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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: [email protected] Bernard C. Barmann, Sr. CA SB #060508 KERN COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: [email protected]

9 10 11

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

12

UNITED STATES DISTRICT COURT 13

EASTERN DISTRICT OF CALIFORNIA 14 15

DAVID F. JADWIN, D.O.

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

16 Plaintiff,

NOTICE OF LODGING

17 vs.

Date: August 6, 2008 Time: 9:30 a.m. Place: U.S. Banlauptcy Courthouse, Bakersfield Courtroom 8

18

COUNTY OF KERN, et aI., 19 Defendants. 20

Date Action Filed: January 6, 2007 Trial Date: December 2, 2008

21 22

TO PLAINTIFF AND HIS ATTORNEY OF RECORD:

23

Notice is hereby given that Defendants have lodged a copy of Plaintiff's First Set of

24 25

Requests for Admission with the Court. Dated: July 21, 2008

LAW OFFICES OF MARK A. WASSER

26 27 28

By:

lsi Mark A. Wasser Mark A. Wasser Attorney for Defendants, County of Kern, et al. -I·

NOTICE OF LODGING

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Eugene D. Lee SB# 236812 OFF1CE OF EUGENE LEE LAW OFFICE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: [email protected] Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE BAY 5032 Woodminster Lane Oakland, CA 94602-2614 Telephone: (510) 530-4078 Facsimile: (510) 530-4725 Email: [email protected] Of Counsel to LAW OFFICE OF EUGENE LEE Attorneys for PLAINTIFF DAVID F. JADWIN, D.O.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

13 14

DAVID F. JADWIN, D.O.,

15 16 17 18 19 19

Civil Action No. l:07-cv-00026-0WW-TAG

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE).

Plaintiff,

v.

Date Action Filed: Date Set for Trial:

COUNTY OF KERN; etal.

January 6, 2007 2, 2008 December 2,2008

Defendants.

11--------------------1

20

REQUESTING PARTY:

PLAINTIFF DAVID F. JADWIN, D.O., F.C.A.P. F.e.A.p.

RESPONDING PARTY:

DEFENDANT COUNTY OF KERN

SET NO.:

One

21

22 23 24

the Federal Rules of Civil Procedure, Plaintiff David F. Jadwin requests Pursuant to Rule 36 of oftbe 25 that you admit or deny to each of the following requests for admission under oath within thirty (30) days 26 of service hereof. To the extent defendants do not unqualifiedly admit any such statement, then as 27 required by Rule 36, defendants "shall Itshalt specifically specifically.... , . set forth in detail the reasons why [you] cannot

28 PLAINTIFFS ADMISSION PLAINTIFF'S REQUESTS FOR ADM ISS ION (SET ONE)

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truthfully admit or deny the matter."

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DEFINITIONS

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A.

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

5

ftrm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or any

6

other entity.

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B.

The term "PLAINTIFF" means plaintiff David F. Jadwin, D.O., F.C.A.P.

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C.

The term "DEFENDANT' means defendant County of Kern.

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D.

The term "KMC" means Kern Medical Center, a hospital owned and operated by

10

DEFENDANT.

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E.

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

12

DOCUMENTS RELATING TO an process improvement file; employee's credentials; medical staff file,

13

qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline,

14

separation or other employment action; as well as the "folder", "jacket" or other container of each such

15

file and any attachments thereto and all files maintained by PERSONS employed by YOU. F.

16

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

17

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

18

microscopic evidence and lab testing and used to render a diagnosis of a disease, including but not

19

limited to the DOCUMENTS RELATING TO the following associated items: original requisitions and

20

attached DOCUMENTS, HBO electronic documentation logs, peer reviewer comment sheets and

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attached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathology

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specimens, operative reports for pathology specimens, progress notes made by pathology, outside

23

pathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logs

24

from transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrow

25

reports.

26 27

28

G.

The term "CFRA" means the California Family Rights Act and the rules and regulations

promulgated thereunder. H.

The term "FMLA" means the Family & Medical Leave Act and the rules and regulations

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

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REQUEST FQR ADMISSIQN 2.

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Admit that PLAINTIFF was harmed by DEFENDANT's decision to place three letters of

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dissatisfaction in PLAINTIFF's medical stafffile on 10/17/05.

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REQUEST FQR ADMISSIQN 3. Admit that PLAINTIFF was harmed by DEFENDANT's decision to remove PLAINTIFF from

12

the position of chair ofthe department of pathology at KMC on 7110/06.

13

REQUEST FQR ADMISSION 4.

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Admit that PLAINTIFF was harmed by DEFENDANT's decision to reduce PLAINTIFF's base

15

salary on 10/3/06.

16

REQUEST FOR ADMISSION 5.

17

Admit that PLAINTIFF was harmed by DEFENDANT's decision to deny PLAINTIFF the right

18

to work on a part-time basis from 4/28/06 to 10/3106.

19

REOUEST FOR ADMISSION 6.

20

Admit that PLAINTIFF was harmed by DEFENDANT's decision to deny PLAINTIFF the right

21

to work at home occasionally from 4/28106 to 10/3/06.

22

REQUEST FOR ADMISSION 7.

23

Admit that PLAINTIFF was harmed by DEFENDANT's decision to place PLAINTIFF on

24

administrative leave from 1217/06 to 10/4/07.

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REQUEST FOR ADMISSION lL

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Admit that at all times from 10117/05 to 10/4/07, DEFENDANT acted or omitted to act through its officers and agents.

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Admit that PLAINTIFF was harmed by DEFENDANT's decision not to renew PLAINTIFF's

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employment contract with DEFENDANT in 2007.

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REQUEST FOR ADMISSION 2" 9. PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

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Admit Admit that DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's

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medical medical stafffile was a substantial factor in causing PLAINTIFF's harm.

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REOUEST REOUEST FOR ADMISSION 10.

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Admit that DEFENDANT's decision to remove PLAINTIFF from the position of chair of the

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department department of pathology at KMC was a substantial factor in causing PLAINTIFF's harm.

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REOUEST REOUEST FOR ADMISSION 11.

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Admit Admit that DEFENDANT's decision to reduce PLAINTIFF's base salary was a substantial

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factor factor in in causing PLAINTIFF's harm.

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REOUEST REOUEST FOR ADMISSION 12.

10 10

Admit Admit that DEFENDANT's decision to deny PLAINTIFF the right to work on a part-time basis

11 11

from from 4/28/06 4/28/06 to 10/3106 was a substantial factor in causing PLAINTIFF's harm.

12 12

REOUEST FOR ADMISSION 13. REOUEST

13 13

Admit that DEFENDANT's decision to deny PLAINTIFF the right to work at home occasionally Admit

14 14

from 4128/06 4128/06 to 10/3/06 was a substantial factor in causing PLAINTIFF's harm. from

15 15

REOUEST FOR ADMISSION 14. REOUEST

16 16

Admit that DEFENDANT's decision to place PLAINTIFF on administrative leave from 1217106 Admit

17 17

to 10/4/07 10/4/07 was a substantial factor in causing PLAINTIFF's harm. to

18 18

REOUEST FOR ADMISSION 15. REOUEST

19 19

Admit that DEFENDANT's decision not to renew PLAINTIFF's employment contract with

20 20

DEFENDANT in 2007 was a substantial factor in causing PLAINTIFF's harm. DEFENDANT

21 21

REOUEST FOR ADMISSION 16. REOUEST

22 22 23 23 24 24 25 25

Admit that PLAINTIFF exhausted all adequate administrative remedies for all of his claims. REOUEST FOR ADMISSION 17. REOUEST Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, PLAINTIFF Admit had aa recurrent recurrent major depressive disorder. had

26 26

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REOUEST FOR ADMISSION 18. REOUEST PLAINTIFF'S REQUESTS REQUESTS FOR FOR ADMISSION ADMISSION (SET (SET ONE) ONE) PLAINTIFF'S

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Admit that the California Department of Health Services is a government agency. REQUEST FQR ADMISSION 22. Admit that the Joint Commission on the Accreditation of Healthcare Organizations ("JCAHO")

Admit that the College of American Pathologists ("CAP") is an accreditation body. REQUEST FOR ADMISSION 24. Admit that PLAINTIFF was an employee of a health facility from 10/24/00 to 10/4/07. REQUEST FOR ADMISSION 25. Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC prior

18

REQUEST FOR ADMISSION 26. Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from

20

6120/05 to 10/17/05.

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REQUEST FOR ADMISSION 27. Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from

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12/29/05 to 4128/06.

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REQUEST FOR ADMISSION 28.

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Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from

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2/14/06 to 6/13/06.

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REQUEST FOR ADMISSION 29.

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Page 6 of 36

REQUEST FQR ADMISSION 21.

to 6/20/05.

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Admit that DEFENDANT is a government agency.

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is an accreditation body.

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3113106 to 7110106. 7/10106. 3113/06

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REQUEST FOR ADMISSION 30.

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1013/06. 6/5/06 to 10/3/06.

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31. REQUEST FOR ADMISSION R

10/3106 to 12/6/06. 1216/06. 10/3/06

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REQUEST FOR ADMISSION 32.

10/4107. 6/6107 to 10/4/07.

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REQUEST FOR ADMISSION 33.

about patient care at KMC in November of2006.

14

REQUEST FOR ADMISSION 34. Admit that PLAINTIFF presented to the College of American Pathologists complaints about

16

patient care at KMC in November of 2006.

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REQUEST FOR ADMISSION 35.

18

Admit that PLAINTIFF presented to the Joint Commission on the Accreditation of Healthcare

19

Organizations complaints about patient care at KMC in November of2006.

20

REQUEST FOR ADMISSIQN ADMISSION 36.

21

Admit that by bylO/17/05 10/17/0 5 Peter Bryan was aware that PLAINTIFF had previously presented

22

complaints about patient care at KMC to DEFENDANT.

23

REQUEST FOR ADMISSION 37.

24

Admit that by 10/17/05 Irwin Harris was aware that PLAINTIFF had previously presented

25

complaints about patient care at KMC to DEFENDANT.

26

REQUEST FOR ADMISSION 38.

27 28

Page 7 of 36

Admit that PLAINTIFF presented to the California Department of Health Services complaints

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Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from

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REQUEST FOR ADMISSION 39. Admit that byl0/17/05 by 10117/05 Jennifer Abraham was aware that PLAINTIFF had previously presented complaints about patient care at KMC to DEFENDANT.

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REQUEST FOR ADMISSION 40.

byl10/17/05 0/17/05 Eugene Kercher was aware that PLAINTIFF had previously presented Admit that by

5 complaints about patient care at KMC to DEFENDANT.

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41. REQUEST FORADMISSIQN FOR ADMISSION ±L

4128/06 Peter Bryan was aware that PLAINTIFF had previously presented Admit that by 4/28106 8 complaints about patient care at KMC to DEFENDANT.

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REQUEST FOR ADMISSIQN ADMISSION 42.

Admit that by 4/28/06 4128106 Steve O'Connor was aware that PLAINTIFF had previously presented

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FQR ADMISSION 43. REQUEST FOR Admit that by 4/28/06 Karen Barnes was aware that PLAINTIFF had previously presented

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REQUEST FOR ADMISSION 44. Admit that by 6/13/06 Peter Bryan was aware that PLAINTIFF had previously presented

17 complaints about patient care at KMC to DEFENDANT. 18 19

REQUEST FOR ADMISSIQN ADMISSION 45. Admit that by 7/10106 7/10/06 Peter Bryan was aware that PLAINTIFF had previously presented

20

complaints about patient care at KMC to DEFENDANT. 21

22

ADMISSIQN 46. REQUEST FOR ADMISSION Admit that by 7/10106 7/10/06 Scott Ragland was aware that PLAINTIFF had previously presented

23 complaints about patient care at KMC to DEFENDANT.

24 25

REQUEST FOR ADMISSION 47. 7/10/06 Jennifer Abraham was aware that PLAINTIFF had previously presented Admit that by 7/10106

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REQUEST FOR ADMISSION 48.

PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE)

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complaints about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION 49. REQUEST Admit that by 7/10106 Barbara Patrick was Was aware that PLAINTIFF had previously presented

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complaints about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION 50. REQUEST

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7/10106 Ray Watson was aware that PLAINTIFF had previously presented Admit that by 7/10/06

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complaints about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION LL. 51. REQUEST

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Admit that by 7/10106 7/10/06 Jose Perez was aware that PLAINTIFF had previously presented

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complaints about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION 52. REQUEST

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Admit that by 7/10/06 7/10106 David Hill was aware that PLAINTIFF had previously presented

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complaints about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION il. 53. REQUEST

16

7/10106 Eugene Kercher was aware that PLAINTIFF had previously presented Admit that by 7/10/06

17

complaints about patient care at KMC to DEFENDANT.

18

REQUEST REOUEST FOR ADMISSION 54.

19

Admit that by 10/3/06 Peter Bryan was aware that PLAINTIFF had previously presented

20

complaints about patient care at KMC to DEFENDANT.

21

REOUEST FOR ADMISSION 55. REQUEST

22

Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had presented complaints

23

about patient care at KMC to DEFENDANT.

24

REOUEST REQUEST FOR ADMISSION 56.

25

Admit that by 10/3106 10/3/06 Karen Barnes was aware that PLAINTIFF had presented complaints about

26

patient care at KMC to DEFENDANT.

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REOUEST REQUEST FOR ADMISSION 57.

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Page 9 of 36

Admit that by 7/10/06 7/10106 Toni Smith was aware that PLAINTIFF had previously presented

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Admit that by 10/3/06 Barbara Patrick was aware that PLAINTIFF had presented complaints PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE) PLAINTIFF'S

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about patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION 58. REQUEST

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patient care at KMC to DEFENDANT.

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REOUEST FOR ADMISSION 59. REQUEST

about patient care at KMC to DEFENDANT.

8

REOUEST FOR ADMISSION 60. REQUEST 12/6106 Irwin Harris was aware that PLAINTIFF had presented complaints about Admit that by 12/6/06

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patient care at KMC to DEFENDANT.

11

REQUEST REOUEST FOR ADMISSION §.l 61.

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Admit that by 12/6/06 Philip Dutt was aware that PLAINTIFF had presented complaints about

13

patient care at KMC to DEFENDANT.

14

REOUEST FOR ADMISSION 62. REQUEST

15

Admit that by 12/6/06 Karen Barnes was aware that PLAINTIFF had presented complaints about

16

patient care at KMC to DEFENDANT.

17

REOUEST REQUEST FOR ADMISSION 63.

18

Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints about

19

patient care at KMC to DEFENDANT.

20

REOUEST REQUEST FOR ADMISSION 64.

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Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints abou about

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care at KMC to DEFENDANT. patient Care

23

REOUEST REQUEST FOR ADMISSION 65.

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Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints about

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patient care at KMC to DEFENDANT.

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REQUEST REOUEST FOR ADMISSION 66.

27 28

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Admit that by 1216/06 12/6/06 David Culberson was aware that PLAINTIFF had presented complaints

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Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaints

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REOUEST FOR ADMISSION 67. REQUEST Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about

2 patient care at KMC to DEFENDANT. 3 4

REOUEST FOR ADMISSION 68. REQUEST

Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints about

5 patient care at KMC to the California Department of Health Services.

6

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REOUEST REQUEST FOR ADMISSION 69. 1014/07 Mark Nations was aware that PLAINTIFF had presented complaints about Admit that by 10/4/07

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patient care at KMC to the California Department of Health Services. 9

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REOUEST REQUEST FOR ADMISSION 70. comp laints about Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints

11 patient care at KMC to the California Department of Health Services.

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REOUEST FOR ADMISSION 11. 71. REQUEST

Admit that by 10/4/07 10/4107 Michael Rubio was aware that PLAINTIFF had presented complaints 14 about patient care at KMC to the California Department of Health Services.

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REOUEST FOR ADMISSION 72. REQUEST Admit that by 10/4/07 Ray Wason was aware that PLAINTIFF had presented complaints about

17 patient care at KMC to the California Department of Health Services. 18

19

REOUEST FOR ADMISSION 73. REQUEST Admit that by 10/4107 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints about

20 patient care at KMC to an accreditation body. 21

22

REOUEST REQUEST FOR ADMISSION 74. Admit that by 1014/07 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints about

23 patient care at KMC to an accreditation body. 24

25

REOUEST REQUEST FOR ADMISSION 75.

Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints about

26 patient care at KMC to an accreditation body. 27

28

REQUEST REOUEST FOR ADMISSION 76.

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

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REOUEST REQUEST FOR ADMISSION 77.

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Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about

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patient care at KMC to an accreditation body.

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REOUEST 78REQUEST FOR ADMISSION 78.

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Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

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DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical staff file on

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10/17/05.

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REOUEST REQUEST FOR ADMISSION 79.

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Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

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DEFENDANT's decision to convert PLAINTIFF's leave to full time leave on 4/28/06.

13

REQUEST FOR ADMISSION 80. REOUEST

14

Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

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DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair of the

16

department of pathology at KMC on 6/13/06.

17

REQUEST FOR ADMISSION R REOUEST 81.

18

Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

19

DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of

20

pathology at KMC on 7/10/06.

21

REOUEST REQUEST FOR ADMISSION 82.

22

Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

23

DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.

24

REOUEST REQUEST FOR ADMISSION 83.

25

Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in

26

DEFENDANT's decision to place PLAINTIFF on administrative leave on 1217/06. 1217106.

27

REOUEST FOR ADMISSION 84. REQUEST

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Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in PLAINTIFFS PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

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Page 13 of 36

1

DEFENDANT's decision not to renew PLAiNTIFF's PLAINTIFF's employment contract with DEFENDANT in

2

2007.

3 4 5

6 7

III. LC 1102.5 REQUEST FQR FOR ADMISSIQN ADMISSION ~ Admit that PLAINTIFF made reports of violations oflaw of law to DEFENDANT. REQUEST FOR ADMISSION 86. Admit that PLAINTIFF made reports of violations oflaw of law to the California Department of Health

8

Services.

9

REQUEST FOR ADMISSION 87.

10

Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations oflaw of law

11

to DEFENDANT.

12

REQUEST FOR ADMISSION 88.

13

Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations of law

14

to the California Department of Health Services.

15

REQUEST FQR ADMISSIQN 89. FOR ADMISSION

16

Admit that by 10117/05 Peter Bryan was aware that PLAINTIFF had made reports of violations

17

of law to DEFENDANT.

18

REQUEST FOR ADMISSION 90.

19

10/17105 Irwin Harris was aware that PLAINTIFF had made reports of violations Admit that by 10/17/05

20

oflaw of law to DEFENDANT.

21

REQUEST FOR FQR ADMISSION 2.L 91.

22

Admit that by 10/17105 10/17/05 Scott Ragland was aware that PLAINTIFF had made reports of

23

violations of law to DEFENDANT.

24

REQUEST FOR ADMISSIQN ADMISSION 92.

25

Admit that by 10/17/05 10117/05 Jennifer Abraham was aware that PLAINTIFF had made reports of

26

violations of law to DEFENDANT.

27

REQUEST FOR ADMISSIQN ADMISSION 93.

28

Admit that by 10/17/05 10117105 Eugene Kercher was aware that PLAINTIFF had made reports of PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

12

I I VII;

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

1I

violations of law to DEFENDANT.

2

REQUEST FOR ADMISSION 94.

3

law to DEFENDANT.

5

REQUEST FOR ADMISSION 95.

violations of law to DEFENDANT.

8

REQUEST FOR ADMISSION 96.

oflaw to DEFENDANT.

II 11

REQUEST FOR ADMISSION 97.

law to DEFENDANT.

14

REQUEST FOR ADMISSION 98.

law to DEFENDANT.

17

REQUEST FOR ADMISSION 99.

oflaw of law to DEFENDANT.

20

REQUEST FOR ADMISSION 100. 7/10/06 Jennifer Abraham was aware that PLAINTIFF had made reports of Admit that by 7/10106

22

oflaw violations of law to DEFENDANT.

23

REQUEST FOR ADMISSION 101.

24

Admit that by 7/10/06 Toni Smith was aware that PLAINTIFF had made reports of violations of

25

law to DEFENDANT.

26

REQUEST FOR ADMISSION 102.

27 28

Page 14 of 36

Admit that by 7/10/06 Scott Ragland was aware that PLAINTIFF had made reports of violations Admitthat

19

21

Filed 07/21/2008

~ y-

Admit that by 7/10/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of

16

18

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Admit that by 6/13/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of

13

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Admit that by 4/28/06 4128/06 Karen Barnes was aware that PLAINTIFF had made reports of violations

10

12

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4128/06 Steve O'Connor was aware that PLAINTIFF had made reports of Admit that by 4/28/06

7

9

Document 172

I ~

Admit that by 4/28/06 4128/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of

4

6

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Admit that by 7/10/06 Barbara Patrick was aware that PLAINTIFF had made reports of violations oflaw to DEFENDANT. PLAINTIFF'S REQUESTS FOR ADM ADMISSION ISS ION (SET ONE)

13

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FQR ADMISSION ADMISSIQN 103, 103. REQUEST FOR Admit that by 7/10106 or 7/10/06 Ray Watson was aware that PLAINTIFF had made reports of violations 01

law to DEFENDANT. 3

4 5

REQUEST FOR ADMISSIQN ADMISSION 104.

Admit that by 7/10/06 Jose Perez was aware that PLAINTIFF had made reports of violations of law to DEFENDANT.

6

7

REQUEST FOR ADMISSIQN ADMISSION 105.

Admit that by 7/10106 7/10/06 David Hill was aware that PLAINTIFF had made reports of violations of

8 law to DEFENDANT.

9 10

REQUEST FOR ADMISSION 106.

Admit that by 7/10106 7/10/06 Eugene Kercher was aware that PLAINTIFF had made reports of

II 11 violations oflaw to DEFENDANT. 12

13

REQUEST FOR ADMISSION 107. lOT

Admit that by 10/3/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of 14 law to DEFENDANT.

IS 15 16

REQUEST FOR ADMISSION 108. lOS. Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had made reports of

17 violations oflaw to DEFENDANT. 18

19

REQUEST FOR ADMISSION 109. 10/3/06 Karen Barnes was aware that PLAINTIFF had made reports of violations Admit that by 10/3106

20 oflaw to DEFENDANT. 21 22

REQUEST FOR ADMISSION 110.

Admit that by 10/3/06 Barbara Patrick was aware that PLAINTIFF had made reports of 23 violations oflaw to DEFENDANT.

24 25

26

REQUEST FQR REOUEST FOR ADMISSION ilL. lll. Admit that by 10/3/06 Ray Watson was aware that PLAINTIFF had made reports of violations of 0 law to DEFENDANT.

27 28

REQUEST FOR ADMISSION 112.

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

14

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violations oflaw ofIaw to DEFENDANT.

3

REQUEST FQR FOR ADMISSIQN ADMISSION 113.

law to DEFENDANT.

6

REQUEST FOR ADMISSION 114.

law to DEFENDANT.

9

REQUEST FOR ADMISSION 115.

oflaw to DEFENDANT.

12

REQUEST FORADMISSIQN FOR ADMISSION 116. Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had made reports of violations

14

oflaw to DEFENDANT.

15

II? REQUEST FOR ADMISSION 117.

16

Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had made reports of violations

17

of law to DEFENDANT.

18

REQUEST FOR ADMISSION 118.

19

Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had made reports of violations

20

oflaw to DEFENDANT.

21

REQUEST FOR FQR ADMISSION 119.

22

Admit that by 10/4107 10/4/07 Michael Rubio was aware that PLAINTIFF had made reports of violations

23

of law to DEFENDANT.

24

REQUEST FQR FOR ADMISSIQN ADMISSION 120.

25

Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had made reports of violations of OJ

26

law to DEFENDANT.

27

REQUEST FQRADMISSION FOR ADMISSION 121.

28

Page 16 of 36

Admit that by 12/6/06 Karen Bames Barnes was aware that PLAINTIFF had made reports of violations

1I 11

13

Filed 07/21/2008

Admit that by 12/6/06 Philip Dutt was aware that PLAINTIFF had made reports ofviolations of

8

10

Document 172

0 Admit that by 12/6/06 Irwin Harris was aware that PLAINTIFF had made reports of violations oj

5

7

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Admit that by 12/6/06 David Culberson was aware that PLAINTIFF had made reports of

2

4

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15

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of law to the California Department of Health Services.

2

REQUEST FOR ADMISSION 122.

3

of law to the California Department of Health Services.

5

REOUEST FOR ADMISSION 123. REQUEST

of law to the California Department of Health Services.

8

REQUEST FOR ADMISSION 124.

of law to the California Department of Health Services.

11

REQUEST REOUEST FOR ADMISSION 125.

Page 17 of 36

Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had made reports of violations 0oj

13

law to the California Department of Health Services.

14

REOUEST FOR ADMISSION 126. REQUEST

15

Filed 07/21/2008

Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had made reports of violations

10

12

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Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had made reports of violations

7

9

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Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had made reports of violations

4

6

r~

Admit that PLAINTIFF's reports of violations of law were a contributing factor in

16

DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical stafffile on

17

10/17/05.

18

REQUEST FOR ADMISSION 127. REOUEST

19

Admit that PLAINTIFF's reports of violations of law were a contributing factor in

20

DEFENDANT's decision to PLAINTIFF's leave to full-time full~time leave on 4/28/06.

21

REQUEST FOR ADMISSION 128.

22

Admit that PLAINTIFF's reports of violations of law were a contributing factor in

23

DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair ofthe

24

department of pathology at KMC on 6/13/06.

25

REOUEST REQUEST FOR ADMISSION 129.

26

Admit that PLAINTIFF's reports of violations of law were a contributing factor in

27

DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of

28

pathology at KMC on 7/10/06. PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

16

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REQUEST FOR ADMISSION 130.

Admit that PLAINTIFF's reports of violations of law were a contributing factor in

2

DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.

3 4

REQUEST FOR ADMISSION 131. Admit that PLAINTIFF's reports of violations of law were a contributing factor in

5 DEFENDANT's decision to place PLAINTIFF on administrative leave on 1216/06. 6

7

REQUEST FOR ADMISSION 132. facto~ in Admit that PLAINTIFF's reports of violations of law were a contributing factor

8 DEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in 9

2007. 10

IV. CFRA/FMLA 11 12

REQUEST FOR ADMISSION ADMISSIQN 133. Admit that DEFENDANT granted PLAINTIFF medical leave on a "REDUCED LEAVE

13 SCHEDULE" (as that tenn is defined in 29 C.F.R. § 825.203(a») 825.203(a» from 12/16105 12116105 to 4/28/06. 14

15

REQUEST FOR ADMISSION 134. Admit that as of 12/16/05, PLAINTIFF had more than 12 months of service with DEFENDANT.

16

17

REQUEST FOR ADMISSION ADM1SSION 135. 12/16/05, PLAINTIFF had worked more than 1,250 hours for DEFENDANT Admit that as of 12116105,

18 during the previous 12 months. 19

20

REQUEST FOR ADMISSION 136. Admit that as of 12/16/05, PLAINTIFF had taken no more than 12 weeks of medical leave in the

21 previous 12 months.

22 23

REQUEST FOR ADMISSION 137. 12/16/05, PLAINTIFF was eligible for medical leave under CFRA. Admit that as of 12/16105,

24 25

REQUEST FOR ADMISSION 138. FMLA. Admit that as of 12/16/05, PLAINTIFF was eligible for medical leave under FMLA

26 27

REQUEST FOR FQR ADMISSION 139. Admit that PLAINTIFF's recurrent major depressive disorder was a "SERIOUS HEALTH

28 PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

17

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tenn is defined in 29 C.F.R. § 825.114) from 12/16/05 CONDITION" (as that teoo 12/16105 to 9/11/06.

2

REQUEST FOR ADMISSION 140.

3

12/16105 to 4/28/06 for a SERIOUS HEALTH Admit that PLAINTIFF took medical leave from 12/16/05

4

CONDITION that made him unable to perform the functions of his job on a full-time basis.

5

REQUEST FOR ADMISSION 141.

6

Admit that PLAINTIFF provided reasonable notice to DEFENDANT of his need for the medical

7

leave which began on 12/16/05.

8

REQUEST FOR ADMISSION 142.

9

Admit that PLAINTIFF provided reasonable notice to DEFENDANT of his need for an

10

extension of the medical leave which began on 12/16/06.

II 11

REQUEST FOR ADMISSIQN ADMISSION 143.

12

Admit that PLAINTIFF timely provided certification of his SERIOUS HEALTH CONDITION

13

from a health-care provider in support of his need for the medical leave that began on 12/16/05.

14

REQUEST FORADMISSIQN FOR ADMISSION 144.

15

Admit that PLAINTIFF timely provided re-certification of his SERIOUS HEALTH

16

CONDITION from a health-care provider in support of his need for an extension of the medical leave

17

12/16/06. which began on 12/16106.

18

REQUEST FOR ADMISSION 145.

19

Admit that from 12/16/05 to 4/28/06, PLAINTIFF's medical need was best accommodated

20

through medical leave on a REDUCED LEAVE SCHEDULE.

21

REQUEST FOR ADMISSION 146.

22

Admit that from 4/28/06 to 9/11/06, 9111106, PLAINTIFF's medical need would best have been

23

accommodated through medical leave on a REDUCED LEAVE SCHEDULE.

24

REQUEST FOR ADMISSION 147.

25

4/28/06, DEFENDANT converted PLAINTIFF's medical leave on a REDUCED Admit that on 4128/06,

26

LEAVE SCHEDULE to full-time medical leave.

27

REQUEST FOR ADMISSIQN ADMISSION 148.

28

Admit that DEFENDANT interfered with PLAINTIFF's medical leave on 4/28/06. PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE)

18

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FQR ADMISSIQN REQUEST FOR ADMISSION 149. Admit that PLAINTIFF was harmed hanned by DEFENDANT's interference with PLAINTIFF's

2 medical leave on 4/28/06.

3

4

FQR ADMISSIQN REQUEST FOR ADMISSION 150. Admit that DEFENDANT's interference with PLAINTIFF's medical leave on 4/28/06 was a

5 substantial factor in causing PLAINTIFF's harm. 6

7

IS!. REQUEST FOR FQR ADMISSION 151. Admit that DEFENDANT used PLAINTIFF's taking of medical leave as a negati negative ve factor in

8 recommending removal of PLAINTIFF from the position of chair of the department of pathology at 9

KMC on 6/13/06.

10 11

REQUEST FOR FORADMISSIQN ADMISSION 152. Admit that DEFENDANT used PLAINTIFF's taking of medical leave as a negative factor in

12 removing PLAINTIFF from the position of chair of the department of pathology at KMC on 7/10/06. 13 14

FQR ADMISSIQN REQUEST FOR ADMISSION 153. Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT's

15

the department of decision to recommend removal of PLAINTIFF from the position of chair of ofthe 16

pathology at KMC on 6/13/06. 17

18

REQUEST FOR ADMISSION 154. Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT's

19 decision to remove PLAINTIFF from the position of chair ofthe of the department of pathology at KMC on 20 7/10106. 7/10/06.

21

22

REQUEST FOR FQR ADMISSION 155. Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT's

23 decision to reduce PLAINTIFF's base salary on 10/3/06. 24

25

REOUEST FOR ADMISSION 156 156. Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT's

26 decision to place PLAINTIFF on administrative leave on 12/7/06.

27 28

REQUEST FOR ADMISSION 157.

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) PLAINTIFFS

19

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talOng of medical leave was a motivating reason in DEFENDANT's Admit that PLAINTIFF's takillg decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.

3 4

LUJ'o"1\J

V.

DISABILITY DISCRIM

REQUEST FQR ADMISSIQN 158. Admit that from at least 10/17/05 to at least 10/4/07, that PLAINTIFF had a "MENTAL

6

DISABILITY" that limited a "MAJOR LIFE ACTIVITY" (as those terms are used in Cal. Gov't. Code §

7

I2926(i)).

8

REQUEST FOR ADMISSION 159.

9

Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, he was able

10

to perform the "ESSENTIAL FUNCTIQNS" of his job (as that term is defined in Cal. Gov't. Code §

II

12926(f)) when provided accommodation for his MENTAL DISABILITY.

12

REQUEST FOR ADMISSION 160.

13

Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY

14

from DEFENDANT in the form of temporary part-time work.

15

REQUEST FOR ADMISSION 161.

16

Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY

17

fonn of permission to work at home occasionally. from DEFENDANT in the form

18

REQUEST FOR ADMISSION 162.

19

Admit that from 119/06 to 4128/06, PLAINTIFF's temporary part-time work was a reasonable

20

accommodation for PLAINTIFF's MENTAL DISABILITY.

21

REQUEST FOR ADMISSION 163.

22

Admit that from 119/06 to 4128/06, permitting PLAINTIFF to work at home occasionally was a

23

reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.

24

REQUEST FOR ADMISSION 164.

25

Admit that from 4128/06 to 9/11106, PLAINTIFF's temporary part-time work would have been a

26

reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.

27

REQUEST FOR ADMISSION 165.

28

Admit that from 4128/06 to 9/11106, permitting PLAINTIFF to work at home occasionally would PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

20

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have been a reasonable accommodation for PLAINTIFF's MENTAL DISABILITY,

2

REQUEST FOR ADMISSION 166. 166,

3

Page 22 of 36

Admit that from 4128/06 4/28/06 to 9/11/06, DEFENDANT failed to provide accommodation for

4

PLAINTIFF's MENTAL DISABILITY in the form of temporary part-time work.

5

167, REQUEST FOR ADMISSION 167.

6

Admit that from 4/28/06 4128/06 to 9/11/06, 9111/06, DEFENDANT failed to provide accommodation for

7

PLAINTIFF's MENTAL DISABILITY in the form of permission to work at home occasionally.

8

REQUEST FOR ADMISSION 168.

9

Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in

10

the form 9111/06, fonn of temporary part-time work from 4/28/06 to 9/11/06.

11

REQUEST FOR ADMISSIQN ADMISSION 169, 169.

12

Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in

13

the fann form of permission to work at home occasionally from 4128/06 4/28/06 to 9/11/06.

14

170, REQUEST FQR FOR ADMISSIQN ADMISSION 170.

15

Admit that DEFENDANT's failure to provide accommodation in the form fonn oftemporary part-

16

4/28/06 to 9/11/06 was a substantial factor in causing PLAINTIFF's harm, time work from 4128/06 harm.

17

REQUEST FOR ADMISSION 171.

18

Admit that DEFENDANT's failure to provide accommodation in the form of permission to work

19

4128/06 to 9/11/06 9/11106 was a substantial factor in causing PLAINTIFF's harm, at home occasionally from 4/28/06 harm.

20

REQUEST FOR ADMISSION 172.

21

Admit that on 4128/06, DEFENDANT failed to engage in a "TIMELY, GOOD FAITH,

22

terms are used in Cal. Gov'\. INTERACTIVE PROCESS" (as those teffilS Gov't. Code § 12926(n)) with PLAINTIFF

23

DISABILITY, to determine how bow to continue to provide effective accommodation for his MENTAL DISABILITY.

24

REQUEST FOR ADMISSION 173.

25

Admit that PLAINTIFF was harmed by DEFENDANT's failure on 4/28/06, to engage in

26

TIMELY, GOOD GOQD FAITH, INTERACTIVE PROCESS with PLAINTIFF, TIMELY. PLAINTIFF.

27

REQUEST FOR ADMISSION 174.

28

Admit that DEFENDANT's failure on 4/28/06, 4128/06, to engage in TIMELY, GOOD FAITH, PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

21

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Page 23 of 36

1

INTERACTIVE PROCESS with PLAINTIFF was a substantial factor in causing PLAINTIFF's hann. harm.

2

REQUEST FOR ADMISSION 175.

3 4

5 6 7 8

9 10

11 12 13 14 15

16 16 17

18 18 19 20 21 22 23 24 25 26 27

28

Admit that DEFENDANT knew by 11/30103 11/30/03 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FQR FOR ADMISSIQN ADMISSION 176. Admit that DEFENDANT knew by 10117/05 10/17/05 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 177.

Admit that DEFENDANT knew by 4/28/06 that PLAINTIFF had a MENTAL DISABILITY. DISABILIlY. ADMISSIQN 178. REQUEST FOR ADMISSION Admit that DEFENDANT knew by 6/13/06 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 179. Admit that DEFENDANT knew by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY. Admitthat REQUEST FOR ADMISSION 180.

DISABILITY. Admit that DEFENDANT knew by 12/6/06 that PLAINTIFF had a MENTAL DISABILIlY. REQUEST FOR ADMISSIQN ADMISSION 181.

Admit that DEFENDANT knew by 10/4/07 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 182. Admit that DEFENDANT thought by 11/30/03 that PLAINTIFF had a MENTAL DISABILITY.

REQUEST FOR ADMISSION 183. Admit that DEFENDANT thought by 10/17/05 that PLAINTIFF had a MENTAL DISABILITY. DISABILITY

REQUEST FOR FQR ADMISSION 184. Admit that DEFENDANT thought by 6/13/06 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 185. Admit that DEFENDANT thought by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY.

REQUEST FOR ADMISSION 186. Admit that DEFENDANT thought by 12/6/06 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 187.

Admit that DEFENDANT thought by 10/4/07 that PLAINTIFF had a MENTAL DISABILITY. REQUEST FOR ADMISSION 188. PLAINTIFF'S REQUESTS FOR ADM ISS ION (SET ONE)

22

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Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

2

file on 10/17/05. decision to place three letters of dissatisfaction in PLAINTIFF's medical staff stafffile

3

REOUEST FOR ADMISSION 189. REQUEST

4

Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a

5S

motivating reason in DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's

6

medical staff file on 10/17/05.

7

REOUEST FOR ADMISSION 190. REQUEST

8

part-time work was a motivating reason in DEFENDANT's Admit that PLAINTIFF's temporary parHime

9

decision to conver! convert PLAINTIFF's leave to full-time leave on 4/28/06.

10

REOUEST REQUEST FOR ADMISSION 191.

II 11

Admit that PLAINTIFF's occasionally working at home was a motivating reason in

12

DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on 4/28106.

13

REOUEST REQUEST FOR ADMISSION 192.

14

Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

15

decision to convert PLAINTIFF's leave to full-time leave on 4/28/06.

16

REOUEST FOR ADMISSION 193. REQUEST

17

Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a

18

motivating reason in DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on

19

4/28/06.

20

REOUEST FOR ADMISSION 194. REQUEST

21

Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's

22

decision to remove PLAINTIFF from the position of chair ofthe department of pathology at KMC on

23

6/13/06.

24

REOUEST FOR ADMISSION 195. REQUEST

25

Admit that PLAINTIFF's occasionally working at home was a motivating reason in

26

DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of

27

pathology at KMC on 6/13/06.

28

REOUEST FOR ADMISSION 196. REQUEST PLAINTIFF'S REQUESTS FOR ADMISSION ADM ISSION (SET ONE)

23

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Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

2

decision to remove PLAINTIFF from the position of chair of the department of pathology at KMC on

3

6/13/06.

4

REQUEST FQR FOR ADMISSION 197.

5

Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITY was a

6

motivating reason in DEFENDANT's decision to remove PLAINTIFF from the position of chair of the

7

department of pathology at KMC on 6/13/06.

8

REQUEST FOR ADMISSION 198.

9

Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's

10

of the department of pathology at KMC on decision to remove PLAINTIFF from the position of chair ofthe

II 11

7/10/06.

12

REQUEST FOR ADMISSION 199.

13

Admit that PLAINTIFF's occasionally working at home was a motivating reason in

14

DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of

15

pathology at KMC on 7110/06. 7/10/06.

16

REQUEST FOR ADMISSION 200.

17

Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

18

decision to remove PLAINTIFF from the position of chair ofthe department of pathology at KMC on

19

7/10/06.

20

REQUEST FOR ADMISSION 201.

21

Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a

22

motivating reason in DEFENDANT's decision to remove PLAINTIFF from the position of chair of the

23

department of pathology at KMC on 7110/06. 7/10/06.

24

REQUEST FOR ADMISSION 202.

25

Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's

26

decision to reduce PLAINTIFF's base salary on 10/3/06. 10/3106.

27

REQUEST FOR ADMISSION 203.

28

Admitthat Admit that PLAINTIFF's occasionally working at home was a motivating reason in PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

24

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DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.

2

REQUEST FQR FOR ADMISSION 204.

3

Page 26 of 36

Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

4

decision to reduce PLAINTIFF's base salary on 10/3/06.

5

REQUEST FQR FOR ADMISSION 205.

6

Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a

7

motivating reason in DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.

8

REQUEST FOR ADMISSION 206.

9

Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's

10

decision to place PLAINTIFF on administrative leave on 12/7/06.

II 11

REQUEST FOR ADMISSION 207.

12

Admit that PLAINTIFF's occasionally working at home was a motivating reason in

13

DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.

14

REQUEST FOR ADMISSION 20S. 208.

15

Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's

16

decision to place PLAINTIFF on administrative leave on 12/7/06.

17

REQUEST FOR ADMISSION 209.

18

Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITY was a

19

motivating reason in DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.

20

REQUEST FQR FOR ADMISSION 210.

21

Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's

22

decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.

23

REQUEST FOR ADMISSION ADMISSIQN 211.

24

Admit that PLAINTIFF's occasionally working at home was a motivating reason in

25

DEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in

26

2007.

27

REQUEST FOR ADMISSION 212.

28

Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

25

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decision not to renew PLAlNTIFF's PLAINTIFF's employment contract with DEFENDANT in 2007.

2

REQUEST FQR FOR ADMISSION 213.

3

Admit that DEFENDANT's beliefthat belief that PLAINTIFF had a MENTAL DISABILITY was a

4

motivating reason in DEFENDANT's decision not to renew PLAlNTIFF's PLAINTIFF's employment contract with

5

DEFENDANT in 2007. VI. DUE PROCESS

6

7 8

REQUEST FOR ADMISSION 214. Admit that the Board of Supervisors for the County of Kern voted on 12/13/04 to approve the

9

Bylaws ofKMC as in effect between 6/13/06 and 10/4/07 1014/07 ("BYLAWS").

10

REQUEST FOR ADMISSION 215.

11

PRQCESS" (as that term is used in the 14th Admit that the BYLAWS did not provide for "DUE PROCESS"

12

Amendment to the U.S. Constitution) to PLAINTIFF for removal of PLAINTIFF from chairmanship of

13

the KMC Pathology department on 7/10/06.

14

REQUEST FOR ADMISSION 216.

15

PLAlNTIFF for reduction of Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF

16

PLAlNTIFF's PLAINTIFF's base salary on 10/3/06.

17

REQUEST FOR ADMISSION 217.

18

Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for placement of

19

PLAINTIFF on involuntary administrative leave on 12/7/06. 1217106.

20

REQUEST FOR FQR ADMISSION 218.

21

Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for nonrenewal of

22

PLAINTIFF's employment contract with DEFENDANT on 10/4107.

23

REQUEST FOR ADMISSION 219.

24

Admit that DEFENDANT relied on the BYLAWS in denying DUE PROCESS to PLAINTIFF

25

for removal of PLAINTIFF from chairmanship of the KMC Pathology department on 7/10/06.

26

REQUEST FOR ADMISSION 220.

27 28

Admit that DEFENDANT relied on the BYLAWS in denying PLAINTIFF DUE PROCESS for reduction of ofPLAINTlFF's PLAINTIFF's base salary on 10/3/06. PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

26

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REOUEST FOR ADMISSION 221. Admit that DEFENDANT relied on the BYLAWS in denying PLAlNTIFF DUE PROCESS for

2 placement of PLAINTIFF on involuntary administrative leave. 3 4

REOUEST FOR ADMISSION 222. Admit that DEFENDANT relied on the BYLAWS in denying PLAINTIFF DUE PROCESS for

5 nomenewal of PLAINTIFF's employment contract with DEFENDANT on 10/4/07. 6

7

REOUEST FOR ADMISSION 223. Admit that PLAINTIFF had a constitutionally protected property interest in his position a,

8

Chair of the Pathology Department at KMC. 9

10

REOUEST FOR ADMISSION 224. Admit that prior to 7/10/06 PLAINTIFF's constitutionally protected property interest in his

11

position as Chair ofthe Pathology Department at KMC was clearly established. 12 13

REOUEST FOR ADMISSION 225. Admit that prior to 7/10/06 there was a mutually explicit understanding between PLAINTIFF

14 and DEFENDANT that PLAINTIFF would not be removed from Chair of the Pathology Department

15 without cause. 16 17

REQUEST FOR ADMISSION 226. Admit that prior to 7/10/06 it was the policy and practice of DEFENDANT not to remove a core

18 physician from Chair of a KMC department without cause.

19 20

REQUEST FOR ADMISSION 227. Admit that DEFENDANT has not removed a core physician from Chair of a KMC department

21 without cause since 10/24/00. 22 23

REQUEST FOR ADMISSION 228. Admit that prior to 7/10/06, a portion of PLAINTIFF's base salary was tied to his position as

24 Chair of the Pathology Department. 25 26

REQUEST FOR ADMISSION 229. Admit that DEFENDANT deprived PLAINTIFF of his position as Chair of the Pathology

27 Department at KMC on 7/10/06. 28 PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE)

27

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REQUEST FOR ADMISSION 230. Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS prior to removing him 2 from his chairmanship of the KMC Pathology Department on 7/10/06. 3 4

5

REOUEST REQUEST FOR ADMISSION 231. Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS after removing him from his chairmanship of the KMC Pathology Department on 7/10/06.

6

7

REQUEST FOR ADMISSION 232. Admit that Peter Bryan was not an impartial adjudicator in connection with the KMC Joint

8

Conference Committee vote to remove PLAINTIFF from his chairmanship. chainnanship. 9

10

REQUEST FOR ADMISSION 233. Admit that Toni Smith was not an impartial adjudicator in connection with the KMC Joint

II 11 Conference Committee vote to remove PLAINTIFF from his chairmanship. 12 13

REQUEST FOR ADMISSION 234. Admit that Irwin Harris was not an impartial adjudicator in connection with the KMC Joint

14 Conference Committee vote to remove PLAINTIFF from his chairmanship. 15 16

REQUEST FOR ADMISSION 235. Admit that Scott Ragland was not an impartial adjudicator in connection with the KMC Joint

17 Conference Committee vote to remove PLAINTIFF from his chairmanship. 18 19

REQUEST FOR ADMISSION 236. Admit that Jennifer Abraham was not an impartial adjudicator in connection with the KMC Joint

20 Conference Committee vote to remove PLAINTIFF from his chairmanship. 21 22

REQUEST FOR ADMISSION 237. Admit that Eugene Kercher was not an impartial adjudicator in connection with the KMC Joint

23 Conference Committee vote to remove PLAINTIFF from his chairmanship. 24 25 26

REOUEST REQUEST FOR ADMISSION 238. Admit that DEFENDANT did not permit PLAINTIFF an opportunity to tell his side of the story to the KMC Joint Conference Committee in connection' connection with the decision to remove PLAINTIFF from

27 chairmanship. his chainnanship. 28 PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

28

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REQUEST FQR ADMISSIQN 239. Admit that PLAINTIFF's removal from chairmanship on 7/10/06 did not warrant immediate

2 action without prior DUE PROCESS. 3

4

REQUEST FOR ADMISSION 240. Admit that PLAINTIFF had a clearly established right to impartial adjudicators in connection

5 with his removal from chairmanship on 7/10/06. 6

7

REQUEST FOR ADMISSION 241.

Admit that prior to 10/3/06, PLAINTIFF had a constitutionally protected property interest 8

in his base salary of $287,529 pursuant to his employment contract dated 11/2/02. 9 10

REQUEST FOR ADMISSION 242. Admit that prior to 10/3/06, PLAINTIFF's constitutionally protected property interest in his in

11

his base salary of $287,529 pursuant to his employment contract dated 11/2/02, was clearly established. 12

13

REQUEST FOR ADMISSION 243. Admit that prior to 10/3/06, PLAINTIFF was entitled to a base salary of $287,529 per year

14 pursuant to his employment contract entered into with DEFENDANT as of 11/2/02. 15 16

REQUEST FOR ADMISSION 244. Admit that prior to 10/3/06, there was a mutually explicit understanding between PLAINTIFF

17 and DEFENDANT that DEFENDANT would not reduce PLAINTIFF's base salary without cause. 18 19

REQUEST FOR ADMISSION 245. Admit that Amendment No.1 to PLAINTIFF's employment contract entered into by and

20 between PLAINTIFF and DEFENDANT on 10/3/06 lacked consideration. 21 22

REQUEST FOR ADMISSION 246. Admit that PLAINTIFF's base salary was reduced by $100,842 on 10/3/06 due to PLAINTIFF's

23 change in status from department chairman to staff pathologist. 24 25

REOUEST FOR ADMISSION 247. Admit that DEFENDANT deprived PLAINTIFF of$100,842 of his base salary on 10/3/06.

26 27

REQUEST FOR ADMISSION 248.

Admit that PLAINTIFF had a constitutionally protected property interest in the 28 PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

29

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opportunity to earn professional fees at KMC pursuant to his employment contract dated 11/2/02.

2

REQUEST FOR ADMISSION 249.

3

Admit that PLAINTIFF's constitutionally protected property interest in the opportunity to earn

4

1112/02 was clearly established. professional fees at KMC pursuant to his employment contract dated 1112102

5

REQUEST FOR FQR ADMISSION 250.

6

Admit that prior to 12/7/07, PLAINTIFF was entitled to the opportunity to earn professional fees

7

11/2/02. at KMC pursuant to his employment contract dated 11/2102.

8

REQUEST FOR ADMISSION ADMISSIQN 251.

9

Admit that prior to 12/7/07, there was a mutually explicit understanding between PLAINTIFF

10

and DEFENDANT that DEFENDANT would not deny PLAINTIFF the opportunity to earn professional

II 11

fees at KMC without cause.

12

REQUEST FQR FOR ADMISSION 252.

13 14

15

Admit that DEFENDANT placed PLAINTIFF on administrative leave from 1217106 to 10/4J07. 10/4/07. REQUEST FOR ADMISSION 253. 10/4/07, PLAINTIFF was denied the Admit that while on administrative leave from 1217106 to 10/4107,

16

opportunity to earn professional fees at KMC.

17

REQUEST FOR ADMISSION 254.

18

Admit that DEFENDANT deprived PLAINTIFF of the opportunity to earn professional fees at

19

1217106 to 1014/07. 10/4/07. KMC from 12/7/06

20

REQUEST FOR ADMISSION 255.

21

Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS prior to placing

22

PLAINTIFF on administrative leave on 12/7/06.

23

REQUEST FOR ADMISSION 256.

24

Admit that DEFENDANT did not inform PLAINTIFF of the charges against him prior to placing placin!

25

PLAINTIFF on administrative leave on 1217/06. 1217106.

26

REQUEST FOR ADMISSION 257. 257,

27

28

Admit that DEFENDANT did not present PLAINTIFF with evidence against him prior to

placing PLAINTIFF on administrative leave on 1217/06. 12/7/06. PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

30

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REQUEST FOR FQR ADMISSION 258. Admit that DEFENDANT did not pennit PLAINTIFF an opportunity to tell his side of the story

2 to DEFENDANT prior to placing PLAINTIFF on administrative leave on 1217/06. 12/7/06.

3 4

REQUEST FOR ADMISSION 259. Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS after placing

5 1217/06. PLAINTIFF on administrative leave on 12/7/06.

6

7

REQUEST FOR ADMISSION 260. Admit that DEFENDANT did not inform PLAINTIFF of the charges against him after placing

8 1217/06. PLAINTIFF on administrative leave on 12/7/06. 9

10

REQUEST FOR ADMISSION 261. Admit that DEFENDANT did not present PLAINTIFF with evidence against him after placing

11 PLAINTIFF on administrative leave on 1217/06. 12/7/06. 12 13

REQUEST REOUEST FOR ADMISSION 262. of the story Admit that DEFENDANT did not pennit PLAINTIFF an opportunity to tell his side ofthe

14 to DEFENDANT after placing PLAINTIFF on administrative leave on 12/7/06.

15 16

REOUEST REQUEST FOR ADMISSION 263. Admit that Irwin Harris was not an impartial adjudicator in connection with the decision to place

17 PLAINTIFF on administrative leave on 12/7/06. 1217/06. 18 19

REQUEST FOR ADMISSION 264. Admit that Philip Dutt was not an impartial adjudicator in connection with the decision to place

20 PLAINTIFF on administrative leave on 1217/06. 12/7/06. 21 22

REOUEST FOR ADMISSION 265. REQUEST Admit that David Culberson was not an impartial adjudicator in connection with the decision to

23 place PLAINTIFF on administrative leave on 1217106. 24 25

REQUEST FOR ADMISSION 266. 12/7/06 did not warrant Admit that the decision to place PLAINTIFF on administrative leave on 1217/06

26 immediate action without prior DUE PROCESS. 27 28

REOUEST REQUEST FOR ADMISSION 267.

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

31

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Admit that PLAINTIFF had a clearly established right to impartial adjudicators in connection

2

with the decision to place PLAINTIFF on administrative leave on 1217/06.

3

REQUEST FOR ADMISSION 268. 26K REOUEST

4

Admit that PLAINTIFF had a clearly established right to DUE PROCESS in connection with the

5

decision to place PLAINTIFF on administrative leave on 1217/06.

6

REQUEST FOR ADMISSION 269.

7

Admit that PLAINTIFF had a constitutionally protected property interest int.erest in continued

8

employment by DEFENDANT after 10/4/07.

9

REOUEST REQUEST FOR ADMISSION 270.

10

Admit that prior to 10/4/07, PLAINTIFF's constitutionally protected property interest in

11

continued employment by DEFENDANT was clearly established.

12

REQUEST FOR ADMISSION 271.

13

Page 33 of 36

Admit that prior to 10/4/07, there was a mutually explicit understanding between PLAINTIFF

14

and DEFENDANT that PLAINTIFF's employment contract would be renewed in the absence of cause.

15

REQUEST FOR ADMISSION 272.

16

Admit that prior to 10/4/07, it was the policy and practice of DEFENDANT to renew the

17

employment contracts of core physicians at KMC absent cause.

18

REQUEST 273. REOUEST FOR ADMISSION 273

19

Admit that DEFENDANT extended the term of PLAINTIFF's employment with DEFENDANT

20

on 11/2/02.

21

REOUEST FOR ADMISSION 274. REQUEST

22

Admit that, with the exception of John Digges, DEFENDANT has renewed all core physician

23

employment contracts which were up for renewal since 10/24/00.

24

REQUEST REOUEST FOR ADMISSION 275.

25 26 27

28

Admit that on 10/4107, 10/4/07, DEFENDANT did not renew PLAINTIFF's employment contract. REOUEST FOR ADMISSION 276. REQUEST Admit that on 10/4/07, DEFENDANT deprived PLAINTIFF of continued employment with DEFENDANT. ADMISSION (SET ONE) PLAINTIFF'S REQUESTS FOR ADMiSSION

32

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REQUEST FOR ADMISSION 277. Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS in connection with the

2 non-renewal of his employment contract with DEFENDANT in 2007. 3 REQUEST FOR ADMISSIQN ADMISSION 278. 4

Admit that DEFENDANT did not infonn inform PLAINTIFF of the charges against him prior to failing

5 to renew his employment contract with DEFENDANT on 10/4/07.

6

7

REQUEST FOR FQR ADMISSIQN ADMISSION 279. Admit that DEFENDANT did not present PLAINTIFF with evidence against him prior to failing

8 to renew his employment contract with DEFENDANT on 10/4/07. 9

10

REQUEST FOR ADMISSION 280. pennit PLAINTIFF an opportunity to tell his side of the story Admit that DEFENDANT did not permit

11 to DEFENDANT prior to failing to renew his employment contract with DEFENDANT on 10/4/07. 12

13

REQUEST FOR ADMISSION ADMISSIQN 281. Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS after failing to renew

14 his employment contract with DEFENDANT on 10/4/07.

15

16

REQUEST FOR ADMISSION 282. Admit that DEFENDANT did not infonn inform PLAINTIFF of the charges against him after failing to

17 renew his employment contract with DEFENDANT on 10/4/07. 18 19

REQUEST FOR ADMISSION 283. Admit that DEFENDANT did not present PLAINTIFF with evidence against him after failing to

20 renew his employment contract with DEFENDANT on 10/4/07. 21

22

REQUEST FOR ADMISSION 284. Admit that DEFENDANT did not permit PLAINTIFF an opportunity to tell his side of the story

23 to DEFENDANT after failing to renew his employment contract with DEFENDANT on 10/4/07. 24 25

REQUEST FOR ADMISSION 285. REOUEST Admit that PLAINTIFF had a clearly established right to DUE PROCESS PRQCESS in connection with the

26 nonrenewal of his employment contract with DEFENDANT on 10/4/07. 27 28 PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE)

33

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VII. CHRONOLOGY

1

2

Document 172

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REQUEST FOR ADMISSION 286.

Admit that Irwin Harris, Scott Ragland, Jennifer Abraham and Eugene Kercher decided to place

4

three letters of dissatisfaction in PLAINTIFF's medical staff file on October 17, 2005.

5

REQUEST FOR ADMISSION 287 287.

6

Admit that Peter Bryan decided to recommend removal of PLAINTIFF from chair of the KMC

7

Pathology department on June 13,2006.

8

REQUEST FOR ADMISSION 288.

9

Admit that the KMC Joint Conference Committee decided to remove PLAINTIFF from chair of

10

the KMC Pathology department on July 10,2006.

II 11

REQUEST FOR ADMISSION 289.

12

Admit that the Kern County Board of Supervisors decided to reduce PLAINTIFF's base salary

13

on October 3,2006.

14

REQUEST FOR ADMISSION 290.

15 16

Admit that DEFENDANT decided not to renew PLAINTIFF's employment contract with DEFENDANT on April 27, 2007.

17

18 19

Date: July 8, 2008

20

21

22 23 24 25

blgene D. Lee Ugene OFFlCEOF LAW OFFICE OF EUGENE LEE

555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: [email protected] Attorneys for PLAINTIFF DAVID F. JADWIN, D.O.

26 27 28 PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE)

34

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CERTIFICATE OF SERVICE I, the lUldersigned, undersigned, hereby declare: California I am over the age of 18 and not a party I am a resident of Los Angeles in the State of California. to the action described herein. I am employed in the County of Los Angeles, California. My business address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA 90013. On the date of execution ofthis DOCUMENT, I served the following:

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) on the following parties in this action by and through their attorneys addressed as follows: Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Fax: (916) 444-6405 444·6405 Attorneys for DEFENDANTs County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

~ BY UNITED STATES MAIL: I enclosed the DOCUMENT(s) listed above in a sealed envelope with postage thereon fully prepaid, addressed to the PERSON(s) listed above, and deposited the sealed envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ~ [2j BY FACSIMILE: I transmitted via facsimile the DOCUMENT(s) listed above to the fax number(s) set forth above on this date before or around 5:00 p.m. The outgoing facsimile machine telephone number in this office is (213) 596-0487. 596·0487. The facsimile service used in this office creates a the transmission report(s) for the transmission report for each outgoing facsimile transmitted. A copy of ofthe service of this DOCUMENT, properly issued by the facsimile service that transmitted this DOCUMEN and showing that such transmission was (transmissions were) completed without error, is attached hereto.

~ FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I took said actions at the direction of a licensed attorney authorized to practice before this Federal Court.

Executed on July 8, 2008, at Los Angeles, California.

23

24

25 26

27 28

CERTIFICATE OF SERVICE

1