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Docket

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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.

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CIVIL

U.S. District Court Eastern District of California - Live System (Fresno) CIVIL DOCKET FOR CASE #: 1:07-cv-00026-OWW-DLB

Jadwin v. County of Kern, et al. Assigned to: Judge Oliver W. Wanger Referred to: Magistrate Judge Dennis L. Beck Cause: 28:1331 Federal Question: Other Civil Rights Special Master Kenneth M Byrum TERMINATED: 09/05/2008

Date Filed: 01/06/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

represented by Kenneth M. Byrum Law Offices Of Kenneth M. Byrum 5060 California Avenue Suite 620 Bakersfield , CA 93309 661-861-6191 Fax: 661-861-6190 Email: rhonda@kmbmediation.com TERMINATED: 09/05/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff David F. Jadwin D.O. represented by Eugene David Lee Law Office Eugene Lee 555 W. 5th Street Los Angeles , CA 90013 213-992-3299 Fax: 213-596-0487 Email: elee@LOEL.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Joan Herrington Bay Area Employment Law Office 5032 Woodminster Lane Oakland , CA 94602-2614 510-530-4078-109 Email: jh@baelo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V.

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Defendant Jennifer Abraham M.D.; both individually and in her official capacity as Immediate Past President of Medical Staff at Kern Medical Center represented by Mark A Wasser Law Offices of Mark A. Wasser 400 Capitol Mall Suite 2640 Sacramento , CA 95814 (916) 444-6400 Fax: (916) 444-6405 Email: mwasser@markwasser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Peter Bryan both individually and in his former official capacity as Chief Executive Officer Of Kern Medical Center Defendant Irwin Harris M.D. Defendant Eugene Kercher M.D.; both individually and in his official capacity as a President of Medical Staff of Kern Medical Center Defendant County of Kern represented by Mark A Wasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Mark A Wasser (See above for address) LEAD ATTORNEY represented by Mark A Wasser (See above for address) LEAD ATTORNEY represented by Mark A Wasser (See above for address) LEAD ATTORNEY

Defendant Scott Ragland M.D.; both individually and in his official capacity as President-Elect of Medical Staff of Kern Medical Center Defendant William Roy M.D. Defendant Toni Smith both individually and in her official capacity as Chief Nurse Executive of Kern represented by Mark A Wasser (See above for address) LEAD ATTORNEY represented by Mark A Wasser (See above for address) LEAD ATTORNEY represented by Mark A Wasser (See above for address) LEAD ATTORNEY

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Medical Center

Date Filed 01/06/2007 01/06/2007 01/08/2007 01/08/2007

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Docket Text

1 CIVIL COVER SHEET by David F. Jadwin (Lee, Eugene) (Entered: 01/05/2007) 2 COMPLAINT for Damages and Injunctive Relief against all defendants by David F. Jadwin. Attorney Lee, Eugene David added.(Lee, Eugene) (Entered: 01/05/2007) RECEIPT number 101-10227 for $350.00 for Civil Filing Fee from Eugene D. Lee. (Arellano, S.) (Entered: 01/08/2007) 4 SUMMONS ISSUED as to *Jennifer Abraham* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 5 SUMMONS ISSUED as to *Peter Bryan* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 6 SUMMONS ISSUED as to *County of Kern* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 7 SUMMONS ISSUED as to *Irwin Harris* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 8 SUMMONS ISSUED as to *Eugene Kercher* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 9 SUMMONS ISSUED as to *Scott Ragland* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 10 SUMMONS ISSUED as to *William Roy* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 11 SUMMONS ISSUED as to *Toni Smith* with answer to complaint due within *20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007) 12 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/10/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Magistrate Standing Order # 2 Consent Forms # 3 VDRP Forms) (Arellano, S.) (Entered: 01/08/2007) 13 CLERK'S NOTICE of DOCKET CORRECTION to Eugene Lee 2 Complaint: Your document is not signed. Your signature on an electronically filed document is indicated by/s/ First Name-Last Name. Please include this text on the signature line of all future filings(Local Rule 7-131c). (Hellings, J) (Entered: 01/08/2007)

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01/08/2007

14 MINUTE ORDER (TEXT ONLY). Case reassigned to Judge Theresa A. Goldner for all further proceedings (Kern County). Judge Lawrence J. O'Neill no longer assigned to case. (Arellano, S.) (Entered: 01/08/2007) 15 FIRST AMENDED COMPLAINT against all defendants by David F. Jadwin. (Attachments: # 1 Exhibit Exhibits to First Amended Complaint)(Lee, Eugene) (Entered: 01/08/2007) 16 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by David F. Jadwin. (Lee, Eugene) (Entered: 01/10/2007) 17 CERTIFICATE of SERVICE by David F. Jadwin. (County of Kern & Peter Bryan) (Lee, Eugene) (Entered: 04/09/2007) 18 CERTIFICATE of SERVICE by David F. Jadwin. (remaining Defendants) (Lee, Eugene) (Entered: 04/11/2007) 19 CLERK'S NOTICE of DOCKET CORRECTION to Eugene Lee re 17 Certificate of Service, 18 Certificate of Service: When filing a proof of service of the Summons and Complaint, you must use the event Summons Returned Executed under the Service of Process category. For a proof of service as to all other documents, use the event Certificate of Service. Please re-file your document using the correct event. (Hellings, J) (Entered: 04/11/2007) 20 STIPULATION and PROPOSED ORDER Re: Service and Response to First Amended Complaint, Scheduling of Rule 26(f) Conference and Mandatory Scheduling Conference by County of Kern. Attorney Wasser, Mark A added. (Wasser, Mark) (Entered: 04/12/2007) 21 SUMMONS RETURNED EXECUTED by David F. Jadwin. Peter Bryan served on 4/9/2007, answer due 4/30/2007; County of Kern served on 4/9/2007, answer due 4/30/2007. (Lee, Eugene) (Entered: 04/16/2007) 22 SUMMONS RETURNED EXECUTED by David F. Jadwin. Irwin Harris served on 4/9/2007, answer due 4/30/2007; Eugene Kercher served on 4/9/2007, answer due 4/30/2007; Scott Ragland served on 4/9/2007, answer due 4/30/2007; William Roy served on 4/9/2007, answer due 4/30/2007; Toni Smith served on 4/9/2007, answer due 4/30/2007; Jennifer Abraham served on 4/9/2007, answer due 4/30/2007. (Lee, Eugene) (Entered: 04/16/2007) 23 STIPULATION RE; SERVICE ANDRESPONSE TO FIRST AMENDEDCOMPLAINT, SCHEDULIG OF RULE26(f) CONFERENCE AND MANDATORYSCHEDULING CONFERENCE ANDORDE Scheduling Conference RE-set for 5/31/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 4/18/7. (Kusamura, W) (Entered: 04/19/2007) 24 SUPPLEMENT by David F. Jadwin re 15 Amended Complaint. First Supplemental Complaint (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered: 04/24/2007) 25 ANSWER to AMENDED COMPLAINT by County of Kern.(Wasser, Mark) (Entered: 04/30/2007) 26 JOINT SCHEDULING REPORT by David F. Jadwin. (Lee, Eugene) (Entered: 05/21/2007)

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05/31/2007

27 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : SCHEDULING CONFERENCE held on 5/31/2007. Court to issue order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. (Timken, A) (Entered: 05/31/2007) 28 NOTICE of APPEARANCE by Eugene David Lee on behalf of David F. Jadwin. (Lee, Eugene) (Entered: 06/04/2007) 29 SCHEDULING ORDER:Discovery due by 4/4/2008, Non-Dispositive Motions due by 4/21/2008, Dispositive Motion due by 5/5/2008, Settlement Conference set for 2/6/2008 at 10:00 AM in Courtroom 8 (TAG) before Magistrate Judge Theresa A. Goldner, Jury Trial (estimated 14 days) set for 8/26/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Signed by Judge Oliver W. Wanger on 5/31/2007. (Vasquez, J) (Entered: 06/06/2007) SERVICE BY MAIL: 29 Scheduling Order, served on Joan Elizabeth Herrington (Vasquez, J) (Entered: 06/06/2007) 30 SUPPLEMENT by David F. Jadwin re 24 Supplement. Second Supplemental Complaint (Attachments: # 1 Exhibit Exhibits to Complaint)(Lee, Eugene) (Entered: 06/13/2007) 31 Second ANSWER to COMPLAINT Supplemental by County of Kern.(Wasser, Mark) (Entered: 06/21/2007) 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense by David F. Jadwin.Motion Hearing set for 8/13/2007 at 09:30 AM in Courtroom 8 (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 07/11/2007) 33 DECLARATION of Eugene D. Lee in SUPPORT OF re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007) 34 DECLARATION of Joan E. Herrington in SUPPORT OF re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007) 35 PROPOSED ORDER Proposed Order re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007) 36 REQUEST for JUDICIAL NOTICE by David F. Jadwin in re 32 Motion to Strike. (Lee, Eugene) (Entered: 07/11/2007) 37 MEMORANDUM/RESPONSE in SUPPORT re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007) 38 PROPOSED ORDER Corrected Proposed Order re 35 Proposed Order - R. (Lee, Eugene) (Entered: 07/11/2007) 39 DECLARATION of Eugene D. Lee in SUPPORT OF re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. AMENDED (Lee, Eugene) (Entered: 07/16/2007) 40 DECLARATION of Joan E. Herrington in SUPPORT OF re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. AMENDED (Lee,

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Eugene) (Entered: 07/16/2007) 07/25/2007 41 MINUTE ORDER (Text only) by Deputy Clerk: re 32 Motion to Strike. The location for this motion hearing will be held at the U.S. District Court, Bankruptcy Courtroom, 1300 18th Street, Suite A, Bakersfield, CA, 93301. Counsel may appear telephonically by making reservations via Court Call at (866) 582-6878, or appear in person. (Leon Guerrero, A) (Entered: 07/25/2007) 42 MEMORANDUM/RESPONSE in OPPOSITION. Attorney Wasser, Mark A added. 31 (Wasser, Mark) (Entered: 07/27/2007) 43 MEMORANDUM/RESPONSE in OPPOSITION. Replace Document #42 on Docket 31 (Wasser, Mark) (Entered: 07/27/2007) 44 DECLARATION of Mark A. Wasser in Opposition to Motion to Strike re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Wasser, Mark) (Entered: 07/27/2007) 45 REPLY to RESPONSE to MOTION re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 08/06/2007) 46 DECLARATION of Eugene D. Lee in SUPPORT OF re 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense. REPLY (Lee, Eugene) (Entered: 08/06/2007) 47 MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner : HEARING held on 8/14/2007 re 32 MOTION to STRIKE Fifth Affirmative Defense. Motion is argued and submitted. Court to issue ruling. Plaintiffs Counsel E. Lee telephonically present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Lucas, G) (Entered: 08/14/2007) 48 MOTION to COMPEL Initial Disclosures and Sanctions by David F. Jadwin.Motion Hearing set for 11/5/2007 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/24/2007) 49 MEMORANDUM/RESPONSE in SUPPORT re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007) 50 DECLARATION of Eugene D. Lee in SUPPORT OF re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007) 51 DECLARATION of Joan E. Herrington in SUPPORT OF re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007) 52 PROPOSED ORDER re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007) 53 MINUTE ORDER (Text only) by deputy clerk: Pursuant to LR 5-133(f) Plaintiff is to send courtesy copies of documents 49 Memorandum/Response in Support of Motion, 50 Declaration in support, and 51 Declaration in support, which exceed 50 pages in each document - to the chambers of Magistrate Judge Goldner, 1200 Truxtun Avenue, Suite 120, Bakersfield, CA, 93301. (Leon Guerrero, A) (Entered: 09/27/2007) 54 MEMORANDUM/RESPONSE in OPPOSITION. To Motion To Compel (Wasser, Mark) (Entered: 10/12/2007)

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10/12/2007 10/12/2007

55 DECLARATION of Mark A. Wasser in Opposition To re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Wasser, Mark) (Entered: 10/12/2007) 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.Motion Hearing set for 11/5/2007 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Wasser, Mark) (Entered: 10/12/2007) 57 MEMORANDUM/RESPONSE in SUPPORT re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 58 DECLARATION of Mark A. Wasser in Support of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 59 DECLARATION of Jennifer Abraham in Support of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 60 DECLARATION of Toni Smith in Support Of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 61 DECLARATION of Michelle Burris in Support Of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 62 DECLARATION of Denise Long in Support Of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 63 DECLARATION of Jane Thornton in Support Of re 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007) 64 ORDER denying 32 Motion to Strike signed by Judge Theresa A. Goldner on 10/23/2007. (Leon Guerrero, A) (Entered: 10/23/2007) 65 REPLY to RESPONSE to MOTION re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 10/26/2007) 66 DECLARATION of Eugene D. Lee in IN SUPPORT OF REPLY re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 10/26/2007) 67 DECLARATION of David F. Jadwin, D.O. in IN SUPPORT OF REPLY re 48 MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 10/26/2007) 68 MOTION for RECONSIDERATION re 64 Order on Motion to Strike Request for Reconsideration by District Court of Magistrate Judge's Ruling by David F. Jadwin. (Lee, Eugene) (Entered: 10/29/2007) 69 DECLARATION of Mark A. Wasser. Re: Inability to Prepare and Execute a Joint Statement Re: Discovery Agreement. [Re: Doc #56] (Wasser, Mark) (Entered: 10/31/2007) 70 MEMORANDUM/RESPONSE in OPPOSITION re 68 MOTION for RECONSIDERATION re 64 Order on Motion to Strike Request for Reconsideration by District Court of Magistrate Judge's Ruling. (Wasser, Mark) (Entered: 10/31/2007)

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11/01/2007

71 ORDER dropping Plaintiff's 48 MOTION to COMPEL; Order directing Counsel for Defendants to inform the Court as to the Status of Defendants' 56 MOTION for PROTECTIVE ORDER, signed by Judge Theresa A. Goldner on 11/01/2007. Defendants' Counsel shall advise the court in writing no later than 5:00 P.M. on 11/1/2007, if Defendants intend to proceed with the Motion for a Protective Order, or if they wish to withdraw it at this time. (Martin, S) (Entered: 11/01/2007) SERVICE BY MAIL: 71 Order served on Joan Elizabeth Herrington (Martin, S) (Entered: 11/01/2007) 72 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court is in receipt of the plaintiff's Motion for Reconsideration 68 , and defendant's memorandum/response in opposition 70 . Any reply shall befiled by 11/8/2007. The matter will then be deemed submitted. (Timken, A) (Entered: 11/01/2007) SERVICE BY MAIL: 72 Minute Order Joan Elizabeth Herrington. (Timken, A) (Entered: 11/01/2007) 73 STATEMENT of Withdrawal of Motion Re Protective Order by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 11/01/2007) 74 STIPULATION and PROPOSED ORDER Re Contact Information For Witnesses Disclosed In The Initial Disclosures by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 11/01/2007) 75 STIPULATION and ORDER RE: Contact Information for Witnesses Disclosed in the Initial Disclosures signed by Judge Theresa A. Goldner on 11/2/7. (Kusamura, W) (Entered: 11/02/2007) SERVICE BY MAIL: 75 Stipulation and Order served on Joan Elizabeth Herrington (Kusamura, W) (Entered: 11/02/2007) 76 MINUTE ORDER: The Court has received Defendants' statement of withdrawal of motion for protective order (Doc. 73). The motion for protective order is withdrawn, and the November 5, 2007 hearing on the motion is vacated 56 . (Kusamura, W) (Entered: 11/02/2007) SERVICE BY MAIL: 76 Minute Order served on Joan Elizabeth Herrington (Kusamura, W) (Entered: 11/02/2007) 77 REPLY to RESPONSE to MOTION re 68 MOTION for RECONSIDERATION re 64 Order on Motion to Strike Request for Reconsideration by District Court of Magistrate Judge's Ruling. (Lee, Eugene) (Entered: 11/08/2007) 78 STIPULATION and PROPOSED ORDER To Continue Trial And Pre-Trial Dates by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 11/15/2007) 79 MINUTE ORDER: ***TEXT ONLY ENTRY*** The docket indicates that you docketed a proposed order, 78 , however you failed to also send it toJudge Wangers order box so it could actually be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Timken, A) (Entered: 11/16/2007)

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11/20/2007

80 STIPULATION AND ORDER continuing pre-trial dates signed by Judge Oliver W. Wanger on 11/17/2007:Discovery due by 7/7/2008. Non-Dispositive Motions due by 7/21/2008. Dispositive Motion due by 8/4/2008. Settlement Conference set for 5/7/2008 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. Pretrial Conference set for 10/14/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 12/2/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lucas, G) (Entered: 11/20/2007) SERVICE BY MAIL: 80 Scheduling Order served on Joan Elizabeth Herrington (Lucas, G) (Entered: 11/20/2007) 81 ORDER denying 68 Motion for Reconsideration signed by Judge Oliver W. Wanger on 12/17/2007. (Kusamura, W) (Entered: 12/17/2007) 82 MOTION to COMPEL PRODUCTION / RESPONSES by David F. Jadwin.Motion Hearing set for 1/14/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 12/21/2007) 83 DECLARATION of Eugene D. Lee in INABILITY TO EXECUTE JOINT STATEMENT re 82 MOTION to COMPEL PRODUCTION / RESPONSES. (Lee, Eugene) (Entered: 01/09/2008) 84 DECLARATION of Mark A. Wasser in Re: Inability To Prepare and Execute A Joint Statement Re: Discovery Disagreement and In Opposition to Motion to Compel re 82 MOTION to COMPEL PRODUCTION / RESPONSES. (Wasser, Mark) (Entered: 01/09/2008) 85 MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner: MOTION HEARING held on 1/14/2008 re 82 MOTION to COMPEL. Argued and submitted. Court to issue ruling. Counsel to file stipulation and proposed order re matters agreed upon in Court re Discovery, to be filed by 1/23/2008. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 01/14/2008) 86 DECLARATION of Mark A. Wasser re 82 MOTION to COMPEL PRODUCTION / RESPONSES. Re: Inability to File Stipulation Following Discovery Hearing (Wasser, Mark) (Entered: 01/23/2008) 87 DECLARATION of Eugene D Lee in re INABILITY TO RESOLVE DISPUTE re 82 MOTION to COMPEL PRODUCTION / RESPONSES. (Lee, Eugene) (Entered: 01/23/2008) 88 DECLARATION of Mark A. Wasser re 82 MOTION to COMPEL PRODUCTION / RESPONSES. Supplemental Declaration Re: Inability to File Stipulation Following Discovery Hearing (Wasser, Mark) (Entered: 01/24/2008) 89 EX PARTE APPLICATION re Discovery Disputes by David F. Jadwin for EX PARTE TELEPHONIC HEARING. (Lee, Eugene) (Entered: 01/24/2008) 90 MINUTE ORDER (Text only) as approved by Magistrate Judge Goldner: re 89 Ex Parte Application. A Telephonic Status Conference is set for 2/1/2008 at 09:30 AM in Bakersfield at Truxtun (TAG) before Judge Goldner. Plaintiff counsel to initiate a one-line conference call with defendant's counsel to 661-326-6620 for telephonic appearance before Judge Goldner. (Leon Guerrero, A) (Entered: 01/25/2008)

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91 DECLARATION of Eugene D. Lee in re SUPPLEMENTAL DECLARATION re DISCOVERY DISPUTE re 82 MOTION to COMPEL PRODUCTION / RESPONSES. (Lee, Eugene) (Entered: 01/31/2008) 92 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: TELEPHONIC STATUS CONFERENCE re Ex Parte Discovery matters heard and conducted on 2/1/2008. NO EX PARTE RELIEF TO BE GRANTED. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 02/01/2008) 93 NOTICE by David F. Jadwin. CHANGE OF ATTORNEYS FOR PLAINTIFF (Lee, Eugene) (Entered: 02/04/2008) 94 CLERK'S NOTICE to Eugene Lee re 93 Notice (Other): When filing a document designating counsel for service, please use the event Designation of Counsel; please avoid using the generic Notice (other) event when a more specific event is available. (Hutcheson, C) (Entered: 02/04/2008) 95 MOTION to COMPEL DEPOSITION; PROTECTIVE ORDER; SANCTIONS by David F. Jadwin. Motion Hearing set for 4/14/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 03/24/2008) 96 MOTION to COMPEL FURTHER REPONSES TO INTERROGATORIES, SET ONE by David F. Jadwin. Motion Hearing set for 4/14/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 03/24/2008) 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 4/28/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Wasser, Mark) (Entered: 04/02/2008) 98 MEMORANDUM/RESPONSE in SUPPORT re 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff. (Wasser, Mark) (Entered: 04/02/2008) 99 DECLARATION of Mark A. Wasser in Support of re 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff. (Wasser, Mark) (Entered: 04/02/2008) 100 MINUTE ORDER (Text only) as approved by Magistrate Judge Goldner: Plaintiff's Motions 95 and 96 are RESET (for 4/28/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner). Parties may appear telephonically by making reservations with Court Call at 866-582-6878. (Leon Guerrero, A) (Entered: 04/03/2008) 101 DECLARATION of Mark A. Wasser in Re: Inability To Prepare Joint Statement on Discovery Dispute re 96 MOTION to COMPEL FURTHER REPONSES TO INTERROGATORIES, SET ONE. (Attachments: # 1 Exhibit A, # 2 Exhibit B and C)(Wasser, Mark) (Entered: 04/23/2008) 102 DECLARATION of Mark A. Wasser in Re Inability to Prepare Joint Statement Re Motion to Compel Patricia Perez Deposition re 95 MOTION to COMPEL

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DEPOSITION; PROTECTIVE ORDER; SANCTIONS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C and D, # 4 Exhibit E, # 5 Exhibit F)(Wasser, Mark) (Entered: 04/23/2008) 04/23/2008 103 DECLARATION of Eugene D. Lee in SUPPORT OF re 96 MOTION to COMPEL FURTHER REPONSES TO INTERROGATORIES, SET ONE. Inability to Secure Cooperation re Joint Statement (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered: 04/23/2008) 104 DECLARATION of Eugene D. Lee in SUPPORT OF re 95 MOTION to COMPEL DEPOSITION; PROTECTIVE ORDER; SANCTIONS. Inability to Secure Cooperation re Joint Statement (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered: 04/23/2008) 105 DECLARATION of Mark A. Wasser in Re Inability to Prepare Joint Statement re 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff. (Wasser, Mark) (Entered: 04/23/2008) 106 DECLARATION of Eugene D. Lee in OPPOSITION TO re 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff. Inability to Secure Cooperation re Joint Statement (Lee, Eugene) (Entered: 04/23/2008) 107 MINUTE ORDER: TEXT ONLY ENTRY - This notice is to clarify that the settlement conference in this matter is set for 5/7/2008 at 10:00 AM in Bakersfield at Truxtun (TAG) before Magistrate Judge Theresa A. Goldner. (Lucas, G) (Entered: 04/24/2008) 108 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: MOTION HEARING held on 4/28/2008 re 95 , 96 and 97 . Court to issue order. Plaintiff counsel to submit proposed order after hearing (Case Management due by 5/1/2008). Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser, K. Barnes present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 04/28/2008) 109 REQUEST for Telephonic Attendance of Settlement Conference by David F. Jadwin. (Lee, Eugene) (Entered: 04/29/2008) 110 NOTICE of Submission of Confidential Settlement Conference Statement by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 04/30/2008) 111 MINUTE ORDER (Text only) by Magistrate Judge Goldner: The Court has read and considered Plaintiff's request to attend the settlement conference by telephone. Doc 109 . Plaintiff's request is DENIED.(Leon Guerrero, A) (Entered: 05/02/2008) 112 NOTICE of Submission of Settlement Conference Statement by David F. Jadwin. (Lee, Eugene) (Entered: 05/02/2008) 113 ORDER GRANTING 95 Motion to Compel, request for sanctions taken under submission; GRANTING 96 Motion to Compel, further interrogatories 46 and 47 and request for sanctions taken under submission; DENYING 97 Motion for Protective Order signed by Magistrate Judge Theresa A. Goldner on 5/2/08. (Leon Guerrero, A) (Entered: 05/05/2008) 114 REQUEST for Reconsideration of Telephonic Attendance of Settlement Confernece by David F. Jadwin re 109 Request - ATY filed by David F. Jadwin. (Lee, Eugene)

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(Entered: 05/05/2008) 05/05/2008 05/05/2008 115 NOTICE of Withdrawal of Request for Reconsideration by David F. Jadwin re 114 Request - ATY. (Lee, Eugene) (Entered: 05/05/2008) 116 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/05/2008) 117 EX PARTE APPLICATION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham for Order Shortening Time Re Motion for Permission to Serve Expert Reports After May 5, 2008. (Wasser, Mark) (Entered: 05/05/2008) 118 DECLARATION of Mark A. Wasser in SUPPORT OF re 117 Ex Parte Application. for Order Shortening Time Re Motion for Permission to Serve Expert Reports After May 5, 2008 (Wasser, Mark) (Entered: 05/05/2008) 119 PROPOSED ORDER On Ex Parte Application for Order Shortening Time Re Motion for Permission to Serve Expert Reports After May 5, 2008 re 117 Ex Parte Application, 118 Declaration by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/05/2008) 120 DESIGNATION/DISCLOSURE of EXPERT WITNESS by David F. Jadwin. (Lee, Eugene) (Entered: 05/05/2008) 121 OPPOSITION by Plaintiff David F. Jadwin to 117 Ex Parte Application. for Order Shortening Time Re Motion for Permission to Serve Expert Reports After May 5, 2008 (Lee, Eugene) (Entered: 05/07/2008) 122 ORDER granting defendants application for order shortening time re motion for permission to serve expert reports after 5/5/2008 signed by Judge Oliver W. Wanger on 5/6/2008. Hearing on motion set for 5/12/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lucas, G) (Entered: 05/07/2008) 123 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: SETTLEMENT CONFERENCE conducted. Case did not settle. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser and K. Barnes present. (Leon Guerrero, A) (Entered: 05/07/2008) 124 ORDER granting in part and denying in part 82 Motion to Compel Production and Further Responses signed by Magistrate Judge Theresa A. Goldner on 5/8/2008. (Leon Guerrero, A) (Entered: 05/09/2008) 125 MEMORANDUM/RESPONSE in OPPOSITION. to Motion for Permission to Serve Expert Reports After May 5, 2008 (Attachments: # 1 Declaration In Support of Opposition to Motion for Permission to Serve Expert Reports After May 5, 2008, # 2 Exhibit to Declaration In Support of Opposition to Motion for Permission to Serve Expert Reports After May 5, 2008)(Lee, Eugene) (Entered: 05/09/2008) 126 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: HEARING re Motion to Serve Expert Reports After Cut-Off held on 5/12/2008. The matter was argued and submitted. The Court grants the motion, to be completed within 20 days. Counsel to submit stipulation amending scheduling orded no latter than

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5/16/2008. Counsel to prepare order reducing the Court's ruling to writing. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 05/12/2008) 05/13/2008 127 ORDER GRANTING IN PART AND DENYING IN PART SUBMITTED ISSUES ON MOTIONS TO COMPEL DISCOVERY RESPSONES re 95 AND 96 signed by Magistrate Judge Theresa A. Goldner on 5/13/2008. (Leon Guerrero, A) (Entered: 05/13/2008) 128 STIPULATION and PROPOSED ORDER re Protective Order re Privacy Balancing re 127 Order by David F. Jadwin. (Lee, Eugene) (Entered: 05/14/2008) 129 MINUTE ORDER: ***TEXT ONLY ENTRY*** Per the request of counsel, a Status Conference re plaintiff's examination has been set for 5/16/2008 at 09:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 05/15/2008) 130 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: STATUS CONFERENCE re plaintiff examination held on 5/16/2008. The Court orders the examination report subject to a protective order. The examination is not to be interrupted for the plaintiff to consult with counsel. The examinations are to be held 5/19/2008 from 10:00 - 12:00 and 5/29/2008 from 1:00 - 5:00. The defendant's vocational rehabilitation expert shall have access to plaintiff for the preperation of the report. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: P. Crawford. (Timken, A) (Entered: 05/16/2008) 131 MINUTE ORDER (TEXT ONLY) by Magistrate Judge Goldner: re 128 Stipulation and Proposed Order. In its order dated 5/8/08 (Doc 124), the Court directed counsel to submit a stipulated form of protective order. A protective order prevents the disclosure of sensitive information except to certain individuals under certain circumstances. The purpose of the Court's order directing counsel to submit a stipulated form of protective order is for counsel to agree upon the terms necessary to protect the information to be produced by Defendant in response to Plaintiff's Request for Production Nos. 12-15, 17, 28-30, 32, 33, 36-41, 45, 51-54, 58-61, 63, 65-67, 70-73, and 78. The stipulation 128 is not approved as a protective order because it does not address who will be given access to the information or under what circumstances. Counsel are to submit a stipulated proposed form of protective order containing those terms within 5 days from the date of this minute order. If they cannot agree, then each counsel shall submit their own proposed form of protective order within six days from the date of this order. (Leon Guerrero, A) (Entered: 05/16/2008) 132 STIPULATION and PROPOSED ORDER Stipulation Re: Examination of Plaintiff and Order re 130 Status Conference,, by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/16/2008) 133 STIPULATION and PROPOSED ORDER Stipulation to Continue Trial and Pre-Trial Dates and Order re 126 Motion Hearing,, 130 Status Conference,, by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/16/2008) 134 MOTION for RECONSIDERATION re 124 Order on Motion to Compel Production and Further Responses to Requests for Production, Set One by David F. Jadwin. (Lee, Eugene) (Entered: 05/19/2008)

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135 STIPULATION and ORDER RE: Examination of Plaintiff, signed by Judge Oliver W. Wanger on 05/19/2008. (Kusamura, W) (Entered: 05/20/2008) 136 STIPULATION and PROPOSED ORDER Re: Balancing of Privacy Interests and Protective Order re 124 Order on Motion to Compel by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/20/2008) 137 STIPULATION and ORDER re balancing of privacy interests and protective order signed by Magistrate Judge Theresa A. Goldner on 5/20/2008. (Leon Guerrero, A) (Entered: 05/20/2008) 138 MINUTE ORDER: ***TEXT ONLY ENTRY*** NOTICE TO COUNSEL RE 134 : Counsel are reminded of Local Rule 5-133(f) that when any document which has been electronically filed exceeds 25 pages, counsel must also submit a courtesy paper copy to chambers which is properly labeled, tabbed and fastened. (Timken, A) (Entered: 05/21/2008) 139 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court has ordered a Status Conference to be held 5/23/2008 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. All parties may appear telephonically. Counsel to arrange the conference call prior to calling chambers at 12:00. (Timken, A) (Entered: 05/22/2008) 140 MOTION for PROTECTIVE ORDER re Psychotherapy Notes, MOTION to QUASH Records Subpoenas by David F. Jadwin. (Attachments: # 1 Declaration In Support of Motion for Protective Order & Quash Subpoenas, # 2 Declaration In Support of Motion for Protective Order and Quash Subpoenas)(Lee, Eugene) (Entered: 05/22/2008) 141 MEMORANDUM/RESPONSE in OPPOSITION re 134 MOTION for RECONSIDERATION re 124 Order on Motion to Compel Production and Further Responses to Requests for Production, Set One. (Wasser, Mark) (Entered: 05/23/2008) 142 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: Telephonic Status HEARING held on 5/23/2008. Resolution of dispute was reached. Plainitff to prepare order for approval of the court. Plaintiffs Counsel E. Lee Telephonic. Defendants Counsel M. Wasser - Telephonic. Court Reporter/CD Number: ECRO. (Timken, A) (Entered: 05/23/2008) 143 PROPOSED ORDER GRANTING IN PART AND DENYING IN PART re 140 MOTION for PROTECTIVE ORDER re Psychotherapy Notes MOTION to QUASH Records Subpoenas by David F. Jadwin. (Lee, Eugene) (Entered: 05/23/2008) 144 STIPULATION and PROPOSED ORDER To Continue Trial and Pre-Trial Dates by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/28/2008) 145 STIPULATION and PROPOSED ORDER To Continue Pre-Trial Dates and Order (CORRECTED) by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/28/2008) 146 REQUEST for Telephone Conference Re: Psychological Exam of Plaintiff by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy,

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Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 06/02/2008) 06/02/2008 06/02/2008 147 MOTION to COMPEL Compliance with Order re Plaintiff's Mental Examination by David F. Jadwin. (Lee, Eugene) (Entered: 06/02/2008) 148 MINUTE ORDER: ***TEXT ONLY ENTRY*** Pursuant to the request of counsel, a Status Conference re plaintiff's mental examination has been set for 6/4/2008 at 12:15 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 06/02/2008) 149 STIPULATION and ORDER, signed by Judge Oliver W. Wanger on 5/29/2008. (Disclosure of Expert Reports due by 06/16/2008, Supplemental Expert Disclosure due by 07/16/2008, Discovery due by 8/18/2008, Non-Dispositive Motion Deadline due by 09/2/2008, Non-Dispositive Motion Hearing set for 10/2/2008, Dispositive Motion due by 9/15/2008, Dispositive Motion Hearing set for 10/20/2008, Jury Trial set for 12/2/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Pretrial Conference set for 11/3/2008 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Martin, S) (Entered: 06/03/2008) SERVICE BY MAIL: 149 Stipulation and Order, served on David F. Jadwin (Martin, S) (Entered: 06/03/2008) 150 DECLARATION of David F. Jadwin, D.O. in IN SUPPORT OF re 147 MOTION to COMPEL Compliance with Order re Plaintiff's Mental Examination. Supplemental (Lee, Eugene) (Entered: 06/03/2008) 151 DECLARATION of Eugene D. Lee in IN SUPPORT OF re 147 MOTION to COMPEL Compliance with Order re Plaintiff's Mental Examination. Supplemental (Lee, Eugene) (Entered: 06/03/2008) 152 DECLARATION of Robert Burchuk, M.D. in Support of Independent Psychological Testing of Plaintiff David Jadwin re 146 Request - ATY, 148 Minute Order, Set/Reset Deadlines and Hearings - O. (Wasser, Mark) (Entered: 06/03/2008) 153 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: STATUS CONFERENCE re plaintiff examination held on 6/4/2008. Issues relating to the examination of the plaintiff were argued. The Court orders the 6/6/2008 examination to take place at Dr. Jadwin's office. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Timken, A) (Entered: 06/04/2008) 154 TRANSCRIPT of Proceedings re Motion to Compel held on January 14, 2008, before Magistrate Judge Theresa A. Goldner, filed by ECRO Michelle Rooney, Phone number 559-499-5928 E-mail mrooney@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/26/2008. Redacted Transcript Deadline set for 7/7/2008. Release of Transcript Restriction set for 9/3/2008. (Rooney, M) (Entered: 06/05/2008) 155 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT by David F. Jadwin. Motion Hearing set for 7/14/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before

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Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 06/11/2008) 06/12/2008 156 MINUTE ORDER (Text only) by Deputy Clerk: re 155 Motion to Amend the Complaint. Pursuant to LR 133, counsel must provide a courtesy paper copy to the chambers of Magistrate Goldner. (Leon Guerrero, A) (Entered: 06/12/2008) 157 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 06/16/2008) 158 MEMORANDUM/RESPONSE in OPPOSITION re 155 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT. (Wasser, Mark) (Entered: 06/25/2008) 159 WITHDRAWAL of 155 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT by David F. Jadwin. (Lee, Eugene) (Entered: 06/30/2008) 160 NOTICE of CHANGE of ADDRESS by Mark A Wasser. (Wasser, Mark) (Entered: 07/01/2008) 161 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint by David F. Jadwin. Motion Hearing set for 9/8/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lee, Eugene) (Entered: 07/07/2008) 162 MINUTE ORDER: (Text only) re 161 MOTION to AMEND the Complaint RESET from Judge Wanger's calendar to Magistrate Judge Goldner's calendar for 9/8/2008 at 09:30 AM in Bakersfield at U.S. District Court, Bankrutpcy Courtroom, 1300 18th Street (TAG) before Magistrate Judge Theresa A. Goldner.(Leon Guerrero, A) (Entered: 07/09/2008) 163 EX PARTE APPLICATION by David F. Jadwin for Order Shortening Time re Plaintiff's Motion to Compel Depositions. (Attachments: # 1 Proposed Order Shortening Time re Plaintiff's Motion to Compel)(Lee, Eugene) (Entered: 07/14/2008) 164 EX PARTE APPLICATION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham for Order Shortening Time For Motion For Protective Order Re Further Depositions and Interrogatories By Plaintiff. (Wasser, Mark) (Entered: 07/14/2008) 165 DECLARATION of Mark A. Wasser in Support of re 164 Ex Parte Application,. (Wasser, Mark) (Entered: 07/14/2008) 166 PROPOSED ORDER Proposed Order re 165 Declaration, 164 Ex Parte Application, by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 07/14/2008) 167 MINUTE ORDER (Text entry only) by Magistrate Judge Goldner: Plaintiffs application for Order Shortening Time 163 is DENIED. Defendants application for Order Shortening Time 164 is DENIED.(Leon Guerrero, A) (Entered: 07/15/2008)

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168 MOTION to COMPEL DEPOSITIONS by David F. Jadwin. Motion Hearing set for 8/5/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 07/15/2008) 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 8/6/2008 at 09:30 AM in Bakersfield at Truxtun (TAG) before Magistrate Judge Theresa A. Goldner. (Wasser, Mark) (Entered: 07/16/2008) 170 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 07/16/2008) 171 DESIGNATION/DISCLOSURE of EXPERT WITNESS by David F. Jadwin. (Lee, Eugene) (Entered: 07/16/2008) 172 NOTICE of Lodging by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff. (Wasser, Mark) (Entered: 07/21/2008) 173 ORDER Granting In Part and Denying In Part Plaintiff's Motions for Protective Order; to Quash two record subpoenas for Plaintiff's psychiatric records; and for Defendants' compliance with the Court's Order re: Plaintiff's Examination 140 , signed by Judge Oliver W. Wanger on 5/24/08. (Gil-Garcia, A) (Entered: 07/25/2008) SERVICE BY MAIL: 173 Order on Motion for Protective Order, Order on Motion to Quash,, served on David F. Jadwin (Gil-Garcia, A) (Entered: 07/25/2008) 174 MEMORANDUM DECISION and ORDER Denying 134 Plaintiff's Request for Reconsideration of Magistrate Judge's Ruling signed by Judge Oliver W. Wanger on 7/24/08. (Verduzco, M) (Entered: 07/28/2008) SERVICE BY MAIL: 174 Order served on David F. Jadwin. (Verduzco, M) (Entered: 07/28/2008) 175 MOTION for PROTECTIVE ORDER re EXPERT DEPOSITIONS by David F. Jadwin. Motion Hearing set for 8/21/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 07/31/2008) 176 APPLICATION for Order Shortening Time re Motion for Protective Order re Expert Depositions by David F. Jadwin re 175 MOTION for PROTECTIVE ORDER re EXPERT DEPOSITIONS filed by David F. Jadwin. (Lee, Eugene) (Entered: 07/31/2008) 177 PROPOSED ORDER SHORTENING TIME re 176 Application - ATY by David F. Jadwin. (Lee, Eugene) (Entered: 07/31/2008) 178 DECLARATION of Eugene Lee in SUPPORT OF re 168 MOTION to COMPEL DEPOSITIONS. INABILITY TO FILE JOINT STATEMENT (Attachments: # 1 Declaration in Support of Motion to Compel)(Lee, Eugene) (Entered: 07/31/2008)

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179 MINUTE ORDER by Magistrate Judge Goldner (TEXT ONLY ENTRY): The Court has reviewed Plaintiff's application for an order shortening time (Doc 176) re a motion for a protective order. Defendants are directd to file a response to the request for an order shortening time only, no later than 5:00 p.m. on August 1, 2008.(Vasquez, J) (Entered: 08/01/2008) SERVICE BY MAIL: 179 Minute Order served on David F. Jadwin (Alvarez, A) (Entered: 08/01/2008) 180 MEMORANDUM by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 176 Application - ATY filed by David F. Jadwin, 179 Minute Order, Set/Reset Deadlines and Hearings - O,,. In Response to Plaintiff's Ex Parte Application for an Order Shortening Time Re Motion for Protective Order Re Expert Depositions (Wasser, Mark) (Entered: 08/01/2008) 181 OBJECTIONS by Plaintiff David F. Jadwin to 180 Memorandum,. re Plaintiff's Ex Parte Application for an Order Shortening Time (Lee, Eugene) (Entered: 08/01/2008) 182 DECLARATION of Mark A. Wasser re 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff. In Lieu of Joint Statement Re Discovery Disagreement Re Defendants' Motion for a Protective Order (Wasser, Mark) (Entered: 08/01/2008) 183 DECLARATION of Mark A. Wasser in Opposition To re 168 MOTION to COMPEL DEPOSITIONS. (Wasser, Mark) (Entered: 08/01/2008) 184 OPPOSITION by David F. Jadwin to 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff. Declaration of Eugene Lee in Opposition (Lee, Eugene) (Entered: 08/01/2008) 185 MINUTE ORDER (Text only) by Magistrate Judge Goldner: The hearing on Plaintiffs Motion to Compel Depositions and Request for Sanctions 168 is continued from August 5, 2008 at 9:30 AM to August 6, 2008 at 9:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner, and will be heard at the same time as Defendants Motion for a Protective Order re Further Depositions and Interrogatories 169 . (Leon Guerrero, A) (Entered: 08/04/2008) 186 ORDER granting application, 175 MOTION for PROTECTIVE ORDER re EXPERT DEPOSITIONS set for 8/11/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner signed by Magistrate Judge Theresa A. Goldner on 8/4/2008. (Leon Guerrero, A) (Entered: 08/04/2008) 187 DOCKET CORRECTION re 186 . Entry 186 should read: ORDER granting application 176 , setting MOTION 175 for PROTECTIVE ORDER re EXPERT DEPOSITIONS for 8/11/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner signed by Magistrate Judge Theresa A. Goldner on 8/4/2008. (Leon Guerrero, A) (Entered: 08/04/2008) 188 MINUTE ORDER (Text only) MOTION 175 - MOTION for PROTECTIVE ORDER is RESET from 8/11/2008 to 8/12/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Leon Guerrero, A) (Entered: 08/06/2008)

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08/07/2008

189 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: MOTION HEARING held on 8/6/2008 re 168 MOTION to COMPEL and 169 MOTION for PROTECTIVE ORDER. Plaintiff's motion to compel depositions is GRANTED, request for sanctions DENIED. Defendant's motion for protective order is GRANTED IN PART and DENIED IN PART. Counsel to submit proposed orders by 8/8/2008. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 08/07/2008) 190 PROPOSED ORDER re 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 08/08/2008) 191 STIPULATION and PROPOSED ORDER Re Depositions After Discovery Cut-Off by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, David F. Jadwin, Jennifer Abraham. (Wasser, Mark) (Entered: 08/08/2008) 192 STIPULATION and ORDER re depositions after discovery cut-off signed by Judge Oliver W. Wanger on 8/8/2008. (Timken, A) (Entered: 08/08/2008) SERVICE BY MAIL: 192 Stipulation and Order served on David F. Jadwin (Timken, A) (Entered: 08/08/2008) 193 WITHDRAWAL of 175 MOTION for PROTECTIVE ORDER re EXPERT DEPOSITIONS by David F. Jadwin. (Lee, Eugene) (Entered: 08/08/2008) 194 ORDER granting plaintiff's motion to compel depositions and denying plaintiff's request for sanctions 168 signed by Magistrate Judge Theresa A. Goldner on 8/8/2008. (Leon Guerrero, A) (Entered: 08/08/2008) 195 MINUTE ORDER (Text only): In light of Plaintiff's withdraw of Motion for Protective Order 175 , the hearing set for 8/12/2008 is VACATED. (Leon Guerrero, A) (Entered: 08/08/2008) 196 ORDER granting in part and denying in part defendants' motion for protective order 169 signed by Magistrate Judge Theresa A. Goldner on 8/8/2008. (Leon Guerrero, A) (Entered: 08/08/2008) 197 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the discovery cut-off in the matter has been extended, and at the request of counsel, a Scheduling Conference has been set for 8/13/2008 at 12:30 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger to discuss the possibility of a revised schedule. (Timken, A) (Entered: 08/12/2008) 198 STIPULATION re Depositions After Discovery Cut-off & ORDER Thereon signed by Judge Oliver W. Wanger on 8/8/08. (Verduzco, M) (Entered: 08/12/2008) 199 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: STATUS CONFERENCE held on 8/13/2008 Matter was aregued and Court ruled. Extending filing dates for discovery 2 weeks, trial date will remain the same. Motion Hearing set for 10/27/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Kusamura, W) (Entered: 08/14/2008)

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08/18/2008

200 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: TELEPHONIC CONFERENCE re discovery disputes during depositions held on 8/18/2008. Depositions to proceed as ordered by the Court. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 08/18/2008) 201 PROPOSED ORDER Revised Scheduling Order re 199 Status Conference, Set/Reset Deadlines and Hearings - MIN,, by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 08/19/2008) 202 REQUEST for Telephonic Conference re Deposition Disputes by David F. Jadwin. (Attachments: # 1 Exhibit Deposition of Toni Smith, # 2 Exhibit Deposition of Barbara Patrick)(Lee, Eugene) (Entered: 08/21/2008) 203 MINUTE ORDER (Text only) by Magistrate Judge Goldner. The Court sets a TELEPHONIC STATUS CONFERENCE on Plaintiff's "Request" (Doc 202) filed this date, set for 8/21/2008 at 02:00 PM in Bakersfield at Truxtun (TAG) before Magistrate Judge Theresa A. Goldner. Counsel may appear telephonically on a one-line conference call to 661-326-6620. (Leon Guerrero, A) (Entered: 08/21/2008) 204 OPPOSITION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham to 161 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint. (Wasser, Mark) (Entered: 08/22/2008) 205 STIPULATION and PROPOSED ORDER re 161 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 08/22/2008) 206 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: TELEPHONIC STATUS CONFERENCE held on 8/22/2008. Court to issue order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 08/22/2008) 207 ORDER re 202 Letter Request regarding discovery dispute, and Order re appointment of Special Master for depositions signed by Magistrate Judge Theresa A. Goldner on 8/22/08. (Attachments: # 1 Curriculum Vitae)(Leon Guerrero, A) (Entered: 08/22/2008) 208 STIPULATION and ORDER resetting MOTION 161 . MOTION to AMEND the COMPLAINT is reset from 9/8/2008 to 9/15/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner - signed by Magistrate Judge Theresa A. Goldner on 8/22/2008. (Leon Guerrero, A) (Entered: 08/22/2008) 209 REVISED SCHEDULING ORDER, signed by Judge Oliver W. Wanger on 8/20/2008. (Non-Dispositive Motion Hearing 10/3/2008). **STAYED per 238 Order** (Scrivner, E) (Entered: 08/25/2008) 210 STATEMENT of Mark Wasser re: Special Master by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 08/25/2008)

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08/27/2008 08/27/2008 09/01/2008

211 AFFIDAVIT by Kenneth M Byrum. Attorney Byrum, Kenneth M. added. (Byrum, Kenneth) (Entered: 08/27/2008) 212 OBJECTIONS by Plaintiff David F. Jadwin to 207 Order. re Special Master (Lee, Eugene) (Entered: 08/27/2008) 213 PROPOSED ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL DEPOSITIONS re 200 In Chambers Conference, by David F. Jadwin. (Lee, Eugene) (Entered: 09/01/2008) 214 REQUEST for Reconsideration of Magistrate Judge's Ruling by David F. Jadwin re 207 Order. (Lee, Eugene) (Entered: 09/01/2008) 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3 by David F. Jadwin. Motion Hearing set for 9/26/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/01/2008) 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS by David F. Jadwin. Motion Hearing set for 9/26/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/02/2008) 217 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) by David F. Jadwin. Motion Hearing set for 10/3/2008 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/02/2008) 218 WITHDRAWAL of 161 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint by David F. Jadwin. (Lee, Eugene) (Entered: 09/03/2008) 219 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Hearing re Motion to amend complaint, 217 , currently set for 10/3/2008 before Magistrate Judge Goldner, has been reset for 10/6/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 09/03/2008) 220 ORDER DENYING REQUEST FOR APPOINTMENT OF SPECIAL MASTER and ORDER ON STIPULATIONS RE DEPOSITIONS signed by Magistrate Judge Theresa A. Goldner on 9/5/2008. (Leon Guerrero, A) (Leon Guerrero, A). (Entered: 09/05/2008) 221 RESERVICE OF DOCUMENT 220 : addressed to all parties (Leon Guerrero, A) (Entered: 09/05/2008) 222 ORDER DENYING 214 Plaintiff's Request for Reconsideration By District Court of Magistrate Judge's Ruling Signed by Judge Oliver W. Wanger on 09/10/2008. (Arellano, S.) (Entered: 09/11/2008) 223 MINUTE ORDER: ***TEXT ONLY ENTRY*** At the request of counsel, a telephonic conference has been set for 9/17/2008 at 12:15 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 09/16/2008) 224 MINUTES (Text Only) for proceedings held on 9/17/2008 before Judge Oliver W. Wanger: IN COURT HEARING re scheduling conflicts held - the court stays the current scheduling conference dates pending disposition on the motion to amend, document 161 , currently set to be heard on 10/6/2008 before Judge Oliver Wanger. Attorney Mark Wasser to prepare order re same.Plaintiff's Counsel E. Lee and J.

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Herrington appearing telephonically. Defendants' Counsel M. Wasser appearing telephonically.Court Reporter/CD Number: ECRO. (Rooney, M) (Entered: 09/17/2008) 09/19/2008 225 OPPOSITION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham to 217 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT). (Wasser, Mark) (Entered: 09/19/2008) 226 PROPOSED ORDER Staying Revised Scheduling Order by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 09/22/2008) 227 DECLARATION of Eugene D. Lee in re INABILITY TO EXECUTE JOINT STATEMENT 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3. (Attachments: # 1 Exhibit to Joint Statement)(Lee, Eugene) (Entered: 09/23/2008) 228 WITHDRAWAL of 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS by David F. Jadwin. (Lee, Eugene) (Entered: 09/23/2008) 229 DECLARATION of Mark A. Wasser in Re: Inability to Prepare and Execute a Joint Statement Re Discovery Disagreement in Opposition to Motion to Compel 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3. (Wasser, Mark) (Entered: 09/23/2008) 230 DECLARATION of Mark A. Wasser in Re Inability to Prepare and Execute a Joint Statement Re Discovery Disagreement In Opposition To Motion to Compel Reconvening of Depositions 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS. (Wasser, Mark) (Entered: 09/23/2008) 231 DECLARATION of Mark A. Wasser in Support of Request for Attorneys Fees on Withdrawal of Motion to Compel Reconvening Depositions 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS. (Wasser, Mark) (Entered: 09/24/2008) 232 MINUTE ORDER (Text entry only) as approved by Magistrate Judge Goldner: Law and motion dates are scheduled for Mondays; Motion 215 to Compel FURTHER PRODUCTION - is RESET from 9/26/2008 to 9/29/2008 at 09:00 AM in Bakersfield at 1300 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Leon Guerrero, A) (Entered: 09/24/2008) 233 DECLARATION of Eugene D. Lee. (Attachments: # 1 Declaration in Support of Request for Sanctions, # 2 Declaration in Support of Request for Sanctions)(Lee, Eugene) (Entered: 09/26/2008) 234 DECLARATION of Eugene D. Lee in SUPPLEMENTAL IN SUPPORT OF 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3. (Lee, Eugene) (Entered: 09/26/2008) 235 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A. Goldner: MOTION HEARING re 215 and 216 held on 9/29/2008. Plaintiff's counsel to

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file proposed order by 10/3/2008. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 09/29/2008) 09/29/2008 236 REPLY by David F. Jadwin to RESPONSE to 217 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT). (Lee, Eugene) (Entered: 09/29/2008) 237 ORDER STAYING revised scheduling order pending hearing on plaintiff's motion to amend his complaint currently scheduled for 10/6/2008; order signed by Judge Oliver W. Wanger on 9/30/2008. (Rooney, M) (Entered: 10/01/2008) 238 ORDER STAYING Revised 209 Scheduling Order, signed by Judge Oliver W. Wanger on 9/30/2008. (Sondheim, M) (Entered: 10/02/2008) 239 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: HEARING re Motion to Amend Complaint held on 10/6/2008. Matter argued and submitted. The Court grants the motion. Amended Complaint to be filed by 10/7/2008. Discovery is reopened as to the new claims only. Discovery conference to be held no later than 10/17/2008. Discovery due by 10/28/2008. Dispositive Motions due by 11/13/2008. Responses due 12/1/2008. Replies due by 12/8/2008. Dispositive motions to be heard 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Pretrial Conference set for 2/9/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 3/24/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiff's counsel to prepare order. Plaintiffs Counsel E. David Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 10/06/2008) 240 ORDER granting in part and denying in part 215 Motion to Compel signed by Magistrate Judge Theresa A. Goldner on 10/6/2008. (Leon Guerrero, A) (Entered: 10/06/2008) 241 Second AMENDED COMPLAINT against all defendants by David F. Jadwin. (Attachments: # 1 Exhibit to Second Amended Complaint)(Lee, Eugene) (Entered: 10/07/2008) 242 ORDER GRANTING PLAINTIFF'S REQUEST FOR SANCTIONS 215 signed by Magistrate Judge Theresa A. Goldner on 10/15/2008. (Leon Guerrero, A) (Entered: 10/15/2008) 243 PROPOSED ORDER re Plaintiff's Motion to Amend re 217 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) by David F. Jadwin. (Lee, Eugene) (Entered: 10/15/2008) 244 PROPOSED ORDER (CORRECTED) re Plaintiff's Motion to Amend re 243 Proposed Order, by David F. Jadwin. (Lee, Eugene) (Entered: 10/16/2008) 245 ORDER Granting Plaintiff's Motion for Leave to File Second Amended Complaint signed by Judge Oliver W. Wanger on 10/20/2008. (Flores, E) (Entered: 10/23/2008)

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246 ANSWER to AMENDED COMPLAINT by Peter Bryan, Irwin Harris, County of Kern.(Wasser, Mark) (Entered: 10/27/2008) 247 REQUEST for Relief from Page Limitation on MSJ by David F. Jadwin. (Lee, Eugene) (Entered: 11/05/2008) 248 REQUEST for relief from 25-Page Limitation on Motions for Summary Judgment by Peter Bryan, Irwin Harris, County of Kern. (Wasser, Mark) (Entered: 11/05/2008) 249 MINUTE ORDER: ***TEXT ONLY ENTRY*** Counsel are advised that pursuant to their requests, 247 , 248 , to file documents in excess of 25 pages, these two requests are granted with a 35 page limit. (Timken, A) (Entered: 11/07/2008) 250 MOTION for JUDGMENT on the Pleadings by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Wasser, Mark) (Entered: 11/13/2008) 251 MEMORANDUM by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in SUPPORT of 250 MOTION for JUDGMENT on the Pleadings. (Wasser, Mark) (Entered: 11/13/2008) 252 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham: Notice of Lodging Deposition Transcripts Lodged with court pursuant to 5-133(j). (Wasser, Mark) (Entered: 11/13/2008) 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Wasser, Mark) (Entered: 11/13/2008) 254 DECLARATION of Michael J. Rubio in Support of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 255 DECLARATION of Raymond A. Watson in Support of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 256 DECLARATION of Mike Maggard in Support of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 257 DECLARATION of Jon McQuiston in Support of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 258 DECLARATION of Don Maben in Support of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 259 STATEMENT of Undisputed Facts In Support of Motion for Summary Judgment by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 253 MOTION for

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SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Attachments: # 1 Documents supporting, # 2 Documents supporting, # 3 Documents supporting, # 4 Documents supporting, # 5 Documents supporting, # 6 Documents supporting, # 7 Documents supporting, # 8 Documents supporting, # 9 Documents supporting, # 10 Documents supporting)(Wasser, Mark) (Entered: 11/13/2008) 11/13/2008 260 STATEMENT of Undisputed Facts In Support of Summary Judgment by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Attachments: # 1 Documents supporting, # 2 Documents supporting, # 3 Documents supporting, # 4 Documents supporting, # 5 Documents supporting, # 6 Documents supporting, # 7 Documents supporting, # 8 Documents supporting, # 9 Documents supporting, # 10 Documents supporting)(Wasser, Mark) (Entered: 11/13/2008) 261 STATEMENT of Undisputed Facts In Support of Summary Judgment by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Attachments: # 1 Documents supporting, # 2 Documents supporting, # 3 Documents supporting, # 4 Documents supporting, # 5 Documents supporting, # 6 Documents supporting, # 7 Documents supporting, # 8 Documents supporting, # 9 Documents supporting)(Wasser, Mark) (Entered: 11/13/2008) 262 MEMORANDUM by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in SUPPORT of 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008) 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION by David F. Jadwin. Motion Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lee, Eugene) (Entered: 11/13/2008) 264 STATEMENT of Undisputed Material Facts by Plaintiff David F. Jadwin re 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/13/2008) 265 DECLARATION of David F. Jadwin in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008) 266 DECLARATION of Eugene Lee in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Attachments: # 1 Declaration Part 2, # 2 Declaration of Eugene Lee (Part 3 of 3))(Lee, Eugene) (Entered: 11/14/2008) 267 DECLARATION of Eugene Lee in SUPPLEMENTAL IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Attachments: # 1 Declaration of Eugene Lee - Supplemental (Part 2 of 2))(Lee, Eugene) (Entered: 11/14/2008) 268 DECLARATION of Regina Levison in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008)

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11/14/2008

269 DECLARATION of Anthony Reading in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008) 270 DECLARATION of Paul Riskin in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008) 271 DECLARATION of Stephanie Rizzardi in IN SUPPORT OF 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008) 272 NOTICE OF CORRECTED FILING by David F. Jadwin re 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Attachments: # 1 Statement OF UNDISPUTED FACTS IN SUPPORT OF CORRECTED MOTION FOR PARTIAL OR FULL SUMMARY JUDGMENT, # 2 Declaration SUPPLEMENTAL DECLARATION OF DAVID JADWIN IN SUPPORT OF CORRECTED MOTION FOR PARTIAL OR FULL SUMMARY JUDGMENT)(Lee, Eugene) (Entered: 11/14/2008) 273 REQUEST for Relief from Page Limitation on MSJ Opposition by David F. Jadwin. (Lee, Eugene) (Entered: 11/24/2008) 274 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court has granted plaintiff's request 273 , to increase the page limit in his opposition brief not to exceed 35 pages. (Timken, A) (Entered: 12/01/2008) 275 OPPOSITION by David F. Jadwin to 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008) 276 OPPOSITION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham to 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Wasser, Mark) (Entered: 12/01/2008) 277 DECLARATION of Eugene D. Lee in OPPOSITION TO 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Attachments: # 1 Declaration of Eugene Lee in Opposition to MSJ (Pt 2 of 5), # 2 Declaration of Eugene Lee in Opposition to MSJ (Pt 3 of 5), # 3 Declaration of Eugene Lee in Opposition to MSJ (Pt 4 of 5), # 4 Declaration of Eugene Lee in Opposition to MSJ (Pt 5 of 5))(Lee, Eugene) (Entered: 12/01/2008) 278 REPLY/RESPONSE to Plaintiff's Statement of Undisputed Facts in Opposition to Plaintiff's Motion for Summary Judgment and/or Summary Adjudication by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION, 264 Statement - R. (Attachments: # 1 Attachment to Defendants' Response to Plaintiff's Statement of Undisputed Facts)(Wasser, Mark) (Entered: 12/01/2008) 279 DECLARATION of Lawrence Weiss, M.D. in OPPOSITION TO 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008)

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12/01/2008

280 REQUEST for JUDICIAL NOTICE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in re 253 Motion for Summary Judgment,. (Wasser, Mark) (Entered: 12/01/2008) 281 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham: Deposition Transcripts Lodged with court pursuant to 5-133(j). (Wasser, Mark) (Entered: 12/01/2008) 282 STATEMENT of Material Facts in Response to Motion for Summary Judgment by Plaintiff David F. Jadwin re 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008) 283 OBJECTIONS by Plaintiff David F. Jadwin to 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. OBJECTIONS TO EVIDENCE (Lee, Eugene) (Entered: 12/01/2008) 284 DECLARATION of David F. Jadwin in OPPOSITION TO 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008) 285 NOTICE OF FILING / LODGING DOCUMENT IN PAPER AMENDED by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham: Entire Deposition Transcripts Lodged with court pursuant to 5-133(j). (Wasser, Mark) (Entered: 12/01/2008) 286 CLERK'S NOTICE addressed to counsel re documents filed in support of, and/or opposition to, Motion for Summary Judgment, documents 276 277 278 279 280 282 283 284 : PLEASE NOTE - Counsel are reminded of Local Rule 5-133(f) which requires that when any document which has been electronically filed exceeds 25 pages, counsel must submit a courtesy copy to chambers which is properly tabbed and fastened. (TEXT ENTRY ONLY) (Rooney, M) (Entered: 12/02/2008) 287 Receipt of Amended Lodged Documents re 285 Notice of Filing / Lodging Document in Paper. (Sondheim, M) (Entered: 12/03/2008) 288 REPLY by David F. Jadwin to RESPONSE to 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 12/08/2008) 289 REQUEST for JUDICIAL NOTICE by David F. Jadwin in re 263 Motion for Summary Judgment. (Lee, Eugene) (Entered: 12/08/2008) 290 REQUEST for JUDICIAL NOTICE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in re 275 Opposition to Motion. (Wasser, Mark) (Entered: 12/08/2008) 291 REPLY/RESPONSE to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 275 Opposition to Motion. (Wasser, Mark) (Entered: 12/08/2008) 292 DECLARATION of Mark A. Wasser In Support of Defendants' Memorandum In Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. (Wasser, Mark) (Entered: 12/08/2008)

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12/26/2008

293 OPPOSITION by David F. Jadwin to 250 MOTION for JUDGMENT on the Pleadings. (Attachments: # 1 Declaration In Opposition to Defendants' Motion for Judgment on Pleadings)(Lee, Eugene) (Entered: 12/26/2008) 294 ***TEXT ONLY ENTRY*** CLERK'S NOTICE addressed to Attorney Lee in re Opposition to Motion for Judgment, document 293 : Counsel is reminded of Local Rule 5-133(f) which requires that when any document which has been electronically filed exceeds 25 pages, counsel must submit a courtesy copy to chambers which is properly tabbed and fastened. (Rooney, M) (Entered: 12/29/2008) 295 REPLY by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham to RESPONSE to 250 MOTION for JUDGMENT on the Pleadings. (Wasser, Mark) (Entered: 12/31/2008) 296 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to the length and complexity of the pending motions, it is necessary for the court to continue the motions hearing currently set for 1/12/2009 to 2/2/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 01/06/2009) 297 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to the length and complexity of the pending motions, it is necessary for the court to continue the motions hearing currently set for 2/2/2009 to 2/11/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Pretrial Conference currently set for 2/9/2009 has been continued to 2/23/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 01/26/2009) 298 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to a conflict with defense counsel's schedule, the Pretrial Conference currently set for 2/23/2009 has been advanced to 2/19/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 01/28/2009) 299 REQUEST for Extension of Time To File Joint Pretrial Statement by Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 01/30/2009) 300 Joint Request for Extension of Time to File Joint Pretrial Statement/ ORDER, signed by Judge Oliver W. Wanger on 02/02/2009. (Martin, S) (Entered: 02/03/2009) 301 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: HEARING re Motions for Summary Judgment held on 2/11/2009. The matters were argued and submitted. The Court to issue decision. The pretrial conference currently set for 2/19/2009 is vacated, to be reset upon the ruling on the motions. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Timken, A) (Entered: 02/11/2009) 302 ORDER of Recusal; Order Directing Reassignment signed by Magistrate Judge Theresa A. Goldner on 2/15/2009. (Leon-Guerrero, A) (Entered: 02/17/2009) 303 CLERK'S NOTICE (text only): This case has been assigned to U.S. Magistrate Judge Dennis L. Beck; the new case number is 1:07-cv-26 OWW-DLB. (Flores, E) (Entered: 02/24/2009) 304 ORDER re Cal. Health & Safety Code 1278.5 Claims signed by Judge Oliver W. Wanger on 3/2/2009. (Timken, A) (Entered: 03/02/2009)

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03/09/2009

305 MEMORANDUM by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. In Response to the Court's March 2, 2009 Order for Supplemental Briefing Re Plaintiff's Cal. Health & Safety Code Section 1278.5 Claims (Wasser, Mark) (Entered: 03/09/2009) 306 MEMORANDUM by David F. Jadwin in PURSUANT TO re 304 Order. Supplemental Brief re H&S 1278.5 in Opposition to Motion for Summary Judgment (Attachments: # 1 Declaration of Eugene Lee in Support)(Lee, Eugene) (Entered: 03/09/2009) 307 MINUTE ORDER: ***TEXT ONLY ENTRY*** A Scheduling Conference to revise the trial schedule has been set for 3/18/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 03/17/2009) 308 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC SCHEDULING CONFERENCE held on 3/18/2009. The 3/24/2009 trial is vacated. The revised trial schedule is as follows: Joint pretrial statement due by 4:00 PM 4/10/2009. Pretrial Conference set for 4/13/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 5/12/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Counsel to prepare order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 03/18/2009) 309 PROPOSED ORDER Revised Scheduling Order re 307 Status Conference, Set/Reset Deadlines and Trial Date by David F. Jadwin. (Lee, Eugene) (Entered: 03/19/2009) 310 MEMORANDUM, DECISION and ORDER re Defendants' Motion for Judgment on the Pleadings, signed by Judge Oliver W. Wanger on 4/3/09. (Gil-Garcia, A) (Entered: 04/03/2009) 311 Memorandum Decision and Order Re: Cross-motions For Summary Judgment Or, In the Alternative, Partial Summary Judgment, signed by Judge Oliver W. Wanger on 4/08/09. (Coffman, Lisa) (Entered: 04/08/2009) 312 MINUTE ORDER: ***TEXT ONLY ENTRY*** Pursuant to the request of counsel, the Pretrial Conference currently set for 4/13/2009 has been continued to 4/20/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The joint pretrial statement is due by 4:00 PM 4/17/2009. (Timken, A) (Entered: 04/08/2009) 313 REVISED SHEDULING ORDER, signed by Judge Oliver W. Wanger on 4/8/09. (Gil-Garcia, A) (Entered: 04/09/2009) 314 PLAINTIFF(S) PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee, Eugene) (Entered: 04/17/2009) 315 DEFENDANT(S) PRETRIAL STATEMENT by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Witness List)(Wasser, Mark) (Entered: 04/17/2009) 316 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: PRETRIAL CONFERENCE held on 4/20/2009. Proposed questionnaires, if any, due by 5/8/2008, to be reviewed at-the-time of the motions in limine hearing. The Court to issue order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. (Timken, A) (Entered: 04/21/2009)

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317 ORDER re Dispute Over Adjudicated Facts signed by Judge Oliver W. Wanger on 4/22/2009. (Timken, A) (Entered: 04/22/2009) 318 SUPPLEMENTAL PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee, Eugene) (Entered: 04/22/2009) 319 RULES OF COURTROOM DECORUM (Timken, A) (Entered: 04/23/2009) 320 SUPPLEMENT by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 315 Pretrial Statement - ATY, 314 Pretrial Statement - ATY, 318 Pretrial Statement - ATY. Joint Lists of Witnesses and Trial Exhibits (Wasser, Mark) (Entered: 04/23/2009) 321 ORDER re dispute over pretrial statements signed by Judge Oliver W. Wanger on 4/28/2009. (Timken, A) (Entered: 04/28/2009) 322 JOINT PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee, Eugene) (Entered: 04/29/2009) 323 MOTION IN LIMINE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 5/8/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Wasser, Mark) (Entered: 05/01/2009) 324 MOTION IN LIMINE 1-17 PLAINTIFF'S by David F. Jadwin. Motion Hearing set for 5/8/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lee, Eugene) (Entered: 05/01/2009) 325 TRIAL BRIEF by David F. Jadwin.(Lee, Eugene) (Entered: 05/04/2009) 326 TRIAL BRIEF by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark) (Entered: 05/04/2009) 327 PROPOSED VOIR DIRE by David F. Jadwin.(Lee, Eugene) (Entered: 05/05/2009) 328 FINAL PRETRIAL ORDER signed by Judge Oliver W. Wanger on 5/5/2009. (Lundstrom, T) (Entered: 05/06/2009) 329 OPPOSITION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham to 324 MOTION IN LIMINE 1-17 PLAINTIFF'S. (Wasser, Mark) (Entered: 05/06/2009) 330 OPPOSITION by David F. Jadwin to 323 MOTION IN LIMINE. (Attachments: # 1 Declaration of Eugene Lee in Support)(Lee, Eugene) (Entered: 05/06/2009) 331 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the Court is currently in trial that will be going into next week, the Jury Trial in this matter currently set to begin 5/12/2009 will be trailing this Courts current trial. This matter's jury trial is now expected to begin 5/14/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 05/07/2009) 332 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by David F. Jadwin: Deposition Transcripts / Responses to Written Discovery Lodge with court pursuant to L.R. 5-133. (Lee, Eugene) (Entered: 05/07/2009)

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05/07/2009

ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts/Responses to Written Discovery from Eugene Lee re 332 , Case number: 1:07-cv-00026OWW-DLB. Forwarded to OWW Chambers. (Gil-Garcia, A) (Entered: 05/07/2009) 333 NOTICE of APPEARANCE by Eugene David Lee on behalf of David F. Jadwin. (Lee, Eugene) (Entered: 05/08/2009) 334 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the trail currently before Judge Wanger is now expected to conclude 5/12/2009, the Jury Trial in the case will begin 5/13/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 05/08/2009) 335 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: HEARING re Motions in Limine held on 5/8/2009. Motions argued and submitted. Each party to prepare their own order. Plaintiff to notice defendant of any video deposition and tracking no less than 5 days prior to the witness being called. Per both party's request, the Jury Trial has been reset to 5/14/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Timken, A) (Entered: 05/08/2009) 336 WITNESS LIST by David F. Jadwin.(Lee, Eugene) (Entered: 05/08/2009) 337 NOTICE PLAINTIFF'S LIST OF DISCOVERY DOCUMENTS by David F. Jadwin. (Lee, Eugene) (Entered: 05/08/2009) 338 WITNESS LIST by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark) (Entered: 05/10/2009) 339 EXHIBIT LIST by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark) (Entered: 05/10/2009) 340 TRIAL EXHIBIT JOINT by David F. Jadwin.(Lee, Eugene) (Entered: 05/10/2009) 341 PROPOSED VOIR DIRE by David F. Jadwin.(Lee, Eugene) (Entered: 05/10/2009) 342 STATEMENT of Case - Plaintiff's Proposed Neutral Joint Statement by Plaintiff David F. Jadwin. (Lee, Eugene) (Entered: 05/10/2009) 343 PROPOSED VOIR DIRE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark) (Entered: 05/11/2009) 344 STATEMENT of Defendant's Proposed Agreed Statement by Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith. (Wasser, Mark) (Entered: 05/11/2009) 345 STATEMENT of Case - Plaintiff's Proposed Neutral Joint Statement *Corrected* by Plaintiff David F. Jadwin. (Lee, Eugene) (Entered: 05/11/2009) 346 PROPOSED ORDER on Defendant's Motions in Limine re 323 MOTION IN LIMINE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/11/2009)

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347 PROPOSED ORDER re 323 MOTION IN LIMINE. (Lee, Eugene) (Entered: 05/11/2009) 348 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Lee, Eugene) (Entered: 05/11/2009) 349 NOTICE of Witnesses to be Called and Associated Exhibits by David F. Jadwin. (Lee, Eugene) (Entered: 05/12/2009) 350 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/12/2009) 351 ORDER signed by Judge Judge Oliver W. Wanger on 5/12/2009 re 323 , 324 Motions in Limine. (Lundstrom, T) (Entered: 05/13/2009) 352 REQUEST for Accommodation by David F. Jadwin. (Herrington, Joan) (Entered: 05/13/2009) 353 PROPOSED ORDER Proposed Order on Plaintiff's Consolidated Motions in Limine. (Herrington, Joan) (Entered: 05/13/2009) 354 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL held on 5/14/2009. Trial issues discussed and resolved. Witness issues discussed and resolved. Jury selected and sworn. The Court pre-instructs the jury. Both parties gave opening statement. Jury Trial continued to 5/15/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/ECRO. (Timken, A) (Entered: 05/15/2009) 355 ORDER ON PLAINTIFF'S Consolidated Motions In Limine Nos. 1-18, Signed by Judge Oliver W. Wanger on 5/14/2009. (Arellano, S.) (Entered: 05/15/2009) 356 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 2 held on 5/15/2009. Albert McBride and Irwin Harris sworn & testified. Exhibits 184, 185, 182, 293, 187, 317, 191, 246, 225, 212, 254, 278 admitted. Jury Trial continued to 5/19/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 05/18/2009) 357 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/18/2009) 358 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/19/2009) 360 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 3 held on 5/19/2009. Evidence matter re video deposition argued. Dr. Harris continued testimony. Peter Bryan sworn and testified. Exhibits 336, 334, 245, 283, 115, 186, 232, 276, 277, 198, 209, 213, 235, 241, 244, 242, and 246 admitted. Jury Trial continued to 5/20/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 05/20/2009)

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05/20/2009 05/20/2009

359 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/20/2009) 361 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 4 held on 5/20/2009. Steve O'Connor sworn & testified. Peter Bryan resumed testimony. Renita Nunn sworn & testified. Exhibits 230, 251, 249, 250, 256, 260, 268, 267, 263, 145, 146, 149, 155 admitted. Jury Trial continued to 5/21/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/ECRO. (Timken, A) (Entered: 05/21/2009) 362 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 5 held on 5/21/2009. Eugene Kercher Antoinette Smith, Karen Barnes, Tai Yoo, Barbara Patrick, Raymond Watson sworn & testified. Exhibits 154, 162.11, 162.22, 162.41, 247, 166, 170, 237, 190, 208, 206, 217, 104, 120, 139, 204, 279 admitted. Jury Trial continued to 5/22/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 05/22/2009) 363 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 6 held on 5/22/2009. Karen Barnes continues testimony. Phillip Dutt and Dennis Arquette sworn & testified. Portions of the deposition of Jennifer Abraham read. Exhibits 280, 281, 282, 152, 315, 163.001 and 163.013 admitted. Jury Trial continued to 5/27/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/G. Thomas. (Timken, A) (Entered: 05/22/2009) 364 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/25/2009) 365 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/26/2009) 366 REQUEST for Accommodation by David F. Jadwin. (Herrington, Joan) (Entered: 05/26/2009) 367 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David F. Jadwin. (Lee, Eugene) (Entered: 05/27/2009) 368 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 7 held on 5/27/2009. Evidence matters discussed. Dennis Arquette continued testimony. David Culberson, Yolanda Figueroa, David Jadwin and Anthony Reading sworn and testified. Portions of the depositions of Javad Naderi, Tracy Lindsey, Arlene Ramos-Aninion, Maureen Martin read into the record. Exhibits 314, 324, 111, 265.003-265.010 (limited purpose), 101, 240, 175.001-175.002 admitted. Jury Trial continued to 5/28/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 05/28/2009) 370 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 8 held on 5/28/2009. Lawrence Weiss, Regina Levison, Stephanie

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Rizzardi, Penny Jadwin, Gian Yakoub and Paul Hensler sworn & testified. David Jadwin resumes testimony. Exhibits 176, 307, 160, 159.001, 159.006, 148, 143 redacted) admitted. Jury Trial continued to 5/29/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/ECRO. (Timken, A) (Entered: 05/29/2009) 05/29/2009 05/29/2009 369 REQUEST for Judicial Notice by David F. Jadwin. (Herrington, Joan) (Entered: 05/29/2009) 374 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 9 held on 5/29/2009. Alan Scott Ragland sworn & testified. Philip Dutt and Peter Bryan recalled. Exhibits 153.001, 153.019, 147, 540, 515, 575, 576, 577, 578, 579, 580, 581, 583, 589, 588, 595, and 587 (as 318) admitted. Jury Trial continued to 6/2/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/G. Thomas/ECRO. (Timken, A) (Entered: 06/01/2009) 371 WITNESS LIST by County of Kern.(Wasser, Mark) (Entered: 05/31/2009) 372 WITNESS LIST by County of Kern.(Wasser, Mark) (Entered: 05/31/2009) 373 WITNESS LIST by County of Kern.(Wasser, Mark) (Entered: 05/31/2009) 375 CLERK'S NOTICE to Joan Herrington re 369 Request: For future filings, when submitting a Request for Judicial Notice, please use the specific event Request for Judicial Notice which may be found in the Motion Related Documents Category. Do not use the generic Request event when a more specific event is available. (Hellings, J) (Entered: 06/01/2009) 376 MOTION IN LIMINE No. 19-25 by David F. Jadwin. Motion Hearing set for 6/2/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Herrington, Joan) (Entered: 06/02/2009) 377 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Herrington, Joan) (Entered: 06/02/2009) 378 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Herrington, Joan) (Entered: 06/02/2009) 379 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 10 held on 6/2/2009. Jennifer Abraham, Sandra Chester and Robert Burchuck sworn and testified. Renita Nunn and Karen Barnes recalled. Exhibits 219, 157.001 and 157.052 admitted. Jury Trial continued to 6/3/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 06/03/2009) 380 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 11 held on 6/3/2009. Karen Barnes resumes testimony. Thomas McAfee sworn and testified. David Jadwin recalled. Exhibits 335, 138, 509, 146.32, 512, 517, 156, 520, 519, 521, 523, 524, 531, 532, 527, 541, 545, 549, 546, 553, 555 admitted. Jury Trial continued to 6/4/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants

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Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 06/04/2009) 06/04/2009 381 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL day 12 held on 6/4/2009. Jury instruction conference held on the record. Corrections, modifications, objections, deletions, and additions put on the record. Exhibits 539, 569 and 403 admitted. Plaintiff puts on rebuttal case. Portions of the depositions of Philip Dutt read. David Jadwin recalled. Both parties rest. The jury was instructed. Both parties give closing arguments. The jury was excused for the evening to begin deliberations 6/5/2009 at 08:00 AM. Both parties stipulate to having the Court decide the issues relating to CFRA leave and equities and the Due Process claim. Exhibits 405, 406, 407, 409, 411-429, 432 and 379 admitted for the bench trial only. Counsel's rule 50 motions are set for 6/5/2009 at 09:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez/ECRO. (Timken, A) (Entered: 06/05/2009) 385 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY TRIAL completed on 6/5/2009. Plaintiff's and defendant's rule 50 motions argued and submitted. The Court gives oral ruling with findings of fact and conclusions of law. The Court instructs the parties to submit closing briefs with legal positions, proposed findings of fact and conclusions of law on the due process claim and FMLA/FEHA claims re the bench trial no later than 4:00 PM 6/19/2009, at which time the matter will be deemed submitted. Jury question discussed and resolved. The jury returns a verdict for the plaintiff. The jury was polled, thanked and excused. The Court orders partial judgment for the plaintiff to be entered. The parties stipulate to returning the exhibits to counsel upon conclusion of the bench trial. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 06/08/2009) 382 JURY NOTE as to Exhibits.(Hellings, J) (Entered: 06/08/2009) 383 JURY NOTE(Hellings, J) (Entered: 06/08/2009) 384 JURY VERDICT(Hellings, J) (Entered: 06/08/2009) 386 JURY INSTRUCTIONS (Timken, A) (Entered: 06/09/2009) 387 WITNESS and EXHIBIT LIST.(Timken, A) (Entered: 06/09/2009) 388 REQUEST for Clarification by David F. Jadwin. (Lee, Eugene) (Entered: 06/17/2009) 389 Partial JUDGMENT on verdicts of Jury Trial signed by Judge Oliver W. Wanger on 6/18/2009. (Kusamura, W) (Entered: 06/18/2009) 390 TRIAL BRIEF by David F. Jadwin.(Herrington, Joan) (Entered: 06/19/2009) 391 TRIAL BRIEF by County of Kern.(Wasser, Mark) (Entered: 06/19/2009) 392 BILL of COSTS SUBMITTED by David F. Jadwin. (Attachments: # 1 Declaration OF EUGENE LEE IN SUPPORT OF PLAINTIFF'S BILL OF COSTS, # 2 Exhibit A to Declaration of Eugene Lee, # 3 Exhibit Exhibit B of Declaration of Eugene Lee (Part 1), # 4 Exhibit Exhibit B of Declaration of Eugene Lee (Part 2), # 5 Declaration of David F. Jadwin, D.O., in support of Plaintiff's Bill of Costs)(Lee, Eugene) (Entered: 06/29/2009)

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06/30/2009

393 MINUTE ORDER: ***TEXT ONLY ENTRY*** NOTICE TO COUNSEL re Document 392 : Counsel are reminded of Local Rule 5-133(f) that when any document which has been electronically filed exceeds 25 pages, counsel must also submit a courtesy paper copy to chambers which is properly labeled, tabbed and fastened. (Timken, A) (Entered: 06/30/2009) 394 OBJECTIONS by Defendant County of Kern to 392 Bill of Costs Submitted,. (Wasser, Mark) (Entered: 07/14/2009) 395 REPLY/RESPONSE to Defendant's Objections to Plaintiff's Bill of Costs by David F. Jadwin re 394 Objections. (Lee, Eugene) (Entered: 07/23/2009) 396 ORDER GRANTING Plaintiff's 376 Motions in Limine 1-17 signed by Judge Oliver W. Wanger on 5/19/2009. (Sant Agata, S) (Entered: 07/29/2009)

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