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

Document 347

Filed 05/11/2009

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1 2 3 4 5 6 7 8 9 10 11 COUNTY OF KERN, 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter came on for hearing before the Hon. Oliver W. Wanger on May 8, 2009 at 12 p.m. in Courtroom 3 of the United States District Court for the Eastern District of California. The Court read and reviewed the motions, declarations and memoranda of the parties, and considered the arguments of counsel. Eugene D. Lee of the Law Office of Eugene Lee and Joan Herrington of Bay Area Employment Law Office appeared for Plaintiff and Mark A. Wasser of the Law Offices of Mark A. Wasser appeared for Defendant. Good cause appearing, the Court hereby grants in part, denies in part, Defendant COUNTY OF KERN’s motions in limine (Doc. 323) as follows: The Court grants and denies Defendant County of Kern’s motions in limine as follows: Motion in Limine No. 1 to Exclude Attorneys as Witnesses: Withdrawn. Motion in Limine No. 2 to Exclude any Evidence that Plaintiff’s Removal as Chair Violated any Statutes other than FMLA and FEHA: Granted, except as to FMLA, FEHA and CFRA. Motion in Limine No. 3 to Exclude any Evidence Regarding Plaintiff’s Professional Competence: Denied without prejudice. Although Plaintiff’s competence is not directly in issue, either DAVID F. JADWIN, D.O., Plaintiff, vs. 1:07-cv-00026-OWW-DLB [PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE (Doc. 323) IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

Document 347

Filed 05/11/2009

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party may offer evidence that references his competence for the limited purpose of explaining the context of actions and writings that may be relevant to the parties’ claims and defenses. Motion in Limine No. 4 to Exclude Evidence of Misconduct by any Other Physician at KMC: Granted in part and denied in part. To the extent this Motion seeks to prevent review of personnel proceedings that involve other physicians, it is granted. However, the parties are free to introduce evidence involving other physicians to make or refute claims of disparate treatment or discrimination relevant to Plaintiff’s claims. To that extent, the Motion is denied. Motion in Limine No. 5 to Exclude Testimony from Undisclosed Witnesses: Granted as to witnesses not currently on a party’s witness list or the joint witness list. Motion in Limine No. 6 to Exclude Evidence of any “Disability” other than Depression: Granted. Plaintiff has abandoned all claims of physical disability. Motion in Limine No. 7 to Exclude Evidence of Whistleblowing or Retaliation for Whistleblowing: Granted in part, denied in part. Defendant is not liable under theories of whistleblowing and no evidence of whistleblowing shall be admissible to establish or suggest liability. However, the parties are free to introduce evidence regarding Plaintiff’s actions, including actions that were intended to be whistleblowing, as relevant to their respective claims and defenses. Motion in Limine No. 8 to Exclude Videotape Depositions Prepared by Plaintiff’s Counsel: Denied. Plaintiff is to provide no less than 5 days’ prior notice to the Defendant of his use of deposition video, the notice to include tracking, page and line references. Motion in Limine No. 9 to Dismiss the Individual Defendants and Abandoned Claims: Granted and the case shall be re-captioned accordingly. Motion in Limine No. 10 to Exclude Plaintiff’s Exhibits of Documents BatesStamped DFJ02633-DFJ02948: Denied. Plaintiff is to provide notice to the Defendant on May 9,

2009 of the contents of all documents identified in this Motion. Motion in Limine No. 11 to Exclude Evidence of Litigation between Dr. Rebecca Rivera and the County: Granted. Motion in Limine No. 12 to Exclude Evidence of an Investigation of Dr. Roy by the Medical Board of California: Granted.

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

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Motion in Limine No. 13 to Limit Damages for Back Pay: Withdrawn.

IT IS SO ORDERED. Date: May , 2009 ______________________________________ Honorable Oliver W. Wanger United States District Judge Eastern District of California

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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.