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315 DefendantsPretrial Statement

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

Document 315

Filed 04/17/2009

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasserlal.markwasser.com Attorneys for Defendants County of Kern, et al.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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DAVIn F. JADWIN, D.O. Plaintiff, vs. COUNTY OF KERN, Defendant.

Case No.: 1:07-cv-00026-0WW-DLB DEFENDANTS' PRE-TRIAL STATEMENT Date: April 20, 2009 Time: 11 :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA Date Action Filed: January 6, 2007 Trial Date: May 12,2009

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Defendants submit this Pre-Trial Statement, pursuant to Local Rule 16-281. Defendants anticipated filing a joint statement but Plaintiff broke off discussions and filed his own statement before the joint statement was prepared. Defendants did not receive a draft of a proposed joint statement from Plaintiff until 5:20 p.m., Thursday, April 16. Plaintiff's draft statement was 72 pages long.

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1. Jurisdiction - Venue
Defendants reserve the right to raise jurisdictional issues depending on the resolution of Plaintiff's federal claims.

2. Jury

Non-Jury

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Defendants demand a jury trial.

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3. Undisputed Facts

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Plaintiff David F. Jadwin, D.O. (hereinafter referred to as "Plaintiff') and County of Kern (hereinafter referred to as "County") entered into employment agreement on October 24, 2000. Plaintiff thereafter began full-time employment at Kern Medical Center (hereinafter referred as "KMC") as a pathologist and Chair of the Department of Pathology. Plaintiff was compensated and provided with certain benefits pursuant to his employment agreement. County placed Plaintiffs initial salary level at Step C. County expected Plaintiff to be an effective member of the physicians' staff at KMC and to contribute to the overall improvement of the hospital. Plaintiff was employed by COllilty from October 24,2000 to October 4, 2007. During the entire tenure of Plaintiff s employment, County continually employed Plaintiff within the meaning of the Family Medical Leave Act [29 C.F.R. §825.l059(c)] (hereinafter referred to as "FMLA"), the California Family Rights Act [California Government Code §12945.2(b)(2)] (hereinafter referred to as "CFRA"), and the Fair Employment and Housing Act [California Government Code §12926(d)] (hereinafter referred to as "FEHA"). County is a government agency. Any acts or omissions of the individual Defendants were under color of law. Plaintiff requested and took reduced work schedule CFRA medical leave beginning December 16, 2005. On April 26, 2006, Plaintiff requested an extension of his leave of absence to commence on March 15,2006 and end on September 16,2006. Peter Bryan, Chief Executive Officer of KMC, wrote a memorandum to Plaintiff, dated April 28, 2006, notifying Plaintiff that his rights to leave under the applicable laws and county policy would expire on June 16, 2006 and instructing Plaintiff to advise Mr. Bryan of his intentions whether Plaintiff would be returning to work fUll-time or resigning. Mr. Bryan also noted that Plaintiff was provided a medical leave history, along with calculations of, and policies about, his medical leave. Plaintiff did not return to work on June 16,2006 and on July 10,2006 the KMC Joint Conference Committee removed Plaintiff from his position as Chair of the Department of Pathology. The Joint Conference Committee acted pursuant to the bylaws ofKMC when it voted to remove Plaintiff as Chair of the Department of Pathology. Plaintiffs removal was not a corrective or disciplinary act.
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On October 3, 2006, Plaintiff approved an amendment to his employment agreement and thereafter returned to work as a staff pathologist. On December 7, 2006, County placed Plaintiff on paid administrative leave "pending resolution of a personnel matter." Plaintiff remained on paid administrative leave until his employment agreement expired on October 4,2007.
4. Disputed Factual Issues

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1. Whether the County retaliated against Plaintiff for exercising his leave rights by removing Plaintiff from the chairmanship of the Department of Pathology. 2. Whether the County retaliated against Plaintifffor exercising his leave rights by not renewing Plaintiff's employment agreement. 3. Whether the County retaliated against Plaintiff for filing this lawsuit by not renewing Plaintiff's employment agreement. 4. Whether Mr. Bryan's offer to place Plaintiff on full-time leave was a reasonable accommodation. 5. Whether there was any other reasonable accommodation for a person in Plaintiff's position. 6. Whether Plaintiff could perform the essential functions of his job. 7. Whether the additional leave after June 16,2006 was necessary because of Plaintiff's disability. 8. To what extent did Plaintiff's behavior cause or contribute to the circumstances he complains of.
5. Disputed Evidentiary Issues

Defendant objects to any attempt by Plaintiff to use video of deposition testimony that was not taken by a certified court reporter or independent certified videographer. Defendant is aware that Plaintiff's counsel video-taped several depositions using personal equipment. Despite repeated requests to be provided copies of those videos, Defendant has never been provided any copy of any video. In addition, this evidence may be disqualified under Federal Rules of Civil Procedure Rule 28(c) because the person taking the video recording is the plaintiff's attorney.

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6. Special Factual Information in Certain Actions: Contracts Any remaining issues involving Plaintiff's employment contract are incorporated into the section of disputed factual issues. 7. Relief Sought Defendant seeks a favorable judgment on all remaining claims and an award of costs pursuant to statute and attorneys' fees. 8. Points of Law These legal issues remain to be litigated: I. Defendants dispute that Dr. Kercher, Dr. Abraham, Dr. Ragland, Dr. Roy and Toni Smith remain as defendants in this litigation. 2. Whether Defendants interfered with Plaintiff's FMLA/CFRA leave rights. 3. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by removing him from his chairmanship. 4. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by placing him on paid administrative leave. 5. Whether Defendants retaliated against Plaintiff for asserting his rights under the FMLA/CFRA through litigation by not renewing his employment agreement. 6. Whether Defendants discriminated against Plaintiff based on his disability by removing him from his chairmanship. 7. Whether Defendants retaliated against Plaintifffor asserting his rights under FEHA through litigation by not renewing his employment agreement. 8. Whether Defendants failed to reasonably accommodate Plaintiff's disability by recommending that Plaintiff take full-time leave which Plaintiff did without protest, and whether there was any other reasonable accommodation for the plaintiff that could have been discovered through an interactive process. 9. Whether Defendants denied Plaintiff procedural due process under the County's Administrative Leave with Pay policy. 10. Whether Plaintiff had a right to "active duty" during his paid administrative leave.
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11. Whether Plaintiff s behavior defeats his claims for: discrimination against Plaintiff based on disability, retaliation against Plaintifffor asserting his rights under FEHA, retaliation against Plaintifffor asserting his rights under FMLA, an retaliation against Plaintiff for asserting his rights under CFRA. 9. Abandoned Issues
1. Plaintiffs defamation claims under California Civil Code §§45-47.

2. Plaintiffs Fair Labor Standards Act (29 U.S.C. §201 et seq.) claims. 3. All claims against individual defendants Eugene Kercher, M.D., Jennifer Abraham, M.D., Scott Ragland, M.D., Toni Smith, and William Roy, M.D. 4. Defendant's Eighth Affirmative Defense asserting failure to exhaust administrative remedies. 10. Witnesses Defendants' separate Witness List is attached to this Pre-Trial Statement. Defendants reserve the right to call any witness listed on Plaintiffs list. Defendants reserve the right to call any witness not listed for the purpose of authentication of a document. 11. Exhibits - Schedules and Summaries Defendants' separate Exhibit Lists are attached to this Pre-Trial Statement. Defendants reserve the right to supplement the exhibit list as necessary to respond to evidence and for rebuttaL 12. Discovery Documents Defendants may offer its' own responses to Interrogatories Nos. 3 (supplemental response), 48 (supplemental response), 75,80,81,83, and 98. Defendant may offer its' own responses to Requests for Admission Nos. 17, 139, 158, 159, 164, and 165. 13. Further Discovery or Motions No further discovery is required. Except for Motions in Limine, no pre-trial motions are required. 14. Stipulations
1. Plaintiff was entitled to take full-time FMLA/CFRA leave from December 2005
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through May 2006. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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2. Plaintiff exhausted his FMLAJCFRA leave by the time his Personal Necessity Leave began in June 2006. 3. There is no dispute that Defendants' reasonably accommodated Plaintiffs disability from December 16, 2005 to April 16, 2006. 15. Amendments - Dismissals None. 16. Settlement Negotiations The parties have not discussed settlement since the unproductive settlement conference before Magistrate Judge Goldner. 17. Agreed Statements Aside from the Undisputed Facts in section 3 above, Defendants are not aware of any facts in agreement. 18. Separate Trial oflssues Defendants do not believe that a separate trial on any issue is necessary, feasible, or advisable. 19. Impartial Experts - Limitation of Experts Defendants do not believe that Court-appointed impartial expert witnesses or a limitation on the number of expert witnesses is necessary. 20. Attorneys' Fees Defendants reserve the right to bring a motion for attorneys' fees, at the time and in the matter specified, on any matter allowed by law, including 42 U.S.C. § 1988 and the federal Family and Medical Leave Act. 21. Trial Exhibits Defendants do not foresee the need for special handling of any of its trial exhibits.
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22. Miscellaneous
None. Respectfully submitted, Dated: April17, 2009 LAW OFFICES OF MARK A. WASSER

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By:

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

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, Califomia 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com

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6 Attomeys for Defendants County of Kern, et al.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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

DEFENDANTS' TRIAL EXHIBIT LIST
Date: April 20, 2009 Time: II :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA Date Action Filed: January 6, 2007 Trial Date: May 12,2009

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COUNTY OF KERN,
Defendant.

DEFENDANTS' EXHIBIT LIST Description
1. First Employment Contract between Kem Medical Center (hereinafter referred to as KMC) and David F. Jadwin, D.O. (hereinafter referred to as Jadwin) 2. Letter from Peter K. Bryan (hereinafter referred to as Bryan) to Jadwin, dated 8114/01 3. Medical Staff Bylaws 4. Second Employment Contract between KMC and Jadwin 5. Letter to Bryan from Jadwin, dated 119/06 -1DEFENDANTS' TRlAL EXHIBIT LIST

Document No.
DFJOO025-00046

Objection

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0000202-203

0000272-358 0001479-1499

DFJOO723

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6. Jadwin's vigorous job search in the first six months

DFJ02422-2459

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of2006 7. Certification of Health Care Provider dated 1113/06 for Jadwin 8. Certification of Health Care Provider, dated 4/26/06 9. Jadwin's Request for Leave of Absence (hereinafter referred to as LOA), dated 3/2/06 10. KMC's responsive document to the LOA request, dated 3/2/06 11. Two e-mails by Jadwin dated 3/16/06. One is to Bryan and the other is to Dr. Kercher 12. Notice from Human Resources to Jadwin, dated DFJ00796 DFJ00752-753 DFJ00747-748 DFJ01150 DFJ00746 DFJOO726

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4/20/06
13. Jadwin's request for Leave of Absence Extension, dated 4/26/06 14. Memo from Bryan to Jadwin, dated 4/28/06 15. Letter to Bryan from Jadwin, dated 5/31106 16. Letter from Bryan to Jadwin, dated 6/14106 DFJOl121 Bryan Depo., 8/14/08, Exh 311 DFJOl141 DFJ01343 DFJOl158

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17. Mortgage verification of employment for Jadwin, 20 dated 6/22/06 21 18. Document showing Jadwin's leave and allowances

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expiring by June 16 23 24 25 26 27 28

Bryan Depo., 8/14/08, Exh 303 Exhibit 2 to 2 Amended Complaint
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th

19. Tort Claims Act Complaint, dated 7/3/06

20. Memorandum to the Joint Conference Committee (hereinafter referred to as JCC) from Bryan, dated

0001476-1565

7/10/06
21. JCC meeting minutes of the meeting in July 2006 -2DEFENDANTS' TRIAL EXHIBIT LIST

0000073-75

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22. Letter to Dr. Harris from Jadwin, dated 9111/06 23. Letter from David Culberson (hereinafter referred to as Culberson) to Jadwin, dated 9/20/06 24. Letter from Culberson to Jadwin, dated 12/7/06 25. Kern County Policy and Administrative Procedures Manual, pg. I :22, Section titled "Administrative Leave with Pay." 26. Letter from Mark Wasser to Eugene Lee, dated 4/30/07 27. Letter to Mark Wasser from Eugene Lee, dated

DFJ01388-1389 DFJ01398

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DFJOl482 0016941

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DFJOl701

DFJ01703-1704

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511/07
28. E-mail to Jadwin with a contract amendment attached to it 29. Exhibit 581 is the same contract amendment as Exhibit 644, although Exhibit 581 is signed and some terms are changed. 30. Letter from Dr. Ang to Dr. Perez, Bryan, Dr. Kolb, and Dr. Munoz, dated 2/20/02 31. Memorandum by Dr. Ang, dated 3/8/02 32. Jadwin's actual (failing) test for cervical pap smears 33. Report to Dr. Maureen Martin from Jadwin, dated 11/20/02 34. Twenty-nine medical reports from 2004 and 2005 35. Letter from Dr. Roy to Jadwin, dated 4/15/05 36. Letter to Dr. Roy from Jadwin, dated 4/20/05 37. Letter from Dr. Roy to Jadwin, dated 7115/05, responding to Jadwin's letter to him dated 6/5/05 -3DEFENDANTS' TRIAL EXHIBIT LIST

Jadwin Depo., 3112/08, Exh 644 Jadwin Depo., 3/12/08, Exh 581

0000690-691

0000736 0000737
.

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000 I 059-1 072

0001163-1310 DFJ00363 DFJ00364-366 DFJ00439 DFJ00437

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38. Letter from Dr. Roy to Dr. Harris, dated 2/22/06 39. Pathology Quality Management Policy, September 2005 40. E-mail from Angie Reyes to Dr. Harris and Tony Smith, dated 4117/06 41. E-mail from Tracy Lindsey to Ramona Case, dated

0000434-476 0018516

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0000398

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0000823

11127/06
42. Report from Dr. Dutt to Peer Review Committee, dated 12114/06 43. Policy Statement of the Disruptive Behavior, Discrimination & Harassment Policy, specifically Section V, Item A 44. E-mail to Michael Ewald from Jadwin, dated 0000260 0000882-895

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0010685-10688

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10/9/03
45. Confidential file of investigation of Jadwin pulling Dr. Lau by his tie, dated 10/21103 46. Letter from Dr. Kolb to Jadwin, dated 11126/03 47. Letter to Dr. Lau from Jadwin, dated 10119/05 48. Kern Medical Center FNA Consulting Project report by Dr. David Lieu, M.D., M.B.A., dated 5/3/04. 49. E-mail to Drs. Kercher and Dr. Kolb from Jadwin, dated 9/3/04 50. E-mail to Bryan from Jadwin, dated 2/2/05 51. Exchange of e-mails between Dr. Ragland and Jadwin, dated 2/25/05 52. Exchange of e-mails between Dr. Ragland and Jadwin, dated 11119 & 11/20103 -4DEFENDANTS' TRIAL EXHIBIT LIST

0000031-70

DFJ00246 DFJ00590 DFJ00251-270

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DFJ00289-290

DFJ00319-320 DFJ00353-354

DFJ0024 1-242

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53. Memo from Dr. Ragland to Jadwin, dated 1/21/04 54. Memo from Dr. McBride to Jadwin, dated 5/9/05 55. Instructions for the Cancer Conference presenters 56. Pathology Dept.'s oncology conference presentation-67 slides-by Jadwin 57. Memo from the Cancer Committee (Drs. Patel, Jolmson, and McBride) to Jadwin, dated 10112/05 58. Anonymons (redacted) memo (author-Dr. Taylor) of complaint about Jadwin's oncology presentation, dated 10112/05 59. Letter from Drs. Kercher, Ragland, Abraham and Harris to Jadwin, dated 10117/05 60. E-mail from Dr. Ragland to Dr. Harris, dated 10118/05 61. E-mail to Toni Smith, R.N. from Jadwin, dated

DFJ00248 DFJ00381 Patel Depo., 12/6/07, Exh 25 DFJ00508-574

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DFJ00578

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DFJ00580

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DFJ00588

0000094

DFJ00408-409

5/20105
62. E-mail to Toni Smith, R.N. from Jadwin, dated DFJ02499

5/20105
63. Memo to Bryan from Toni Smith, dated 4117106 64. E-mail to Bryan from Jadwin, dated 3/2/06 0000401-403 Bryan Depo., 8114/08, Exh 271 DFJ00243-245 DFJ00316 DFJ00317 DFJ00355

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65. Letter to Dr. Kolb from Jadwin, dated 11/22/03 66. E-mail to Dr. Kercher from Jadwin, dated 211105 67. E-mail from Dr. Kercher to Jadwin, dated 2/1/05 68. E-mail to Peter Bryan and Dr. Kercher from Jadwin, dated 2/28/05 69. Letter to Dr. Ragland from Jadwin, dated 10119/05 70. Letter to Dr. Sergio Perticucci from Jadwin, dated -5-

DFJ00592 DFJ00356-357

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3/3/05 71. E-mail to Dr. Kercher from Jadwin, dated 6/7/05 72. E-mail to Dr. Kercher from Jadwin, dated 6/27/05 73. Letter to Dr. Roy from Jadwin, dated 2/1 0/06 74. Memorandum from Bryan to Jadwin, dated 2/21/06 75. Email to Bryan from Jadwin, dated 2/23/06 76. Exchange of e-mails between Bryan and Jadwin, dated 3/24/06, 3/27/06, and 4/5/06 77. Memorandum from Bryan to Jadwin, dated 4/17/06 DFJ00794-795 0001581 0000507 DFJOl430 DFJ00427 DFJ00436 DFJ00738 DFJ00740-741 DFJ00744-745 DFJ00783

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78. E-mail from Bryan to Jadwin, dated 4/17/06
79. E-mail from Dr. Ragland to Bryan, dated 2/23/06 80. Exchange of e-mails between Dr. Dutt and Jadwin, dated 11/6/06 81. E-mail from Evangeline "Vangie" Gallegos to Dr. Dutt, dated 11/6/06 82. Exchange of e-mails between Dr. Dutt and Jadwin, dated 11/13/06 and 11/14/06 83. E-mail from Dr. Dutt to Jadwin, dated 11/17/06 84. E-mail from Dr. Dutt to Jadwin, dated 11/22/06

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0000824

DFJOl439 (0000840-841 ) DFJ01446-1447 (0000843) DFJOl448 (0000850) DFJOl449 0000851) 0000827 0000862

85. E-mail from Dr. Dutt to Jadwin, dated 11/22/06 86. E-mail from Dr. Dutt to Jadwin, dated 12/4/06 87. E-mail from Dr. Dutt to Yolanda Figueroa, dated 12/7/06 88. E-mail from Dr. Dutt to Jadwin, dated 12/5/06 89. E-mails between Dr. Dutt and Jadwin, dated 12/6/06 90. E-mail from Dr. Dutt to Culberson, dated 12/6/06 -6-

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DFJOl465 (0000856) DFJ01476-1478 (0000857-858)

0001466

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91. E-mail from Dr. Dutt to Jadwin, dated 12/7/06 92. E-mail to Dr. Dutt from Jadwin, dated 12/6/06, with copies to Culberson, Dr. Harris and Karen Barnes 93. Calculations of Professional Fees for 2004 to 2007 Respectfully submitted,

0000863 DFJO 1479-1480

0018755-18917

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Dated: April 17, 2009

LAW OFFICES OF MARK A. WASSER

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

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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: mwasserlalmarkwasser.com Attorneys for Defendants County of Kern, et a!.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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

DEFENDANTS' WITNESS LIST
Date: April 20, 2009 Time: II :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA Date Action Filed: January 6, 2007 Trial Date: May 12,2009

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COUNTY OF KERN, et a!.,
Defendants.

DEFENDANTS' WITNESS LIST NAME
1. Jennifer Abraham, M.D.

2. Elsa Ang, M.D. 3. Peter Bryan 4. Robert Burchuk, M.D. 5. Michelle Burris

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23 24 25 26 27 28 7. Sandra Chester 6. Ramona Case

ADDRESS c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 4200 Sill Place Bakersfield, CA 93306 6424 S. Abilene Street Centennial, CO 80 III 6320 Canoga Ave., Suite 1500 Woodland Hills, CA 91367 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

EXPERT

Expert

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8. David Culberson

9. Philip Dutt, M.D.

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6 7 8 12. Evangeline Gallegos 9 10. Michael Ewald (ex-KMC employee) II. Yolanda Figueroa

The Camden Group 100 N. Sepulveda Blvd., Ste. 600 EI Segundo, CA 90245 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

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16 17 18 19 20 21 22 23 24 25 26 27 28 24. Gilbert Martinez (ex-KMC employee) 22. Michael Maggard 23. Maureen Martin, M.D. 21. Don Maben 19. David Lieu, M.D. 20. Tracy Lindsey 16. Marvin Kolb, M.D. 17. Adam Lang, M.D. 18. Chester Lau, M.D. 13. Irwin Harris, MD. 14. David Hill 15. Eugene Kercher, M.D.

110 Castilian Drive Goleta, CA 93117 7404 Arleta Avenue Bakersfield, CA 93308 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 128 Stonebridge Road Lilydale, MN 55118 10506 Finchley Drive Bakersfield, CA 93311 1061 Dakin Avenue Menlo Park, CA 94025 1613 Chelsea Road, Ste 323 San Marino, CA 91108

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

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25. Thomas McAfee, M.D.

26. Albert McBride, M.D.

University of CA San Diego 402 West Dickinson, Ste 4-480 San Diego, CA 92103-8986 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

Expert

27. Jon McQuiston

28. Steven O'Connor

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

29. Barbara Patrick

30. Sergio Perticucci, M.D. 31. Scott Ragland, D. O.

600lD Truxton Avenue, Ste 420 Bakersfield, CA 93309 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

32. Angie Reyes

33. William Roy, M.D. 34. Michael J. Rubio

6701 Airport Blvd, Ste B-127 Mobile, AL 36608

35. Rick Sarkisian, Ph.D.

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36. Savita Shertukde, M.D.

22 23 24 25 26 27 28 37. Antoinette (Toni) Smith, M.S.N., R.N. 38. Edward (Bill) Taylor, M.D. 39. Constantine Boukidis

Valley Rehabilitation Svcs, Inc. 545 East Alluvial Ave., Ste 116 Fresno, CA 93720-2826 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 c/o Kern Faculty Medical Group 2201 MT Vernon Avenue Bakersfield, CA 93306 Vavoulis & Weiner, LLC 516 West Shaw Avenue, Ste 200 Fresno, CA 93704-2515

Expert

Expert

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40. Ray Watson

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5 Respectfully submitted, Dated: April 17, 2009

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LAW OFFICES OF MARK A. WASSER

By: lsi Mark A. Wasser Mark A. Wasser Attorney for Defendant County of Kern

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-4DEFENDANTS' TRIAL WITNESS LIST


				
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.