178-2 P Mtc Depos - Dec

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

Document 178-2

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Eugene D. Lee SB#: 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: [email protected]

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Attorneys for Plaintiff DAVID F. JADWIN, D.O.

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Filed 07/31/2008

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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Case No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

COUNTY OF KERN, et al., 12 Defendants. 13

Date: August 5, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA

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Date Action Filed: Discovery Cut-off: Date Set for Trial:

January 6, 2007 August 18, 2008 December 2, 2008

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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

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Document 178-2

Filed 07/31/2008

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Plaintiff submits this Declaration of Eugene D. Lee pursuant to Local Rule 37-251(d) in lieu of a joint statement re discovery disagreement.

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I, Eugene D. Lee, declare as follows:

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1.

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

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California and admitted to practice before the United States District Court for the Eastern District of

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California. I am the attorney representing Plaintiff David F. Jadwin in this matter.

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2.

I am making this declaration in support of Plaintiff David F. Jadwin, D.O.’s Motion to

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Compel Depositions & Request for Sanctions. The facts stated herein are personally known to me and if

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called as a witness, I could and would competently testify to the truth of the facts set forth in this

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declaration.

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3.

I spent 10.7 hours thus far in connection with this motion and the underlying dispute, as

follows:

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Date

Task

Billed Time (hrs)

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6/30/08

Email to Mr. Wasser re depo scheduling.

0.5

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7/1/08

Email to Mr. Wasser re depo scheduling.

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7/2/08

Read fax from Mr. Wasser re deposition abuse. 0.5

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Email to Mr. Wasser re deposition abuse. 7/3/08

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and alleged depo abuse. 7/3/08

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Emails to/from Mr. Wasser re depo scheduling

Finalize and serve deposition notices on Mr.

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Wasser. 7/10/08

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Read fax from Mr. Wasser re depos, Rog3,

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RFA1.

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7/11/08

Email to Mr. Wasser re MPO and depositions.

0.5

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7/11/08

Read fax from Mr. Wasser re moton for

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protective order. 7/13/08

Read fax from Mr. Wasser re moton for

0.2

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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

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Document 178-2

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protective order. 7/13/08

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Draft ex parte application to shorten time and

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motion to compel depositions.

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4.

I live in Los Angeles, CA and anticipate spending an additional 3 hours driving to and

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from Bakersfield, CA (distance of 97.9 miles per www.maps.google.com), and an additional estimated 1

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hour preparing for and attending the hearing before this Court.

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5.

My regular rate for legal services is $400 per hour. I have charged, and been paid by,

Plaintiff David F. Jadwin $400 per hour in this action. 6.

Plaintiff seeks sanctions totaling $5,880 in compensation for the 10.7 hours charged

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($4,280), and 4 hours anticipated to be charged ($1,600), in connection with this motion and underlying

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dispute.

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7.

My rate is reasonable and consistent with those charged in the Los Angeles area by

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attorneys of similar skill and experience. I received my B.A. with honors from Harvard University in

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1991 and my J.D. with honors from the University of Michigan Law School in 1995. I was admitted to

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the New York State Bar in 1996 and worked as an associate in the New York office of Shearman &

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Sterling from 1995 to 1996. I worked as an associate in the New York office of Sullivan & Cromwell

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from 1996 to 1997. After a brief leave of absence from practicing law from 1997 to 1999, I returned to

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active practice as the General Counsel of Tcom America, Inc., a technology venture in Silicon Valley

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from 1999 to 2002. From 2002 to 2004, I worked as a senior associate for Kim & Chang, a law firm

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located in Seoul, Korea. In 2005, I was admitted to the California Bar. I have been the principal of Law

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Office of Eugene Lee since 2005.

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8.

I attempted several times to secure local counsel to prosecute Plaintiff’s suit but was

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ultimately unsuccessful. On September 18, 2006, I sent an email to over 600 members of the California

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Employment Lawyers Association seeking co-counsel. No attorneys from Fresno responded. On

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February 28, 2007, I called Andrew Jones, Esq. in Fresno, CA, requesting his involvement as local

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counsel in this action. Mr. Jones declined.

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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

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I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct.

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/s/ Eugene D. Lee

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EUGENE D. LEE Declarant

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DECLARATION OF EUGENE D. LEE IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS

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