I was

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 3

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be compensated for her travel time. I can only hope you are willing to do the right thing.” A true and correct copy of the email is attached hereto as Exhibit 4. 20. Mr. Wasser chose not to do the right thing. To date, he has not paid Ms. Levison for her

travel time. He continues to maintain his lies. 21. Mr. Wasser has lied numerous times in this action. As an officer of the Court, his willful

misconduct has prejudiced Plaintiff and harmed, among others, Ms. Levison. 22. Plaintiff requests that this Court sanction Mr. Wasser for his misconduct and order him to

pay Ms. Levison’s invoice, a copy of which is attached to Ms. Levison’s declaration. 23. I have spent and anticipate spending substantially in excess of 2.9 hours meeting and

conferring with Mr. Wasser by email, communicating with Ms. Levison and Ms. Herrington, drafting this declaration and attending the hearing in Bakersfield, CA. My regular rate for such services is $400 per hour. Date 9/2/08 9/25/08 9/25/08 9/25/08 Task Emails to/from Mr. Wasser re Levison travel time fee dispute. Call with Ms. Herrington re Levison travel time fee dispute declaration. Call with Ms. Levison re travel time fee dispute declaration. Draft Declarations re Request for Sanctions re Levison travel time dispute. Billed Time (hrs) 0.1 0.2 0.1 2.5

24.

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. 25. Plaintiff seeks sanctions totaling $1,160 in compensation for the 2.9 hours charged in

connection with this dispute. 26. 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 &

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 4

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Sterling from 1995 to 1996. I worked as an associate in the New York office of Sullivan & Cromwell from 1996 to 1997. After a brief leave of absence from practicing law from 1997 to 1999, I returned to active practice as the General Counsel of Tcom America, Inc., a technology venture in Silicon Valley from 1999 to 2002. From 2002 to 2004, I worked as a senior associate for Kim & Chang, a law firm located in Seoul, Korea. In 2005, I was admitted to the California Bar. I have been the principal of Law Office of Eugene Lee since 2005. 27. 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 26, 2008 17 18 19 20 21 22 23 24 25 26 27 28 EUGENE D. LEE Declarant

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 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 EXHIBIT 1: Defendants’ Deposition Subpoena of Ms. Levison EXHIBIT 2: Emails dated July 29 – 30, 2008 EXHIBIT 3: Email from Plaintiff to Defendants, dated Aug. 6, 2008 EXHIBIT 4: Email from Plaintiff to Defendants, dated Sep. 2, 2008

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 6

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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 EXHIBIT 1: Defendants’ Deposition Subpoena of Ms. Levison

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 7

Jul 29 08 09:44a

Mark Wasser

916-444-6405

p.8

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Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.CAP.

DISTRICT OF

CALIFORNIA

SUBPOENA IN A CIVIL CASE
Case Number:! 1:07-cv-00026-0WW-TAG

v.
Countyof Kern, et al.

TO:

Regina Levison Levison Search Associates Post Office Box 1133 EI Dorado, California 95623

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.
COURTROOM

PLACE Of TESTIMONY

DATE AND TIME

@' YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
ill the above case.
PLACE OF DEPo~mON

400 Capitol Mall, Suite 2640 Sacramento. California 96814

DATE AND TIME

8/15/2008 10:00 am

@' YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects): Your entire file on this matter.

PLACE

400 Capitol Mall, Suite 2640 Sacramento, California 95814

DATE AND TIME

8/15/2008 10:00 am

o

VOl: ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES

I

DATE AND TIME

-----------------------Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ollicers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth~ for each person designated, the matters on which the person will testifY. Federal Rules of Civil Procedure, 30(b)(6).
DATE

7/29/2008
ISSUING OFFICER'S NAME, ADDR[SS AND PHONE ;-';UMBER

Mark A. Wasser, Law Offices of Mark A. Wasser, 400 Capitol Mall, Suite 2640, Sacramento, California 95814; (916) 444-6400
(See Rule 45, Federnl Rules ofCi.vil Pruccdllre, Parts. C & !J Oll next paf!c)

1 If action is pending in district other thEm district of issuance, state district under case number.

Jut 29 08 09:44a

Mark Wasser

916-444-6405

p.9

AGSR mey 1/94) SlIbpoena in a Ciyjl Case

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

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PROOF OF SERVICE
PLACE

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SERVED
SERVED ON (PRINT NAME)

7/29/2008

P.O. Box 1133, EI Dorado, CA 95623 and 555 W. Fifth Street, Suite 3100, Los Angeles, CA 90013
MANNER OF SERVICE

Regina Levison and Eugene D. Lee1espectively.
SERVED BY (PRJNT NAME)

Facsimile and First Class U.S. Mail to Eugene D. Lee per Stipulation
TITLE

Amy Remly

Assistant to Mark A. Wasser

DECLARATION OF SERVER I declare under penalty ofperjury under the laws ofthe 1;nited States ofAmerica that the foregoing infonnation contained in the Proof of Service is true and correct.

Executed on

7/29/2008
DATE

Amy Remly
ADDRESS OF SERVER

400 Capitol Mall, Suite 2640, Sacramento, CA 95814
Rule 45, Federal Rules of Civil Procedure, Parts C & 0:
(e) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(l} A party or an attorney responsible for the is.suance and service of "-

subpoena shall take rea50nable steps to avoid imposing undue burden or expense on a person subject to that subpoena_ The COtHton behalf ofwhich the subpoena was issued shall enforce this duty nnd impose upon the party or attorney in breach
of this duty an appropriate sanction which may earnings and reElSonable attorney's. fee.
includ~,

trial be commanded to travel from any such place within the state in which the trial is held, or
(iii) requires disclosure of privileged or other protected matter and

but is not limited to, lost

no exception or waiver applies.,

fJf

(iv) subjects a person to undue burden.
(2) (A:I A person commanded to produce and permit inspection and copying of designated books, papers, dOCl.lments Or tangible things, or inspection of premises need not appear in person at the place ofproduction or inspection unless conunanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena Dr before the time specified for compliance if such time is less than 14 days after service, serve UpOLl the party or attorney designated in the subpoena wriLto::n objection to inspection or copying of an)' or all ofthc designated materials or of the premises. I r objection is made, the party serving the subpoena s.hall not be entitleD to insp;>::t and copy materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. [[objection has been made, the party serving Lhe subpoena may, upon notice tollie perSOfl commanded to produce, move at any time tor an order to compel the production. Such an order to comply production shall protect ~y person who is not a party or an ofticer of a party from signific.ant expense resulting from the inspection and copying commanded. (3) (A) On limely motion, the coun by which a subpot:na was issued s.h~l1 quash or modify the subpoena jf it
(i) fails to allo\-v reasonable: time for compliance, (ii) requires apcrson who is. not a party or an officer of a party to travel to a place more thunlUO miles from the place where that persoLl reside:;, is employed or regularly tran~ae~ business in person, except that, subject to the provisions of claus.e (c) (3) (B) (iii) of this rule, such a per:;;on may in order to attend

(B) If a subpoena

requires disclosure of a trade secret or other .;;:onfidential research, development, or commercial information, or (ii) requires disclosure of an unretaltled npert's opinion or information not describing specific: e....ents or occurrences in dispute and resulting from the expert's study made not at the request of any party, Dr (iii) requires a person who is not a Darty or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, tile eaun may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behalf the subpoena is i~sued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is address.ed will be reasonabiy compensated, the ~Ollrt may order appearance or pofOductl0n only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA
(I) A person responding to a subpoena to produce document::: shall produce them l1S they are kept in the usual course or business or shall organize Gnd label them to correspond '.Vith the caLegories in the demand. (2) When informalion subjectto a subpoena is withheld 011 a claim that it is priVilege;:! or 5ubjeet to protection as trinl preparal~o[J Illateriats, the c1aimshUil be made expressly and shall be ~l,.Ipparted by a description of the nalure of the documents, eonununications, orlhings not produced that is sufficientto enable the demanding party to conlest the claim.

co

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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 EXHIBIT 2: Emails dated July 29 – 30, 2008

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 8

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

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Regina Levison [rlevison@levisonsearch.com] Wednesday, July 30, 2008 12:55 AM elee@LOEL.com RE: Jadwin/KC: Depositions

The deposition date of August 15th at 10:00 a.m. in Sacramento works fine for me. Regina Regina Levison President Levison Search Associates P. O. Box 1133 El Dorado, CA 95623 800-538-4766, ext. 100

From: Eugene D. Lee [mailto:elee@LOEL.com] Sent: Tuesday, July 29, 2008 8:32 PM To: aereading@aol.com; rlevison@levisonsearch.com; Stephanie Rizzardi; 'lawrence weiss'; lawrenceweissmd@gmail.com Cc: 'David Jadwin'; 'Joan Herrington' Subject: Jadwin/KC: Depositions

Please see the attached deposition subpoenas.    Opposing counsel has, in typical fashion, chosen to ignore the dates of availability I had given him for all of you and  unilaterally noticed your depositions without any regard for your schedules. I recommend we attempt to humor him if at  all possible rather than raise a big stink about it. Please let me know if these dates will work for you.     My apologies for any inconvenience caused by this and gratitude for your assistance in getting these depositions  scheduled.   

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  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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1

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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 EXHIBIT 3: Email from Plaintiff to Defendants, dated Aug. 6, 2008

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 9

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

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Eugene D. Lee [elee@LOEL.com] Wednesday, August 06, 2008 6:20 PM 'mwasser@markwasser.com' Stipulation - Depos after cutoff_080806 Stipulation - Depos after cutoff_080806.doc Follow up Flagged

Mark,    Attached is the draft stip & order we discussed. Plaintiff was able to confirm the availability of all of his experts on the  dates indicated in the attached. I would’ve preferred to have had Levison last because she is in Sacramento, requiring  we all travel from San Diego to your office in Sacto, then back again to Los Angeles but that’s the best we can do on such  incredibly short notice. Levison has said she’s fine with being deposed at your office rather than at her office, however, I  am guessing she will charge for the travel time.    Feel free to make additions/revisions as necessary.     

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  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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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 EXHIBIT 4: Email from Plaintiff to Defendants, dated Sep. 2, 2008

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 10

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] Tuesday, September 02, 2008 4:03 PM 'mwasser@markwasser.com' 'rlevison@levisonsearch.com' FW: Stipulation - Depos after cutoff_080806 aa.pdf

Mark, I understand you represented to Ms. Levison and Herrington that I had requested Ms. Levison’s depo take place at your office. That is not even close to being correct. Below is an email wherein I warned you Ms. Levison could charge for her travel time to your office. Far be it for me to give away Ms. Levison’s time for free. She never authorized me to negotiate her fees/charges on her behalf and I never attempted to do so. Attached is your depo notice stating that Ms. Levison’s deposition would be taken at your office. I asked Ms. Levison whether she was willing to accommodate having her depo taken at your office per your notice. I never requested her depo be taken at your office. Why on earth would I do that? She only agreed to it because she was gracious. I think it’s only fair that Ms. Levison be compensated for her travel time. I can only hope you are willing to do the right thing. 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

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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6

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 PlaintiffDAVID F. JADWIN, D.O.

7
8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O.,
Plaintiff, Civil Action No.1 :07-cv-00026 OWW TAG

9
10

v.
11

DECLARATION OF JOAN HERRINGTON IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER
Date: September 29,2008 Time: 9:00 a.m. Place: U.S. District Court, Bankruptcy Courtroo 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: n/a

COUNTY OF KERN, et al.,
12 Defendants. 13 14 15 16 Plaintiff submits this Declaration of Joan Herrington in support of Plaintiffs request for 17 sanctions against Mr. Wasser regarding his conduct during Defendants' deposition of Plaintiff's expert, 18 Regina Levison. 19 I, Joan Herrington, declare as follows: 20

1.
21 22

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

California and admitted to practice before the United States District Court for the Eastern District of California. I am "of counsel" to the Law Offices of Eugene Lee, which represents Plaintiff David F. 23 Jadwin in this matter. 24

2.
25 26

I am making this declaration in support of Plaintiffs request for sanctions against Mark

Wasser, counsel of record for Defendants, for his misconduct at the deposition of Plaintiffs expert, Regina Levison. The facts stated herein are personally known to me and if called as a witness, I could 27 and would competently testify to the truth of the facts set forth in this declaration. 28

DECLARATION OF JOAN HERRINGTON IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK. A. WASSER 1

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1

3.

On September 2, 2008, Mr. Wasser, counsel of record for Defendants, deposed Regina

2 3
4

Levison, one of Plaintiffs experts herein, at his office in Sacramento, CA; and I defended this deposition on behalf of Plaintiff.

4.

During her deposition, Ms Levison produced copies of her file regarding Plaintiff to Mr.

5 6 7 8

Wasser, who reviewed these documents, and questioned Ms Levison extensively about them. At the conclusion ofMs Levison's deposition, Mr. Wasser refused her request to pay her for the time she spent preparing and copying these documents, but finally agreed to pay her $0.40 per page which the court reporter stated was her customary rate for such services.

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

5.

Also, at the conclusion of her deposition, Mr. Wasser refused Ms. Levison's request to be

paid for her travel time; asserting that Eugene Lee, Plaintiffs counsel of record herein, had sent him an email requesting that Ms. Levison's deposition be held at his rather than Ms. Levison's office; hence, Defendants should not have to pay for Ms. Levison's travel time; and wasted about 45 minutes of our time doing so.
6.

I live in Oakland, CA and spent 45 minutes preparing this declaration. My regular rate for legal services is $500 per hour. I have charged, and been paid by,

7.

Plaintiff David F. Jadwin $500 per hour in this action.

8.

My rate is reasonable and consistent with those charged in the Oakland area by attorneys

of similar skill and experience. I received my B.A. from the University of Auckland, New Zealand in 1974, and my J.D. from the Golden Gate University School of Law ("GGU") and a Certificate of Specialization in Labor and Employment Law with distinction in 1995. I served as an intern for the California Federation of Teachers and as a judicial extern for Administrative Judge Joan Wieder of the NLRB (Region 20). I was admitted to the California State Bar in 1995, and worked as an associate to th Law Offices of Cary J. Silberman during 1996. I have maintained my private practice since 1997. I served as an adjunct professor of Disability Law at GGU during Spring of2003; and volunteer for the Appellate Advocacy Program at GGU; and the Trial Advocacy Program at Stanford University School of Law. My publications include "Your Right to a Smoke-Free Workplace in California Under Disability Law" (Public Health Institute) and "Disability Rights Practice Guide" (American Lung Association). I am a frequent speaker on disability rights and medical leave laws at MCLE conferences;

DECLARATION OF JOAN HERRINGTON IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER 2

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

Document 233-2

Filed 09/26/2008

Page 3 of 3

and am often consulted by other members of the California Employment Lawyers Association on these 2
3

topics. I declare under penalty of perjury under the laws of the State of Cali fomi a and the Uniled States that the foregoing is true and correct. Executed on: September 26. 2008

4 5 6
7

rll~~
Joan I-Ierringotn Declarant

8

9
10 II

12 13
14

15
16

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18 19

20
2\

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28

DECLARATION OF JOAN HERJUNGTON IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. IVASSER 3

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

Document 233-3

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Page 1 of 14

1 2 3 4 5 6 7 8

Eugene D. Lee SB#: 236812
LA W 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 DAYID F. JADWIN, D.O.,
Plaintiff, v. Civil Action No. 1:07-cv-00026 OWW TAG

9
10 11

DECLARATION OF REGINA LEVISON IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST MARK A. WASSER
Date: September 29,2008 Time: 9:00 a.m. Place: U.S. District Court, Bankruptcy Courtroo 1300 18th St., Bakersfield, CA Date Action Filed: January 6, 2007 Date Set for Trial: nla

COUNTY OF KERN, et aI.,
12 Defendants. 13 14 15 16 Plaintiff submits this Declaration of Regina Levison in support of Plaintiff s request for

17
sanctions against Mr. Wasser regarding his misconduct during Defendants' deposition of Plaintiffs 18 expert, Regina Levison. 19 I, Regina Levison, declare as follows: 20 1. 21 the above-captioned action. 22 2. 23 Wasser, counsel of record for Defendants, for his misconduct at my deposition. I have personal 24 25 26 3. 27 medical institutions, since 1994. 28 I have served as an expert witness in various litigations, typically on behalf of defendant knowledge ofthe matters set forth below and I could and would competently testify thereto if called as a witness in this matter. I am making this declaration in support of Plaintiffs request for sanctions against Mark I have been retained by Plaintiff to provide expert opinion testimony in connection with

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

4.

Mark Wasser, counsel of record for Defendants, deposed me on September 2,2008, at his

office in Sacramento, CA. 5. I initially thought that my deposition would take place at my office. I later had to confirm

with Eugene Lee, counsel of record for Plaintiff, that the location had been changed to Mr. Wasser's office. 6.
In past assignments, when I was deposed at a location other than my office, I was paid fo

my travel time. 7. My understanding is that all of the experts in this action, both plaintiff- and defense-side,

have been deposed at their offices. 8.
Mr. Lee asked me by phone to accommodate Mr. Wasser's unilateral decision to depose

me at his rather than my office. I agreed to Mr. Lee's request. 9. I spent 2 hours and 45 minutes traveling to and from Mr. Wasser's office in order to

attend the deposition. There would have been no such travel time had the deposition been conducted at my office, as is customary and as has occurred for all other experts in this action. 10. I had to pay an additional parking lot fee at Mr. Wasser's office which I would not have

paid had the deposition occurred at my office. 11. At the deposition, Mr. Wasser consumed 40 minutes of my time arguing his refusal to

pay me for my travel time, exhibit copy charges and mileage. 12. Mr. Wasser asserted that it was Mr. Lee who had requested that my deposition occur at

his, rather than my, office. He claimed to have an email that proved this. I was later informed that this was not true. 13. 14. I have always charged litigation clients for travel time to depositions. A true and correct copy of an invoice regarding the disputed travel time which I mailed to

Mr. Wasser is attached hereto as Exhibit L-l.

15. 16.

To date, I have not received payment of my invoice from Mr. Wasser.
It is my intention to do whatever is necessary to obtain from Mr. Wasser the payment to

which I am entitled. I feel it is less a matter of the amount at issue than a matter of principle. 17. In my considered opinion, Mr. Wasser acted in a bullying and unreasonable manner. I

nprT & D & TT()l\T ()]:;' DPnTl\T & T P\TT~()l\T Tl\T

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TPP()DT

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

Document 233-3

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Page 3 of 14

1 2
3

have never witnessed such unprofessional conduct during the many years I have acted as an expert witness. This is one bridge Mr. Wasser may consider burned.

4
5

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.

6 7 8 9 10
11

Executed on: September 26, 2008

REG

A LEVISON Declarant

12 13 14 15 16 17 18 19 20 21 22 23

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28

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

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EXHIBIT L-1

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

Document 233-3

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Page 5 of 14

www.levisonsearch.com

September 25, 2008

Mark A. Wasser Attorney at Law Law Offices of Mark A. Wasser 400 Capitol Mall, Suite Sacramento, CA 95814

Dear Mr. Wasser: In the case of David F. Jadwin, DO vs County of Kern, I complied with the subpoena to appear at your office on September 2,2008 to provide expert witness testimony. You have paid for part of my professional fee and out-of-pocket expenses. An invoice in the amount of $917.80 is enclosed for the balance of my professional fee and the out-of-pocket expenses you have not paid. As you may recall, I first received a subpoena to appear at your office on August 15, 2008. A copy of the subpoena is attached. You rescheduled the depositions in this case and I received a notification to appear at your office on September 2, 2008. A copy of the notification is attached. At the conclusion of my deposition on September 2, 2008, I presented you with an invoice for payment. In addition to my professional fee, that invoice included travel time from my office to your office, travel time from your office to my office, round trip mileage, and parking. You refused to pay travel time and travel expenses. Instead you paid only my deposition time and photocopying of the documents I was required to present to you at the deposition. There were two e-mails sent to you by Eugene Lee, attorney for Dr. Jadwin. On August 6, 2008, Mr. Lee advised you that I had agreed to be deposed at your office rather than my office and he alerted you regarding my travel time. On September 2, 2008, Mr. Lee sent an e-mail confirming that he never requested you to take my deposition at your office. I would appreciate your immediate attention to the invoice enclosed. Sincerely,

President

~~

Enclosures

Education' $elVices' Ethics

NAPR

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

Document 233-3

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LEVI/ON
PO Box 1133 El Dorado. CA 95623-1133
Bill To

Invoice
Date 9/25/2008 Invoice # 955328

Search Associates
Physician and Executive Search Consultants

Law Offices of Mark A. Wasser Mark A. Wasser 400 Capitol Mall, Suite I 100 Sacramento, CA 95814

Account # 6125-MW

Terms Due on receipt Description

Due Date 9/25/2008

I

I

Assignment

I
328.13

David F. Jadwin vs. County of Kern
Amount

Travel Time from Office to Deposition - 09/02/2008 hour) Travel Time from Deposition to Office - 09/02/08

1.75 hours

(112 of$375 per

1.0 hour

(1/2 of$375 per hour)

187.50 333.50

Professional fees ($500/hour) Additional time spent at the conclusion of the deposition while Mr. Wasser argued regarding travel time, mileage and document copying/printing. Roundtrip mileage - 102 miles Parking

59.67 9.00

Invoices not paid within 30 days are subject to an interest charge of I 1/2% per month on the unpaid balance.

Total

$917.80

Phone # 800-538-4766

Fax# 530-626-5604

E-mail mlevison@levisonsearch.com

Healthcare Search &Consulting

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

Document 233-3

Filed 09/26/2008

Page 7 of 14

Wells Fargo Center 400 Capitol Mall Sacramento, CA. 95814 Fee Computer Number: I Cashier: Shoua ID #6 Transaction Number: 81834 Entered: 09/02/08 08:47 Exited: 09/02/08 15:44 Ticket #1893 Dispenser #4 Rate: Area 1 Parking Fee: $18.00 II'Foranio 2 Hour (l) -$9.00 SUbtotal: 9.00 Total Fee: 9.00 Cash: 9.00 Ampco System Parking 443.0891

1

Jul 29 08 09:44a

Mark Wasser

916-44M>405

p.8

Case 1:07-cv-00026-OWW-TAG
SCAgSS (Rcy
1(94)

Document 233-3

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S"hnQWll in D Civil Cn'r

Issued by the

UNITED STATES DISTRICT COURT
EASTERN David F. Jadwin, D.O., F.C.A.P.

DISTRICT OF

CAliFORNIA

SUBPOENA IN A CIVIL CASE
Case Number:] 1:07-cv-<J0026-0WW-TAG

V.
Countyof Kern, et al.

TO:

Regina Levison Levison Search Associates Post Office Box 1133 EI Dorado, California 95623

o

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.
COURTROOM

PLACE Of TESTIMONY

DATE AND TIME

!if

YOU ARE COMMANDED to appear at the place, dale, and time specified below to testifY at the taking of a deposition in the above case.
400 Capitol Mall, Suite 2640
DATE AND TIME

PLACE OF DEPOSlfiON

Sacramento. California 95814

8/15/200810;00 am

{if YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects);
Your entire file on this matter.

PLACE

400 Capitol Mall, Suite 2640 Saaamento, California 95B14

DATE AND TIME

8/1512008 10:00 am

o

voe ARE CO~1MANDEDto pennit inspection of the folklwing premises at the date and time specified below.
DATE AND TIME

PREMISES

I

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more otlice~, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designaled, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
rSSUING OrfICER'S SIGNATURE AND mLE (INDICATE IF AITORNEY FOR PLAINTIFF OR DEFENDA.J.'IT) DATE

ISSUING OFFICER'S NAME, ADDRJ:SS AND PHONE }..lJMBER

~~~

712912008

Mark A. Wasser, Law Offices of Mark A. Wasser, 400 Capitol Mall, Suite 2640. Sacramento, California 95814; (916) '444-6400
(s... Rule 45. Fed"",) Rub ofCtvil Prueedurc. E'artsC &; D 011 nCl<t paa~)

1

If action is pcnding ill di31rict other thaD district ofissuancc, state district under case number.

Jul 29 08 09:44a
ADM IRQ 1m) SIIbIlOCl!!.

Mark. Wasser

916-444-6405

Case 1:07-cv-00026-OWW-TAG
ig • Cixil sase

Document 233-3
PROOF OF SERVICE

Filed 09/26/2008

Page 9 of 14

p.9

DA.TE

PLACE

SERVED
SERVED ON (PlUNT NAME)

7/29/2008

P.O. Box 1133, EI Dorado, CA 95623 and 555 W. Fifth Street, Suite 3100, Los Angeles, CA 90013
MANNER OF SERVICE

Regina Levison and Eugene D. Leeyespectively,
SERVED BY (PRINT NAME)

Facsimile and First C~ss U.S. Mail to Eugene D. Lee per Stipulation

mu,
Assistant to Mark A. Wasser

Amy Remty

DECLARAnON OF SERVER I declare under penalty ofpetjury under the laws ofthe L nited States ofAmerica that the foregoing infonnation contained in the proof of Service is nue and correct.

Executed on

7/2912008
DATE

ADDRESS OF SERVER

400 Capitol Mall, Suite 2640. Sacramento, CA 95B14
Rule 45, Federal Rules ofCivij Procedure, Parts C & 0:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(I) A pllrty or an altOl'ne)' responsible for the: issuance and seJVice of • subpoena shall take resonable steps to avoid imposing undue burocn or ex.pense on a person subject to that subpoena. The coulton behalf of-which the subpoena was issued shall cnforce this duty and impose upon the party or attorney in breach of this du~' an approptiatc: sanetion which ma)' include. but is notlimitcd to, lost earnings and rClISonablc attorney's fcc.
(2) (A)'\ person commanded to produce and pennit inspection and copying of dcsignatl:d booKS, papers, documents or tmgible things, or inspection of

trial be commanded to travel from any such place within the state in which the trial is held, or
(iii) requires disclosure of privi leged or other protected matter amd no exception or waiver applie;, or eiv) s~CC1s a person to undur; burdl:J1.

(6) If 11 sllbpoena
(i) requires disdosun: of a trade secret or other confidential research. development, or commercial information, or (ii) requires disciosW"e of an unletaitled CJlperl's opinion or information not describing specific e..-mts or occurrences in dispute and resultmg from the expcrl'. study made notal the requesrofany party, or (iii) requires a person who is nol a \la-ty or an officer ofa party to incur substantial expense to travel more than 100 miles to attend trinl, the coun tIlOl)', to protect a person subject to Or affected by the subpoena, quash or modi!} the subpoena, or, if the "arty in whose behalf the subpoena is issued shOWS a substantial need fur the testimony or material that cannot be otherwise met without undue hasdship llIld assures thal the per50ll to whoot the su!ll)oenll is llddIcsscd will be reasonably cornpensated. the ::curt mllY order appearance or JIl'Oduction only upon specified conditions.

premises need nol appear in person at the place ofproduction or inspection unless commanded to appear for deposition. hcaring or trial.
(B) Subject. to paragraph (d) (2) of this rule. a person commanded ro produce and permit inspection and copying may. wllIIin 14 da)-s after service of subpoc;na or bctorc the bme speCified for compliance ifsu.;h time is less than 14 days after scrvice. SC:O'C UpOIl the pany or attorney designated in the subpoena wril1l:n objection to inspection or oopyingof any 01" all ofthc: designated mal.crials or of the premises I f objection is made, the party serving the subpoena shell not be: entitled to inspc>:t and copy matelials or inspect the premises except pursuant to an erlkr of the cowt by which thcsubpoena was issued. [fobjection has ""en madc. the part)' seJVing the su b!Xlen8 may, upon notice to the PCIlil)Q commanded to produce, move at any time fur an order 10 compel the production. Such an order to comply production shall protect lIJ1y person who h not a party or an officer of a party ftom significant eKpcnse resulting from the inspection and copying commanded.

(d) DUTIES IN RESPONDING TO SUBPOENA.
(I) 1\ person responding to u subpoeul\ \(1 produce dOCllrncnU shall produce lhem m they arc kept in the usual COUI'S" ofhusiuess or shall organize Dnd label them Ie eOlTCspond with the calegOries in the demand_ (2) When informution subject to a subpoena is \4iithheld OIl a claim that i~ i3 privileged or subject to protection as triIII preparll1ion materials. the clairnshnl' 00 made expressly and shall be ~l.Jpported by a de5cription of the nll/ure of the documenl5. communieations, or things nol produced that is sufftcient to elUlb Ie the demanding party to contest the; claim.

(J) (A) On tim~ly motion. llte court by which II subpoena WII5 issuI:d shlll1 quash or m.odify tho SUbpoena if it

(i) fails to allow rcasonabl~ time for compliance,

(ii) require~ a person who is not a party Dr an offiter of a party ID travel ttl a place more than 100 miles from the pIllce wht!~ IhaJ. pel300 rcsid~, is employed or regularly transac:S business in person, c)(ccpl thai, subject ro lhc provisions of clause (c) (3) (B) (iii) of this rule. such a per;;on may in order 10 anend

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

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Filed 08/08/2008

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Case 1:07-cv-00026-0WW-TAG

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3

4

Mark A. Wasser CA SB #060160 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@markwasser.com Bernard C. Barmann, Sr. CA SB #060508 KERN 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.kern.ca.us Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy Eugene D. Lee SB# 236812 LAW OFFICES OF EUGENE LEE 555West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 E-mail: elee@LOEL.com Attorneys for Plaintiff DAVID F. JADWIN, D.O.

5
6 7

8
9

10
11 12

13
14 15 16 17

UNITED STATES DISTRICT COURT
18

EASTERN DISTRICT OF CALIFORNIA
19 20

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

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

22
vs. 23

STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-OFF& ORDER mEREON
Action Filed: January 6, 2007 Trial Date: December 2, 2008

COUNTY OF KERN, et aI.,
24 Defendants. 25 26 27 28 III III III

1
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-OFF & ORDER TIIEREON

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

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Document 191

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Filed 08/08/2008

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Page 2 of 3

Case 1:07-cv-00026-0WW-TAG

WHEREAS, at a hearing held on August 6, 2008, the Court ordered the convening of 17 2 3
4
5
6

depositions on 11 full days spanning from August 7 to August 25, 2008; WHEREAS, the deposition schedule set by the Court extends discovery past the discovery cut-off and occupies dates that had previously been set by the parties for expert and PMK depositions; WHEREAS, the parties now find it necessary to re-set said depositions on additional dates that are after the discovery cut-off; IT IS HEREBY STIPULATED by and between the parties through their respective counsel, that such depositions be held as follows, starting at 9 a.m. on each such date: 1. August 26, 2008: Deposition by Plaintiff of Dr. McAfee at his office at the

7

8
9

10 11 12 13 14 15 16 17 18
19

University of California, San Diego, School of Medicine, Dean's Office, 9500 Gilman Drive, La Jolla, CA;
2.

August 27 to 30 (or earlier), 2008: Deposition by Plaintiff of County of Kern at

Holiday Inn Select in Bakerfield, CA.;
3.

September 2,2008: Deposition by Defendants of Ms. Levison at Mr. Wasser's

office at 400 Capitol Mall, Suite 1100, Sacramento, CA 95814;
4.

September 3, 2008: Deposition by Defendants of Dr. Weiss at his office at City of

Hope, 1500 E. Duarte Rd., Duarte, CA 91010;
5.

September 4, 2008: Deposition by Defendants of Ms. Rizzardi at her office at 140

20 21 22

South Lake Avenue, Suite 230, Pasadena, CA 91101; 6. September 5, 2008: Deposition by Defendants of Dr. Reading at his office at 462

North Linden Dr Ste 445, Beverly Hills, CA 90212.

23
24 25

II II II II

26
27
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1/
II

2
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-OFF & ORDER THEREON

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

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Page 3 of

Case 1:07-cv-00026-0WW-TAG

Dated: August 8, 2008

LAW OFFICES OF MARK A. WASSER

2
3

.

By:

4
5

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

6
7

Dated: August 8 , 2008

LAW OFFICE OF EUGENE LEE

8

By:

9
10 11 12

/s/ Eugene D. Lee (as authorized on 8/8/08) Eugene D. Lee Attorney for Plaintiff, David F. Jadwin, D.O.

ORDER
The parties having stipulated as hereinabove set forth and good cause appearing,

13
14

IT IS SO ORDERED.

15

16
17
18

Honorable Oliver W. Wanger U.S. Dist. Judge

19
20
21

22
23 24
25

26

27
28

3
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-0FF & ORDER THEREON

Page 2 of2
From: Eugene D. 1:07-cv-00026-OWW-TAG Case Lee [mailto:elee@LOEL.com] . sent: Wednesday, August 06,20086:20 PM To: 'mwasser@markwasser.com' Subject: Stipulation - Depos after cutofC080806
Mark, Attached is the draft stip & order we discussed. Plaintiff was able to confirm the availability of all of his experts on the dates indicated in the attached. I would've preferred to have had Levison last because she is in Sacramento, requiring we all travel from San Diego to your office in Sacto, then back again to Los Angeles but that's the best we can do on such incredibly short notice. Levison has said she's fine with being deposed at your office rather than at her office, however, I am guessing she will charge for the travel time. Feel free to make additions/revisions as necessary.

Document 233-3

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Sincerely, Gene Lee

-------------------------------------------------------------------LAW OFFICE
sss

OF

EUGENE
LAW

LEE

EMPLOYMENT

WEST FIFTH ST., STE. :3100 LOS ANGELES, CA 90013 Tel: (21::\)992-::\299 Fax: (213)596-0487 E-mail: eleelii)LOEL.colll
Web sit e: www.LOEL.colll B log: www.CaLaborLaw.colll

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-------------------------------------------------------------------California Labor 8c Employment Law Blog

ThanL You to Michael Fo: of 'Jottings by an
July 17. 2008

9/2/2008

I

Page 1 of2

Case 1:07-cv-00026-OWW-TAG Regina Levison
From: Sent: To: Cc: Eugene D. Lee [elee@LOEL.com] Tuesday, September 02,20084:03 PM mwasser@markwasser.com rlevison@levisonsearch.com

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Filed 09/26/2008

Page 14 of 14

Subject: FW: Stipulation - Depos after cutoff_080806

Mark, I understand you represented to Ms. Levison and Herrington that I had requested Ms. Levison's depo take place at your office. That is not even close to being correct. Below is an email wherein I warned you Ms. Levison could charge for her travel time to your office. Far be it for me to give away Ms. Levison's time for free. She never authorized me to negotiate her fees/charges on her behalf and I never attempted to do so. Attached is your depo notice stating that Ms. Levison's deposition would be taken at your office. I asked Ms. Levison whether she was willing to accommodate having her depo taken at your office per your notice. I never requested her depo be taken at your office. Why on earth would I do that? She only agreed to it because she was gracious. I think it's only fair that Ms. Levison be compensated for her travel time. I can only hope you are willing to do the right thing. 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 - In a i I: elee 1I LOEL.com
Web sit e: w\V\;.LOEL.colll B log: \V\~" .CaLaborLaw.colll

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-------------------------------------------------------------------California labor & Employment law Blog Yours Trub,.. will B~ MI.'; for 3 I;Ve~Ls
August 12, 2008

9/212008


				
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.