227 P Mtc Docs Rpd1-3 - P Jt Stmt

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

Document 227

4

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]

5

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

1 2 3

Filed 09/23/2008

Page 1 of 19

6 7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9

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

10 v. 11

COUNTY OF KERN, et al., 12 Defendants.

Civil Action No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION

13 Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA

14 15

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

16 17 18 19

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

20

I, Eugene D. Lee, declare as follows:

21

1.

22 23

I am counsel of record for Plaintiff. I have personal knowledge of the matters set forth

below and I could and would competently testify thereto if called as a witness in this matter. 2.

Pursuant to Local Rule 37-251, I attempted to secure the cooperation of Defendants’

24

counsel, Mark Wasser, to prepare and execute a joint statement re discovery disagreement. On

25

September 23, 2008, I faxed Mr. Wasser a draft version of the Joint Statement re: Discovery

26

Disagreement, requesting his input. I explained that the draft was a work in progress and remained

27

subject to change.

28

3.

Attached hereto as Attachment A is a true and correct copy of the draft Joint Statement

DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 1

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

1 2 3

Document 227

Filed 09/23/2008

Page 2 of 19

which I served. 4.

To date, I have not received any response from Mr. Wasser regarding the draft Joint

Statement.

4 5 6

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.

7 8 Executed on: September 23, 2008 9 10 11

/s/ Eugene D. Lee

12

EUGENE D. LEE Declarant

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

ATTACHMENT A

28 DECLARATION OF EUGENE D. LEE re: INABILITY TO SECURE COOPERATION OF DEFENDANTS’ COUNSEL TO PREPARE AND EXECUTE JOINT STATEMENT re: MOTION TO COMPEL PRODUCTION 3

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

Document 227

4

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]

5

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

6

Mark A. Wasser CA SB #06160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 Email: [email protected]

1 2 3

7 8 9 10 11 12 13

Filed 09/23/2008

Page 4 of 19

Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 Email: [email protected]

14 15

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

16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18

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

19 v. 20

Civil Action No. 1:07-cv-00026 OWW TAG JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: MOTION TO COMPEL PRODUCTION

COUNTY OF KERN, et al., 21 Defendants. 22

Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA

23 24

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

25 26 27 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 1

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1

This joint statement re: discovery disagreement is submitted pursuant to Local Rule 37-251(a) in

2

advance of the September 26, 2008 hearing on Plaintiff’s motion to compel responses to interrogatories

3

and for sanctions.

4 I.

DETAILS OF THE PARTIES’ DISCOVERY CONFERENCES

5 6

On October 11, 2007, Plaintiff served Requests for Production, Set One (“RPD1”) on Defendant

7

County of Kern. On July 18, 2008, Plaintiff served Requests for Production, Set Three (“RPD3”) on

8

Defendant County of Kern. On January 18, 2008, Defendants served a privilege log on Plaintiff. On

9

January 25, they served a supplemented privilege log on Plaintiff. Defendants have produced documents

10

responsive to the requests in general in multiple installments. However, to date, Defendants have failed

11

to produce documents which they stated they would produce in response to the specific requests detailed

12

below. Moreover, Defendants have withheld documents as indicated in their privilege logs which they

13

should have produced but, to date, have not.

14

The parties met and conferred extensively in person and in writing on the Requests which are at

15

issue in this motion. Defendant initially agreed to produce the documents at various times but ultimately

16

failed to do so. Plaintiff was left no choice but to bring a motion to compel.

17 II.

A STATEMENT OF THE NATURE OF THE CASE AND FACTUAL DISPUTES

18 19

Plaintiff David F. Jadwin, D.O., F.C.A.P., former Chair of Pathology at Kern Medical Center

20

(“KMC”) and senior pathologist from October 24, 2000 to October 4, 2007, filed a Complaint with this

21

Court on January 6, 2007. Plaintiff contends that various defendants retaliated against and defamed him

22

for reporting his concerns about patient care quality issues and regulatory violations at KMC. As a

23

result, Plaintiff was forced to take medical and recuperative leave for disabling chronic clinical

24

depression in early 2006. While Plaintiff was on leave, Defendants demoted him in June 2006 to a staff

25

pathologist for “unavailability” and refused to reinstate him upon his return to work on October 4, 2006.

26

On December 7, 2006, he was placed on involuntary administrative leave and restricted to his home

27

during working hours until May 1, 2007. Around May 1, 2007, Defendant informed Plaintiff of its

28

decision to either “buy out” the remaining term of his contract (due to expire on October 4, 2007) or JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 2

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1

simply let the contract “run out”. On October 4, 2007, Defendants did not renew Plaintiff’s employment

2

contract.

3

Plaintiff’s Complaint alleges whistleblower retaliation, disability discrimination, medical leave

4

interference and retaliation, defamation and deprivation of compensation and professional fees without

5

procedural due process.

6

Defendants contend that the dispute arose out of Plaintiff’s tenure as a pathologist at Kern

7

Medical Center. Plaintiff’s relationship with other members of the medical staff deteriorated to the point

8

of intimidation, hostility and antagonism. Defendants contend, to the extent that any hostile work

9

environment existed, it was caused by Plaintiff.

10 III.

THE CONTENTION OF EACH PARTY AS TO EACH CONTESTED ISSUE

12

A.

PRIVILEGE LOG

13

Defendants’ privilege log indicates that the following documents were withheld.

11

14 15 16

BATES BATES BEG END 9336

9337

10925

10926

14793

15315

16683

16894

DATE

TO

FROM

CC

2003

Disciplinary Actions and Involuntary Terminations

17 18 19 20 21 22 23

3/3/2003 Peter H. Parra Barbara Patrick 9/06 – 12/06

24 25 26 27

Nov-02

DOCUMENT REASON FOR TYPE WITHOLDING/ REDACTING

Peter K. Bryan

Marvin Kolb

Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Memorandum Privileged re Personnel Confidential Item – Adam Personnel, Evid. Lang, M.D. Code 1040 Surgical Confidential Pathology Medical Reports Records (HIPAA) Performance Evaluations – Pathology Department

Peer Review, Evid Code 1157

28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 3

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

1

16897

16900

7/25/2006 David Hill Gilbert Martinez Irwin Harris Philip Dutt

16902

16905

7/20/2006

15934

15934

15935

15935

2 3 4

Document 227

Filed 09/23/2008

5 6 7 8 9 10 11 12

1/6/2003 Medical Peter Executive Bryan Committee

6/10/2003 Medicine Maureen Navin Search Martin Amin Committee Marvin Peter Kolb Bryan    Eugene Kercher

13 14 15 16 17 18 19

15936

15936

Pete Parra

1/6/2003 Eugene Kercher Marvin Kolb Maureen Martin Tai Yoo

  

Saman Ratnayaki

  

Tai Yoo

Navin Amin Peter Bryan

Page 7 of 19

Email relating to Change of Laboratory Director Laboratory Personnel Report re Gilbert Martinez Memorandum

Peer Review, Evid Code 1157

Peer Review, Evid Code 1157

Confidential Personnel Evid. Code 1040

Memorandum Confidential Personnel Evid. Code 1040

Memorandum Confidential Personnel Evid. Code 1040

     

20 PLAINTIFF’S POSITION 21 These documents should have been produced long ago. 22 Regarding peer review privilege, this Court has already ruled that there is no peer review 23

privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

24 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 25 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 26 Defendants’ privacy objections do not comply with the Stipulation & Order re Privacy (Doc. 27 137). Doc. 137 states in pertinent part: 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 4

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4

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response.

5

As for the HIPAA concern stated with respect to surgical pathology reports, that is baseless.

6

Defendants have had no difficulty producing hundreds of pages of surgical pathology reports in this

7

action with patient identifying information redacted.

1 2 3

8 9

Plaintiff requests an in camera review by the Court of the above withheld documents to determine whether Defendants’ asserted grounds for withholding them have merit.

10

DEFENDANT’S POSITION

11

[INSERT HERE]

12 B.

REQUEST FOR PRODUCTION NO. 65

13 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s 14 Pathology Department from January 1, 1999 to the present, including but not limited to corresponding 15 Kern Medical Center pathology reports and reports from outside consultants. 16 RESPONSE TO REQUEST NO. 65 17 Defendants will produce all documents responsive to this request on March 11, 2008. 18 PLAINTIFF’S POSITION 19 The vast majority of documents requested have not been produced and should have been 20 produced long ago. There should be about 800 or more cases, probably 5 boxes full. These are located in 21 files in the pathology office, and some in pathology storage. These are logs of cases that were sent out to 22 outside facilities, both slides and KMC reports. Most will have a report from the outside facility when 23 the slides were returned to KMC after review. 24 DEFENDANT’S POSITION 25 [INSERT HERE] 26 27

C.

28

Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs – by

REQUEST FOR PRODUCTION NO. 66

JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 5

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

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1

pathologist – for pathology reports processed at Kern Medical Center, including but not limited to

2

Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1,

3

1999 to the present.

4

RESPONSE TO REQUEST NO. 66

5

Defendants previously produced documents responsive to this request for years 2001 to 2005.

6

Those documents are bates numbered 0014575 – 0014595. Defendants are continuing to search for

7

documents for years 1999, 2000 and 2006 but have not been able to find them yet.

8

PLAINTIFF’S POSITION

9

Bates numbers 0014575 – 0014595 are Pathology Department Semi-Annual Reports authored by

10

Plaintiff. They do NOT include the information requested, nor have semi-annual reports authored by

11

pathologists OTHER THAN Plaintiff been produced. The vast majority of documents requested have

12

not been produced and should have been produced long ago.

13

The TAT reports should be printed by pathologist for monthly (or quarterly) periods using the

14

HBO reporting system. Ms. Kathy Griffith should know how to generate these reports. Reports should

15

be generated for all pathologists including Drs. Freedman, Ang, Lang, Liu, Jadwin, Dutt, Shertudke, and

16

Yakhoub. Reports can be generated for Surgical Cases (S99- through S08-), Fine Needle Aspiration

17

(F01- through F08-), Non-Gynecologic Cytology (N01- through N08-) and Bone Marrows (B01-

18

through B08-).

19

DEFENDANT’S POSITION

20

[INSERT HERE]

21 D.

REQUEST FOR PRODUCTION NO. 67

22 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports 23 and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology reports 24 processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone 25 marrow reports, for the time period from January 1, 1999 to the present. 26 RESPONSE TO REQUEST NO. 67 27 Defendants will produce all documents responsive to this request on March 11, 2008. 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 6

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

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1

PLAINTIFF’S POSITION

2

Defendants have produced such documents, but only for a subset of pathology reports and for

3

only a restricted time period. The vast majority of documents requested have not been produced and

4

should have been produced long ago.

5

DEFENDANT’S POSITION

6

[INSERT HERE]

7 E.

REQUEST FOR PRODUCTION NO. 70

8 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical 9 Center’s Pathology Department during the time period from January 1, 1995 to the present, including 10 but not limited to computer-generated data, monthly peer review records completed by pathologists, and 11 peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. 12 RESPONSE TO REQUEST NO. 70 13 Defendants previously produced documents responsive to this request for 2006. The documents 14 are bates numbered 0014504 - 0014569. Defendants are continuing to search for documents for the other 15 years requested but have not found them yet. 16 PLAINTIFF’S POSITION 17 Bates numbers 0014504 – 0014569 are just peer review logs, a miniscule subset of the 18 documents requested. The vast majority of documents requested have not been produced and should 19 have been produced long ago. 20 The request includes peer review data contained in the peer review Access File maintained by 21 the department secretary (Tracy Lindsey). This should be printed out by year for each and every 22 pathologist in the system (anyone that worked from 2001 onwards). This report should print out case 23 numbers with an associated original pathologist, reviewing pathologist and review code (letter-number): 24 A-C and 0 or 1. This data should be provided in paper and electronic formats. 25 The request also includes corresponding peer review logs that are filled out each month by each 26 and every pathologist. These are also maintained in the pathology office. 27 The request also includes all corresponding peer review sheets containing comments related to 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 7

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1

review that are filled out by hand by the reviewing pathologist. There should be a review sheet for any

2

consultation (A) and any case scored (“1”). There are about 20 four inch binders in the pathology

3

department containing these sheets completed by the reviewer. Some may be in pathology storage

4

behind the hospital.

5

DEFENDANT’S POSITION

6

[INSERT HERE]

7 F.

REQUEST FOR PRODUCTION NO. 71

8 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology 9 on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. 10 RESPONSE TO REQUEST NO. 71 11 Defendants will produce all documents responsive to this request on March 11, 2008. 12 PLAINTIFF’S POSITION 13 Only a tiny subset of the documents covered by this request has been produced. The vast 14 majority of documents requested have not been produced and should have been produced long ago. 15 There should be exceptional event sheets filled out by pathologist and the histology section each 16 month from 2001 to present. Typically there are 5 to 10 sheets generated each month. They are 17 maintained in the pathology office and/or in pathology storage. 18 DEFENDANT’S POSITION 19 [INSERT HERE] 20 21

G.

22

Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s

23

REQUEST FOR PRODUCTION NO. 72

Pathology Department from January 1, 2006 to present.

24

RESPONSE TO REQUEST NO. 72

25

Defendants will produce all documents responsive to this request on March 11, 2008.

26

PLAINTIFF’S POSITION

27

The accession logs produced are a miniscule subset of the documents covered by this request.

28

The vast majority of documents requested have not been produced and should have been produced long JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 8

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

1

Document 227

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ago.

2

These are specimen accession logs in which Ms. Vangie Gallegos or other persons in histology

3

record all incoming specimens that are received each day by the pathology department. It lists the case

4

number, the number of specimens and the labeling of each container

5

DEFENDANT’S POSITION

6

[INSERT HERE]

7 H.

REQUEST FOR PRODUCTION NO. 73

8 Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 9 1, 2006 to the present. 10 RESPONSE TO REQUEST NO. 73 11 Defendants object to this request to the extent it requests documents that contain information that 12 is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain 13 privileged peer review information. Without waiving these objections Defendants will produce all 14 documents responsive to this request by December 7, 2007. Defendants will redact confidential and 15 privileged information as appropriate. 16 PLAINTIFF’S POSITION 17 These documents have not been produced. They should have been produced long ago. 18 The request includes all tissue destruction and/or disposal logs for tissue disposed by the 19 pathology department that included skull flaps removed during surgery. 20 Regarding peer review privilege, this Court has already ruled that there is no peer review 21

privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

22 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 23 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 24 DEFENDANT’S POSITION 25 [INSERT HERE] 26 27

I.

28

Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology

REQUEST FOR PRODUCTION NO. 74

JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 9

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Page 13 of 19

1

Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24,

2

2000 to the present.

3

RESPONSE TO REQUEST NO. 74

4

Defendants object to this request to the extent it requests documents that contain information that

5

is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain

6

privileged peer review information. Without waiving these objections Defendants will produce all

7

documents responsive to this request by December 7, 2007. Defendants will redact confidential and

8

privileged information as appropriate.

9

PLAINTIFF’S POSITION

10

These documents have not been produced. They should have been produced long ago.

11

Regarding peer review privilege, this Court has already ruled that there is no peer review

12

privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

13

based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006

14

WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2.

15

DEFENDANT’S POSITION

16

[INSERT HERE]

17 J.

REQUEST FOR PRODUCTION NO. 76

18 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 19 14, 2006 to the present. 20 RESPONSE TO REQUEST NO. 76 21 Defendants will produce all documents responsive to this request by December 7, 2007. 22 PLAINTIFF’S POSITION 23 These documents have not been produced. They should have been produced long ago. 24 The request includes reports generated by the transcription department, which are generated on a 25 daily basis and stored in the pathology office in binders. If there are missing reports, then the 26 transcription department can print the reports by day listing the dictation of each pathologist, the case 27 number, the type of dictation, the length of dictation, etc. 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 10

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

1

DEFENDANT’S POSITION

2

[INSERT HERE]

Document 227

Filed 09/23/2008

Page 14 of 19

3 K.

REQUEST FOR PRODUCTION NO. 77

4 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from 5 June 14, 2006 to the present. 6 RESPONSE TO REQUEST NO. 77 7 Defendants will produce all documents responsive to this request on March 11, 2008. 8 PLAINTIFF’S POSITION 9 These documents have not been produced. They should have been produced long ago. 10 The request includes reports generated by the transcription department, which are generated on a 11 daily basis and stored in the pathology office in binders. If there are missing reports, then the 12 transcription department can print the reports by day listing the dictation of each pathologist, the case 13 number, the type of dictation, the length of dictation, etc. 14 DEFENDANT’S POSITION 15 [INSERT HERE] 16 17

L.

18

Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from

19

REQUEST FOR PRODUCTION NO. 78

June 14, 2006 to the present.

20

RESPONSE TO REQUEST FOR PRODUCTION NO. 78

21

Defendants will produce all documents responsive to this request on March 11, 2008.

22

PLAINTIFF’S POSITION

23

These documents have not been produced. They should have been produced long ago.

24

DEFENDANT’S POSITION

25

[INSERT HERE]

26 M.

REOUEST FOR PRODUCTION NO. 102

27 Any and all consultation reports issued by John Hopkins Hospital or John Hopkins University of 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 11

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

1

Document 227

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their affiliates RELATING TO the following KMC medical record numbers:

2

S06-37

3

806-495

4

806-3511

5

806-4619

6

RESPONSE TO REQUEST FOR PRODUCTION NO. 102

7

The numbers listed in this request are not KMC medical record numbers. Nevertheless,

8

Defendants will produce all documents responsive to this request.

9

PLAINTIFF’S POSITION

10

Some but not all documents were produced.

11

DEFENDANT’S POSITION

12

[INSERT HERE]

13 N.

REQUEST FOR PRODUCTION NO. 103

14 Any and all PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the 15 following KMC medical record numbers: 16 S06-4131 17 S06-5229 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 103 19 The numbers listed in this request are not KMC medical record numbers. Nevertheless, 20 Defendants will produce all documents responsive to this request. 21 PLAINTIFF’S POSITION 22 Some but not all documents were produced. 23 DEFENDANT’S POSITION 24 [INSERT HERE] 25 26

O.

27

Any and all handwritten notes in this action which were authored by Marvin Kolb during his

28

REQUEST FOR PRODUCTION NO. 104.

tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion, JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 12

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

1

Document 227

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termination, anger management, and/or behavior RELATING TO any of the following PERSONS:

2

a.

Plaintiff

3

b.

Royce Johnson

4

c.

Edward Taylor

5

d.

Joseph Mansour

6

e.

Scott Ragland

7

f.

Jennifer Abraham

8

g.

Eugene Kercher

9

h.

Irwin Harris

10

i.

Peter Bryan

11

j.

Toni Smith

12

RESPONSE TO REOUEST FOR PRODUCTION NO. 104

13

With regard to Plaintiff, all such notes that Defendants are aware of have been previously

14

produced. With regard to the other individuals, Defendants object to this request on the grounds that it

15

calls for the production of information that is protected by the privacy interests of individuals who are

16

not "comparators" as that term has been defined in the reported cases and is not reasonably calculated to

17

lead to the discovery of admissible evidence.

18

PLAINTIFF’S POSITION

19

Defendants are not complying with the Stipulation & Order re Privacy (Doc. 137). Doc. 137

20

states in pertinent part:

24

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response.

25

Given that Plaintiff was a chair when he was demoted and a non-chair core physician when he

21 22 23

26

was placed on administrative leave and his contract was not renewed, all core physicians are

27

comparators. It is well settled that Plaintiff is entitled to access comparator evidence to prove his claims.

28

It is not for Defendants to say who is a comparator and who is not for purposes of Plaintiff’s claims. JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 13

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

1

DEFENDANT’S POSITION

2

[INSERT HERE]

Document 227

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Page 17 of 19

3 P.

REQUEST FOR PRODUCTION NO. 105.

4 Any and all handwritten notes which were authored by Peter Bryan during his tenure at KMC 5 RELATING TO complaints, investigations, corrective action, discipline, demotion, termination, anger 6 management, and/or behavior RELATING TO any of the following PERSONS. 7 a.

Plaintiff

b.

Royce Johnson

c.

Edward Taylor

d.

Joseph Mansour

e.

Scott Ragland

f.

Jennifer Abraham

g.

Eugene Kercher

h.

Irwin Harris

i.

Peter Bryan

j.

Toni Smith

8 9 10 11 12 13 14 15 16 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 105 18 With regard to Plaintiff, all such notes that Defendants are aware of have been previously 19 produced. With regard to the other individuals, Defendants object to this request on the grounds that it 20 calls for the production of information that is protected by the privacy interests of individuals who are 21 not “comparators” as that term has been defined in the reported cases and is not reasonably calculated to 22 lead to the discovery of admissible evidence. 23 PLAINTIFF’S POSITION 24 Defendants are not complying with the Stipulation & Order re Privacy (Doc. 137). Doc. 137 25 states in pertinent part: 26 27 28

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 14

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

Document 227

Filed 09/23/2008

Page 18 of 19

2

core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response.

3

Given that Plaintiff was a chair when he was demoted and a non-chair core physician when he

1

4

was placed on administrative leave and his contract was not renewed, all core physicians are

5

comparators. It is well settled that Plaintiff is entitled to access comparator evidence to prove his claims.

6

It is not for Defendants to say who is a comparator and who is not for purposes of Plaintiff’s claims.

7

DEFENDANT’S POSITION

8

[INSERT HERE]

9 Q.

ASSERTION OF PEER REVIEW PRIVILEGE AND PRIVACY PRIVILEGE

10 In their responses to Plaintiff’s foregoing requests, Defendants at times assert peer review 11 privilege and privacy privilege. 12 PLAINTIFF’S POSITION 13 Regarding peer review privilege, this Court has already ruled that there is no peer review 14

privilege in federal law per Agster v. Maricopa County, 422 F.3d 836 (9th Cir. 2005) and that state law

15 based privileges do not apply to this federal action per Boyd v. City and County of San Francisco, 2006 16 WL 1390423 *3 (N.D. Cal. 2006). See Doc. 124, 3:3 - 4:2. 17 Regarding privacy privilege, Defendants are not complying with the Stipulation & Order re 18 Privacy (Doc. 137). Doc. 137 states in pertinent part: 19 20 21 22

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that, with regard to balancing the privacy interests of the Defendants against the Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that reveal the nature of interpersonal work relationships at KMC between core physicians and others, on-the-job behavior towards other members of KMC staff by core physicians, complaints against core physicians regarding their behavior at KMC and the County's actions in response.

23 DEFENDANT’S POSITION 24 [INSERT HERE] 25 26

IV.

CONCLUSION

27 The party who prevails on a motion to compel is entitled to his or her expenses, including 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 15

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1

reasonable attorney fees, unless the losing party was substantially justified in making or opposing the

2

motion (or other circumstances make such an award unjust). FRCP 37(a)(5); H. K. Porter Co., Inc. v.

3

Goodyear Tire & Rubber Co. (6th Cir. 1976) 536 F2d 1115, 1124–1125.

4

Plaintiff has met and conferred several times with Defendants in person and in writing, clearing

5

up any “confusion” and responding to any concerns. Despite this, Defendants have insisted on

6

withholding a vast amount of documents in violation of discovery rules and the orders of this Court.

7

Plaintiff requests this court compel Defendants to fully and properly produce documents in response to

8

the foregoing requests without further delay.

9

Pursuant to Rule 37, plaintiff further seeks attorney fees in the amount of $5,120 in consideration

10

of 8.8 of the hours which plaintiff has spent meeting and conferring, preparing this motion and hours

11

Plaintiff anticipates spending attending the hearing on this motion. Finally, plaintiff requests whatever

12

other sanctions this court deems proper and just.

13 14

Respectfully submitted,

15 16 Dated: September 23, 2008

LAW OFFICES OF MARK A. WASSER

17 18 By:__________________________________________ Mark A. Wasser, Attorney for Defendants COUNTY OF KERN, PETER BRYAN, IRWIN HARRIS, EUGENE KERCHER, JENNIFER ABRAHAM, SCOTT RAGLAND,TONI SMITH, AND WILLIAM ROY

19 20 21 22 23

Dated: September 23, 2008

LAW OFFICE OF EUGENE LEE

24 25 26

By:__________________________________________ Eugene D. Lee Attorney for Plaintiff DAVID F. JADWIN, D.O.

27 28 JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION 16

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

Document 227-2

4

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]

5

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

6

Mark A. Wasser CA SB #06160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 Email: [email protected]

1 2 3

7 8 9 10 11 12 13

Filed 09/23/2008

Page 1 of 182

Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 Email: [email protected]

14 15

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

16

UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18

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

19 v. 20

Civil Action No. 1:07-cv-00026 OWW TAG EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION

COUNTY OF KERN, et al., 21 Defendants. 22

Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA

23 24

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

25 26 27 28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION

1

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1 2

EXHIBIT 1: Plaintiff’s Requests for Production, Set One (RPD1)

3

EXHIBIT 2: Defendant’s Responses to RPD1

4

EXHIBIT 3: Defendant’s First Supplemental Responses to RPD1

5

EXHIBIT 4: Defendant’s Privilege Log

6

EXHIBIT 5: Defendant’s Supplemental Privilege Log

7

EXHIBIT 6: Defendant’s Second Supplemental Responses to RPD1

8

EXHIBIT 7: Defendant’s Fourth Supplemental Responses to RPD1

9

EXHIBIT 8: Plaintiff’s Requests for Production, Set Three (RPD3)

10

EXHIBIT 9: Meet and confer correspondence between the parties

11

EXHIBIT 10: Meet and confer correspondence between the parties

12

EXHIBIT 11: Defendant’s Responses to RPD3

13

EXHIBIT 12: Meet and confer correspondence between the parties

14

EXHIBIT 13: Meet and confer correspondence between the parties

15

EXHIBIT 14: Meet and confer correspondence between the parties

16

EXHIBIT 15: Meet and confer correspondence between the parties

17

EXHIBIT 16: Meet and confer correspondence between the parties

18

EXHIBIT 17: Declaration of Eugene D. Lee

19 20 21 22 23 24 25 26 27 28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: REQUESTS FOR PRODUCTION

2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 1:

27

Plaintiff’s Requests for Production, Set One (RPD1)

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

1

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

(213) 992-3299 TELEPHONE

LAW

Document 227-2

OFFICE

E U G ENE (213) 596-0487

555

FACSIMILE

Los

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Filed 09/23/2008 [email protected] Page 4 of 182

OF

EMAIL

L E E

WEST FIFTH STREET SUITE 3100 ANGELES, CALIFORNIA 9001 3-1 01 0

WWW.LOEL.COM WEBSITE

FAX To: Fax Number: 2135960487

From: Law Office of Eugene Lee Date: 10/11/2007

Pages: 20 (including cover page)

Re: Jadwin/KC: Requests for Production of Docs, 51

Comments:

Mark, Transmitted herewith are Plaintiff's Requests for Production of Documents from Defendant Kern county, Set One. Sincerely.

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

I 2 3 4 5 6 7 8

Pg 2/20 10/11/07 11 :55 pm

Document 227-2

Filed 09/23/2008

Page 5 of 182

Eugene D. Lee SB# 236812 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] Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 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

9

10

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

II

UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13 14

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

15 16 17 18

Case No. 1:07-cv-00026-0WW-TAG PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET ONE)

v.

COUNTY OF KERN; et aI. Date Action Filed: Date Set for Trial:

Defendants.

January 6, 2007 August 26, 2008

19 20 PROPOUNDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

ANSWERING PARTY:

Defendant COUNTY OF KERN

SET NO.:

One

21 22

23 24 Pursuant to Federal Rule of Civil Procedure Rule 34, Plaintiff David F. Jadwin hereby requests 25 that you (i) respond in writing to the following requests by no later than November 12,2007, and (ii) 26 produce and permit the inspection and copying ofthe documents described below on November 16, 27 2007,10.00 a.ill. at the Law Office of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

Filed 09/23/2008

Page 6 of 182

90013. DEFINITIONS

2

3

Document 227-2

Pg 3/20 10/11/07 11 :55 pm

A.

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

4

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

5

other entity.

6

B.

The terms "YOU" and "YOUR" as used herein include Defendant County of Kern

7

("Defendant") and include without limitation each predecessor and successor-in-interest, as well as any

8

officer, agent, employee, attorney, representative of Defendant and/or any other PERSONS acting under

9

the control of Defendant or on behalf of Defendant.

10

C.

The term "DOCUMENT" or "DOCUMENTS" as used herein is broadly defined to

11

include all media on which information is recorded or stored, as well as all non-identical copies thereof

12

including copies which bear any notes, notations or markings not found on the originals and all

13

preliminary, intermediate, final and revised drafts of such document. This includes but is not limited to

14

any writings, drawings, graphs, charts, photographs, video or audio recordings, microfilm, data

15

compilations, and electronically-stored information stored in any medium from which information can

16

be obtained such as e-mails, internet browser bookmarks and history, voicemail messages, websites,

17

electronic messages or bulletin boards. As used herein, the term "writings" shall include but is not

18

limited to letters, memoranda, reports, and notes whether handwritten or otherwise recorded, whether

19

internal or external to

20

D.

you. Electronically-stored information should be printed for production.

The phrase "RELATING TO" as used herein includes referring to, relating to, relates to,

21

responding to, concerning, connected with, commenting on, in respect of, about, regarding, discussing,

22

showing, describing, depicting, mentioning, reflecting, analyzing, comprising, constituting, evidencing,

23

and pertaining to, whether in whole or in part.

24

E.

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

25

DOCUMENTS RELATING TO an process improvement file; employee's credentials; qualifications for

26

employment, promotions, transfers, salary, raises, pension eligibility, discipline, separation or other

27

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

28

attachments thereto and all files maintained by persons employed by you.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

2

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

F.

Document 227-2

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Page 7 of 182

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

reports.

11

G.

The terms "and" and "or" when used herein each mean "and/or".

12

H.

All references to the singular include the plural, and all references to the plural include

13

the singular. All references to the masculine gender include the feminine and neuter genders and vice-

14

versa. INSTRUCTIONS

15

16

A.

This request requires that YOU identifY and produce the original or an exact copy of the

17

original of all DOCUMENTS responsive to any ofthe following numbered requests which are in YOUR

18

possession, custody or control. A DOCUMENT is deemed to be in YOUR possession, custody or

19

control if it is in YOUR physical custody, or if it is in the physical custody of any PERSON, and YOU:

20

(l) own such DOCUMENT in whole or in part; (2) have a right by contract, statute or otherwise to use,

21

inspect, examine or copy such DOCUMENT on any terms; (3) have an understanding, express or

22

implied, that YOU may use, inspect, examine or copy such DOCUMENT on any terms; or (4) have, as a

23

practical matter, been able to use, inspect, examine or copy such DOCUMENT when YOU have sought

24

to do so. Specifically, and without limiting the foregoing, this request encompasses all DOCUMENTS

25

in the possession, custody or control of YOU, YOUR attorneys, YOUR employees, YOUR agents,

26

YOUR affiliates, and/or any other PERSON substantially owned or controlled by you.

27 28

B.

YOU are required to engage in a diligent search and make reasonable inquiries in an

effort to locate the DOCUMENTS requested.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

3

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1 2 3

C.

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Page 8 of 182

If any requested DOCUMENT is not in YOUR possession, custody or control, YOU are

required to set forth in YOUR response the location of such DOCUMENT. D.

YOU are required to identify with specificity each DOCUMENT which is responsive to

4

this request and to organize and label them to correspond with each ofthe following numbered requests.

5

If a requested DOCUMENT has already been produced in Defendants' Rule 26 initial disclosures, then

6

YOU are requested to indicate such DOCUMENTS by stating their Bates Numbers rather than

7

producing physical duplicates (so as to conserve natural resources).

8

E.

All DOCUMENTS which are responsive in whole or in part to any of the following

9

numbered requests shall be produced in full, without abridgement, abbreviation, redaction or

10

expurgation of any sort. If any such DOCUMENTS cannot be produced in full, YOU are required to

11

produce the DOCUMENT to the extent possible and indicate in YOUR written response what portion of

12

the DOCUMENT is not produced and why it could not be produced.

13

F.

If any requested DOCUMENT has been destroyed, lost or stolen, YOU are required to se

14

forth in YOUR response the subject matter of such DOCUMENT; the location of any copies of the

15

DOCUMENT; whether the DOCUMENT was destroyed, lost or stolen; the date of its destruction, loss

16

or theft; and if destroyed, the name of the PERSON who ordered or authorized or was responsible for

17

such destruction.

18

G.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

19

numbered requests based upon an objection, YOU are required to (1) identify and describe each such

20

DOCUMENT in sufficient detail to enable Plaintiffto assess the applicability ofthe objection, (2)

21

produce as much ofthe material requested as to which such objection is not made, and (3) separately,

22

with respect to each remaining part, (a) state the nature of YOUR objection, (b) set forth each and every

23

ground for YOUR objection, and (c) describe the factual basis, if any, upon which YOU rely in making

24

such objections.

25

H.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

26

numbered requests based upon a claim of privilege, YOU are required to: (1) state which privilege is

27

claimed, including the identity of any specific attorney(s) with whom YOU claim a privileged

28

relationship, if any; (2) give a precise statement of the facts upon which the claim of privilege is based;

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

4

To: 213-596-0487

From: Law OFFice of Eugene Lee

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

Document 227-2

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Page 9 of 182

1

(3) identify and describe each DOCUMENT in sufficient detail to enable Plaintiff to assess the

2

applicability ofthe privilege or protection by stating: (a) its DOCUMENT type, e.g. letter,

3

memorandum, note, diskette, tape, etc.; (b) the date it was prepared; (c) the name, address, telephone

4

number and title of the PERSON who prepared it; and (d) the name, address, telephone number, and title

5

of each PERSON who received it, if any; and (e) its subject matter;. DOCUMENTS TO BE PRODUCED

6

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REQUEST NO.1. Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.2. Any and all DOCUMENTS RELATING TO the Second Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.3. Any and all DOCUMENTS RELATING TO the Third Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.4. Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.5. Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.6. Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.7. Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.8.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

5

To: 213-596-0487

From: Law OFFice of Eugene Lee

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

1 2 3 4 5 6 7 8 9 10

Document 227-2

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Filed 09/23/2008

Page 10 of 182

Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO.9. Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense stated in Defendants' Answer to Plaintiff's Second Supplemental Complaint. REQUEST NO. 10. Any and all DOCUMENTS RELATING TO YOUR organizational structure during Plaintiff's employment with YOU, including but not limited to organizational charts, diagrams and drawings. REQUEST NO. 11. Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories or lists,

11

including but not limited to names, direct work phone numbers, departments, etc. which were

12

maintained by YOU during Plaintiff's employment with you.

13 14

REQUEST NO. 12. Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets,

15

posters, employee and/or employer handbooks, training materials, and employee and/or employer

16

manuals maintained by YOU that YOU contend governed Plaintiff's terms and conditions of

17

employment at any time during the period from October 1, 2000 to October 4, 2007. These include but

18

are not limited to YOUR ordinances, Kern Medical Center's Administrative Procedures Manual, Kern

19

Medical Center's Policy & Administrative Procedures Manual, policies RELATING TO disability

20

discrimination, reasonable accommodation, interactive process, personal leave, administrative leave,

21

medical leave, retaliation, investigations into complaints of unlawful employment practices, discipline

22

employees, investigation of employees, appointment of Kern Medical Center acting department chairs,

23

hiring of Kern Medical Center department chairs, demotion of Kern Medical Center department chairs,

24

and policies RELATING TO Kern Medical Center's Pathology Department.

25 26

0

REQUEST NO. 13. Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact sheets,

27

posters, employee and/or employer handbooks, training materials, and employee and/or employer

28

manuals maintained by YOU that YOU contend was distributed or made available to YOUR employees,

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

6

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

Document 227-2

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Page 11 of 182

1

whether management or non-management, from October 24, 2000 to the present and the date of such

2

asserted distribution. These include but are not limited to YOUR ordinances, Kern Medical Center's

3

Administrative Procedures Manual, Kern Medical Center's Policy & Administrative Procedures Manual,

4

policies RELATING TO disability discrimination, reasonable accommodation, interactive process,

5

personal leave, administrative leave, medical leave, retaliation, investigations into complaints of

6

unlawful employment practices, discipline of employees, investigation of employees, appointment of

7

Kern Medical Center acting department chairs, hiring of Kern Medical Center department chairs,

8

demotion of Kern Medical Center department chairs, and policies RELATING TO Kern Medical

9

Center's Pathology Department.

10 11

REQUEST NO. 14. Any and all DOCUMENTS RELATING TO peer review, quality management and quality

12

assurance policies and procedures at Kern Medical Center, including but not limited to Kern Medical

13

Center's Quality Management and Performance Improvement Plan, from October 24, 2000 to the

14

present, and the effective dates.

15 16 17

REQUEST NO. 15. Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects:

18

a) disability discrimination

19

b) accommodation of an employee's disability

20

c) the interactive process regarding accommodation of an employee's disability

21

d) medical leave rights

22

e) whistleblower retaliation

23

f) medical leave retaliation

24

g) due process required for demotion

25

h) due process required for pay cut

26

i) due process required for termination of employment

27

j) defamation

28

k) Fair Labor Standards Act

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

7

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

Document 227-2

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Filed 09/23/2008

Page 12 of 182

REQUEST NO. 16. Any and all DOCUMENTS RELATING TO the PERSONNEL FILES of the following people.

2 3

a) Plaintiff David F. Jadwin

4

b) Elsa Ang

5

c) Ellen Bunyi-Teopengco

6

d) Philip Dutt

7

e) Carol Gates

8

f)

9

g) Fangluo Liu

10

h) Savita Shertukde

11

i)

Navin Amin

12

j)

Kathy Griffith

13

k) Alice Hevle

14

1) Denise Long

15

m) Gilbert Martinez

16

n) Albert McBride

17

0) Javad Naderi

18

p) Jane Thornton

19

q) Nitin Athavale

20

r) Chester Lau

21

s) Jennifer J Abraham

22

t)

23

u) Karen S Barnes

24

v) Peter K Bryan

25

w) David Culberson

26

x) Irwin E Harris

27

y) Royce Johnson

28

z) Eugene E Kercher

Adam Lang

Bernard C Barmann

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

8

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

aa) Alan Scott Ragland

2

bb) William Roy

3

cc) Maureen Martin

4

dd) Steven O'Connor

5

ee) Antoinette Smith

6

ft) Edward Taylor

7

gg) Marvin Kolb

8

hh) Dianne McConnehey

9

ii) Renita Nunn

10

jj) Ravi Patel

11

kk) Jose Perez

12

11) Evangeline Gallegos

13

mm)

14

nn) Bonnie Quinonez

15

00)

16

pp) Rebecca Rivera

17

qq) Sheldon Freedman

18

IT) Joseph Mansour

19

ss) George Alkouri

20

tt) Nicole Sharkey

21

REQUEST NO. 17.

22 23 24 25

Filed 09/23/2008

Page 13 of 182

Sergio Perticucci

James Sproul

Any and all DOCUMENTS RELATING TO the search, recruitment, application, interviewing, and hiring process that resulted in Plaintiff's employment by YOu. REQUEST NO. 18. Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of Plaintiff's

26

employment with YOu.

27

REQUEST NO. 19.

28

Document 227-2

Pg 10/20 10/11/07 11 :55 pm

Any and all DOCUMENTS RELATING TO Plaintiff's job duties and responsibilities for each

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

9

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1 2 3

Document 227-2

Pg 11/20 10/11/07 11 :55 pm

Filed 09/23/2008

Page 14 of 182

position held by Plaintiff during his employment with you. REQUEST NO. 20. Any and all DOCUMENTS RELATING TO Plaintiff's payroll, compensation, base salary and

4

"professional fee payments", as that term is defined in Plaintiff's employment contracts with YOU,

5

including but not limited to any and all changes in compensation and the reasons for the changes,

6

throughout Plaintiff's employment with you.

7 8

REQUEST NO. 21. Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices regarding

9

base salary steps, salary guidelines, deferred compensation plans, pension plans, health insurance and

10

employment benefits applicable to Plaintiff's positions held throughout his employment with you.

11 12 13 14 15 16 17 18 19 20 21

REQUEST NO. 22. Any and all DOCUMENTS RELATING TO Plaintiff's work schedule and/or removal therefrom, including but not limited to timesheets, from October 24, 2000 to the present. REQUEST NO. 23. Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt's timesheets, from April 20, 2005 to the present. REQUEST NO. 24. Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde's timesheets, from January 4, 2005 to the present. REQUEST NO. 25. Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints,

22

warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff's performance of his job

23

duties throughout his employment with YOU, whether formal or informaL

24 25

REQUEST NO. 26. Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his

26

employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written

27

materials, and computer files stored on Plaintiff's computer or Kern Medical Center's servers.

28

REQUEST NO. 27.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

10

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

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Page 15 of 182

Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or Plaintiff's employment at Kern Medical Center. REQUEST NO. 28.

4

Any and all DOCUMENTS RELATING TO performance reviews, comments, complaints,

5

warnings, reprimands, counseling, advisory notices or evaluations of the Kern Medical Center Pathology

6

Department, whether formal or informal, from October 24, 1995 to the present.

7 8 9

REQUEST NO. 29. Any and all DOCUMENTS RELATING TO Plaintiff's complaints of: a) disability discrimination

l O b ) failure to accommodate 11

c) failure to engage in an interactive process

12

d) violations of medical leave rights

13

e) whistleblower retaliation

14

f) medical leave retaliation

15

g) deprivation of property without due process

16

h) defamation

17

i) Fair Labor Standards Act violations

18 19

REQUEST NO. 30. Any and all DOCUMENTS RELATING TO any investigation of Plaintiff's complaints of

20

disability discrimination, failure to accommodate, failure to engage in an interactive process, violation 0

21

medical leave rights, whistleblower retaliation, medical leave retaliation, defamation, and/or deprivation

22

of property without due process.

23

REQUEST NO. 31.

24

Any and all DOCUMENTS RELATING TO any procedures available to YOUR employees to

25

complain of corruption, fraud and other wrongful, illegal or unethical conduct, that YOU contend was

26

distributed or made available to YOUR employees, whether management or non-management, from

27

October 24, 2000 to the present, and the date of such asserted distribution(s).

28

REQUEST NO. 32.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

11

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

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Page 16 of 182

Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against whom a

2

complaint or grievance of discrimination, harassment, defamation, retaliation, failure to accommodate,

3

and/or failure to engage in an interactive process in their employment has been made from October 24,

4

2000 to date.

5 6

REQUEST NO. 33. Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR past or

7

present employees against YOU for defamation, retaliation, disability discrimination, failure to

8

accommodate, and/or failure to engage in an interactive process, including but not limited to any

9

informal or internal complaints, grievances or charges to any state or federal agency, and complaints

10

filed in any state or federal court from October 24, 2000 to date.

11

12 13 14

15 16 17 18

19

REQUEST NO. 34. Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU by Plaintiff. REQUEST NO. 35. Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received from any governmental or regulatory authority, including but not limited to the California Department of Fair Employment and Housing, the California Labor & Workforce Development Agency, and the U.S. Department of Labor. REQUEST NO. 36.

20 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of 21 candidates for the position of staff pathologist at Kern Medical Center during the period from January 1, 22 2006 to the present. 23 REQUEST NO. 37. 24 Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

25 candidates for the position of Chair or Chief of Pathology at Kern Medical Center during the period 26 27

from January 1, 2006 to the present. REQUEST NO. 38.

28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

12

To: 213-596-0487

From: Law OFFice of Eugene Lee

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1

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Page 17 of 182

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

2

candidates for the position oflocum tenens pathologist at Kern Medical Center during the period from

3

January 1, 2006 to the present.

4

REQUEST NO. 39.

5

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

6

candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center during the period from

7

January 1, 2006 to the present.

8 9 10 11

REQUEST NO. 40. Any and all DOCUMENTS RELATING TO YOUR removal of Dr. Royce Johnson from the position of Chair or Chief of Medicine at Kern Medical Center. REQUEST NO. 41.

12

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment of and evaluation of

13

candidates for the position of Chair or Chief of Medicine at Kern Medical Center during the period from

14

October 24, 2000 to the present.

15 16 17 18 19 20 21 22 23 24 25

REQUEST NO. 42. Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical Center oncology conference in May 2005, induding but not limited to participant evaluation forms. REQUEST NO. 43. Any and all DOCUMENTS RELATING TO Plaintiff's presentation at the Kern Medical Center oncology conference on or about October 12,2005. REQUEST NO. 44. Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from Chair of Kern Medical Center's Pathology Department to staff pathologist. REQUEST NO. 45. Any and all DOCUMENTS RELATING TO the "packets containing information about Dr.

26

Jadwin" which Mr. Peter Bryan collected at the end of Kern Medical Center's Joint Conference

27

Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10, 2006.

28

REQUEST NO. 46.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

13

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1 2 3 4

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Filed 09/23/2008

Page 18 of 182

Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on administrative leave on or about December 7, 2006. REQUEST NO. 47. Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his home

5

during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he was on

6

administrative leave.

7 8

REQUEST NO. 48. Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of Plaintiff to

9

his home during working hours from on or about December 7, 2006 to on or about May 1, 2007 while he

10

was on administrative leave.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REQUEST NO. 49. Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff's employment contract with YOU that was purportedly made on or about May 1,2007. REQUEST NO. 50. Any and all DOCUMENTS RELATING TO any discipline, coaching, reprimand or corrective action taken against Plaintiff by you. REQUEST NO. 51. Any and all DOCUMENTS RELATING TO Kern Medical Center's Disruptive Physician Policy, including but not limited to Bylaw Committee meeting minutes. REQUEST NO. 52. Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera's lawsuit against Kern Medical Center filed in Kern County California Superior Court. REQUEST NO. 53. Any and all DOCUMENTS RELATING TO services provided to YOU by The Camden Group RELATING TO Kern Medical Center. REQUEST NO. 54. Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING TO patient fatalities at Kern Medical Center from October 24, 2000 to the present.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

14

To: 213-596-0487

From: Law OFFice of Eugene Lee

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

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Document 227-2

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Page 19 of 182

REQUEST NO. 55. Any and all DOCUMENTS RELATING TO the review of Kern Medical Center's placental

3

evaluations and billing activity as conducted by outside consultants, including but not limited to ProPay

4

Physician Services, LLC, from October 24, 2000 to the present.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

REQUEST NO. 56. Any and all DOCUMENTS RELATING TO blood bank monthly reports, including but not limited to reports generated by Michelle Burris, from January 2006 to the present. REQUEST NO. 57. Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance reports from October 24, 2000 to the present. REQUEST NO. 58. Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005. REQUEST NO. 59. Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center's Cancer Clinic from January 1, 2003 to the present. REQUEST NO. 60. Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident Reports for all Kern Medical Center personnel from October 24,2000 to the present. REQUEST NO. 61.

21

Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern Medical

22

Center from October 24,2000 to the present, including but not limited to DOCUMENTS RELATING

23

TO the outside consultant study conducted by Dr. David Lieu in 2004.

24 25 26 27 28

REQUEST NO. 62. Any and all DOCUMENTS RELATING TO Peter Bryan's appointment calendar from January 1,2004 to September 1, 2006. REQUEST NO. 63. Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

15

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

Document 227-2

a) Medical Executive Committee

3

b) Joint Conference Committee

4

c) Quality Management Committee

5

d) Cancer Connnittee

6

e) Second Level Peer Review Committee

7

f)

8

g) Executive Staff Meetings

10 11 12 13

Filed 09/23/2008

Page 20 of 182

Center connnittees or groups from October 24, 2000 to the present:

2

9

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Transfusion Committee

REQUEST NO. 64. Any and all DOCUMENTS RELATING TO policies of Kern Medical Center's Pathology Department from October 24, 2000 to the present. REQUEST NO. 65. Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center's

14

Pathology Department from January 1, 1999 to the present, including but not limited to corresponding

15

Kern Medical Center pathology reports and reports from outside consultants.

16 17

REQUEST NO. 66. Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs - by

18

pathologist - for pathology reports processed at Kern Medical Center, including but not limited to

19

Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1,

20

1999 to the present.

21 22

REQUEST NO. 67. Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports

23

and logs - for Kern Medical Center's Pathology Department as a whole - for pathology reports

24

processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone

25

marrow reports, for the time period from January 1, 1999 to the present.

26 27 28

REQUEST NO. 68. Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14,2006

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

16

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1 2 3 4 5 6

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to the present. REQUEST NO. 69. Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers S06-4131, S06-4619, S06-5229, S06-73276,. REQUEST NO. 70. Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical

7

Center's Pathology Department during the time period from January 1, 1995 to the present, including

8

but not limited to computer-generated data, monthly peer review records completed by pathologists, and

9

peer review comment sheets that are completed by pathologists upon discovery of a discrepancy.

10 11 12 13 14 15 16 17

REQUEST NO. 71. Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology at Kern Medical Center's Pathology Department from January 1, 2006 to the present. REQUEST NO. 72. Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center's Pathology Department from January 1, 2006 to the present. REQUEST NO. 73. Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January

18

1, 2006 to the present.

19

REQUEST NO. 74.

20

Any and all DOCUMENTS RELATING TO audits of Kern Medical Center's Pathology

21

Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24,

22

2000 to the present.

23 24 25 26 27 28

REQUEST NO. 75. Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel defections from June 14,2006 to the present, including but not limited to exit interview notes. REQUEST NO. 76. Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

17

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1 2 3 4 5 6 7 8 9 10

Document 227-2

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Page 22 of 182

REQUEST NO. 77. Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. REQUEST NO. 78. Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present. REQUEST NO. 79. Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. REQUEST NO. 80. Any and all DOCUMENTS RELATING TO Golden Empire Pathology Medical Group.

11

12 13 14 15 16 17 18

Date:

October 11, 2007

fJJ?J"--\~neD.Lee

W 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.

19 20 21 22

23 24 25 26 27 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN

18

To: 213-596-0487

From: Law OFFice of Eugene Lee

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

1 2 3 4

Document 227-2

Pg 20/20 10/11/07 11 :55 pm

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Page 23 of 182

CERTIFICATE OF SERVICE

I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party 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:

5

6 7 8 9 10 11 12

PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (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 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

13 14 15 16 17 18 19 20 21 22

23

[gJ 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. [gJ BY FACSIMILE: I transmitted via facsimile the DOCUMENT(s) listed above to the fax number(s) set forth above on this date at approximately 1:00 a.ill. The outgoing facsimile machine telephone number in this office is (213) 596-0487. The facsimile service used in this office creates a transmission report for each outgoing facsimile transmitted. A copy ofthe transmission report(s) for the service ofthis DOCUMENT, properly issued by the facsimile service that transmitted this DOCUMENT and showing that such transmission was (transmissions were) completed without error, is attached hereto. [gJ 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 October 11,2007, at Los Angeles, California.

-A~

24

~ \ Eugene V0}':U D. Lee

25 26 27 28

CERTIFICATE OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 24 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 2:

27

Defendant’s Responses to RPD1

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

2

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

1 2 3 4 5 6 7 8

Document 227-2

Filed 09/23/2008

Page 25 of 182

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: [email protected] Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton 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 13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15 16

Plaintiff,

17 18 19 20

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

DAVID F. JADWIN, D.O.

vs. COUNTY OF KERN, et al., Defendants.

21 22 23

Case No.: 1:07-cv-00026-OWW-TAG DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) Date Action Filed: January 6, 2007 Trial Date: August 26, 2008

24

PROPOUNDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

25

RESPONDING PARTY:

Defendant COUNTY OF KERN

26

SET NUMBER:

ONE (1)

27 28 1 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 26 of 182

Defendants hereby submit these responses to Plaintiff David F. Jadwin’s Request for

2

Production of Documents, Set One. Defendants have not located all the documents that are

3

responsive to this request and, for that reason, many of the production dates set forth herein are

4

estimates. Defendants will supplement or amend this response, if necessary, as additional

5

documents are located and reviewed.

6

REQUEST FOR PRODUCTION NO. 1

7

Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in

8

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

9

RESPONSE TO REQUEST NO. 1

10

Defendants object to this request on the grounds that it calls for the production of

11

documents that are protected by the attorney-work-product and attorney-client privileges.

12

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

13

any documents that are responsive to this request.

14

REQUEST FOR PRODUCTION NO. 2

15

Any and all DOCUMENTS RELATING TO the Second Affirmative Defense listed in

16

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

17

RESPONSE TO REQUEST NO. 2

18

Defendants object to this request on the grounds that it calls for the production of

19

documents that are protected by the attorney-work-product and attorney-client privileges.

20

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

21

any documents that are responsive to this request.

22

REQUEST FOR PRODUCTION NO. 3

23

Any and all DOCUMENTS RELATING TO the Third Affirmative Defense listed in

24

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

25

RESPONSE TO REQUEST NO. 3

26

Defendants object to this request on the grounds that it calls for the production of

27

documents that are protected by the attorney-work-product and attorney-client privileges.

28 2 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 27 of 182

1

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

2

any documents that are responsive to this request.

3

REQUEST FOR PRODUCTION NO. 4

4

Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense listed in

5

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

6

RESPONSE TO REQUEST NO. 4

7

Defendants object to this request on the grounds that it calls for the production of

8

documents that are protected by the attorney-work-product and attorney-client privileges.

9

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

10

any documents that are responsive to this request.

11

REQUEST FOR PRODUCTION NO. 5

12

Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense listed in

13

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

14

RESPONSE TO REQUEST NO. 5

15

Defendants object to this request on the grounds that it calls for the production of

16

documents that are protected by the attorney-work-product and attorney-client privileges.

17

Without waiving those objections, Defendants will produce all non-privileged documents

18

responsive to this request on or before December 21, 2007. This request is duplicative of other

19

requests contained in Plaintiff’s request for production, set one, and the documents produced in

20

response to this request may refer to the documents produced in response to other requests.

21

REQUEST FOR PRODUCTION NO. 6

22

Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense listed in

23

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

24

RESPONSE TO REQUEST NO. 6

25

Defendants object to this request on the grounds that it calls for the production of

26

documents that are protected by the attorney-work-product and attorney-client privileges.

27

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

28

any documents that are responsive to this request. 3 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2

Document 227-2

Filed 09/23/2008

Page 28 of 182

REQUEST FOR PRODUCTION NO. 7 Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense listed in

3

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

4

RESPONSE TO REQUEST NO. 7

5

Defendants object to this request on the grounds that it calls for the production of

6

documents that are protected by the attorney-work-product and attorney-client privileges.

7

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

8

any documents that are responsive to this request.

9

REQUEST FOR PRODUCTION NO. 8

10

Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense listed in

11

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

12

RESPONSE TO REQUEST NO. 8

13

Defendants object to this request on the grounds that it calls for the production of

14

documents that are protected by the attorney-work-product and attorney-client privileges.

15

Without waiving those objections, Defendants will produce all non-privileged documents

16

responsive to this request on or before December 21, 2007. This request is duplicative of other

17

requests contained in Plaintiff’s request for production, set one, and the documents produced in

18

response to this request may refer to the documents produced in response to other requests.

19

REQUEST FOR PRODUCTION NO. 9

20

Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense listed in

21

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

22

RESPONSE TO REQUEST NO. 9

23

Defendants object to this request on the grounds that it calls for the production of

24

documents that are protected by the attorney-work-product and attorney-client privileges.

25

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

26

any documents that are responsive to this request.

27

REQUEST FOR PRODUCTION NO. 10

28 4 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

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Page 29 of 182

Any and all DOCUMENTS RELATING TO YOUR organizational structure during

2

Plaintiff’s employment with YOU, including but not limited to organizational charts, diagrams

3

and drawings.

4

RESPONSE TO REQUEST NO. 10

5

Defendants will produce all documents responsive to this request. Production may occur

6

in stages. The first stage of production will be on November 20, 2007 and may include all

7

responsive documents. If other responsive documents are discovered, they will be produced by

8

December 7, 2007.

9

REQUEST FOR PRODUCTION NO. 11

10

Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories

11

or lists, including but not limited to names, direct work phone numbers, departments, etc. which

12

were maintained by YOU during Plaintiff’s employment with YOU.

13

RESPONSE TO REQUEST NO. 11

14

Defendants will produce all non-privileged documents responsive to this request.

15

Production may occur in stages. The first stage of production will be on November 20, 2007 and

16

may include all responsive documents. If other responsive documents are discovered, they will

17

be produced by December 7, 2007. Defendants will redact personal or confidential information

18

as appropriate.

19

REQUEST FOR PRODUCTION NO. 12

20

Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact

21

sheets, posters, employee and/or employer handbooks, training materials, and employee and/or

22

employer manuals maintained by YOU that YOU contend governed Plaintiff’s terms and

23

conditions of employment at any time during the period from October 1, 2000 to October 4,

24

2007. These include but are not limited to YOUR ordinances, Kern Medical Center’s

25

Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures

26

Manual, policies RELATING TO disability discrimination, reasonable accommodation,

27

interactive process, personal leave, administrative leave, medical leave, retaliation, investigations

28

into complaints of unlawful employment practices, discipline of employees, investigation of 5 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

employees, appointment of Kern Medical Center acting department chairs, hiring of Kern

2

Medical Center department chairs, demotion of Kern Medical Center department chairs, and

3

policies RELATING TO Kern Medical Center’s Pathology Department.

4

RESPONSE TO REQUEST NO. 12

5

Defendants object to this request to the extent it requests documents that contain

6

confidential personnel information, documents protected from disclosure by state or federal law,

7

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

8

Without waiving these objections, Defendants will produce documents responsive to this request

9

by December 21, 2007. Defendants will redact confidential peer review and personnel

10

information as appropriate.

11

REQUEST FOR PRODUCTION NO. 13

12

Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact

13

sheets, posters, employee and/or employer handbooks, training materials, and employee and/or

14

employer manuals maintained by YOU that YOU contend was distributed or made available to

15

YOUR employees, whether management or non-management, from October 24, 200 to the

16

present and the date of such asserted distribution. These include but are not limited to YOUR

17

ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s

18

Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination,

19

reasonable accommodation, interactive process, personal leave, administrative leave, medical

20

leave, retaliation, investigations into complaints of unlawful employment practices, discipline of

21

employees, investigation of employees, appointment of Kern Medical Center acting department

22

chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center

23

department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department.

24

RESPONSE TO REQUEST NO. 13

25

Defendants object to this request to the extent it requests documents that contain

26

confidential personnel information, documents protected from disclosure by state or federal law,

27

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

28

Without waiving these objections, Defendants will produce documents responsive to this request 6 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

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Filed 09/23/2008

Page 31 of 182

1

by December 21, 2007. Defendants will redact confidential peer review and personnel

2

information as appropriate.

3

REQUEST FOR PRODUCTION NO. 14

4

Any and all DOCUMENTS RELATING TO peer review, quality management and

5

quality assurance policies and procedures at Kern Medical Center, included but not limited to

6

Kern Medical Center’s Quality Management and Performance Improvement Plan, from October

7

24, 2000 to the present, and the effective dates.

8

RESPONSE TO REQUEST NO. 14

9

Defendants object to this request to the extent it requests documents that contain

10

confidential personnel information, documents protected from disclosure by state or federal law,

11

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

12

Without waiving these objections, Defendants will produce documents responsive to this request

13

by December 7, 2007.1. Defendants will redact confidential peer review and personnel

14

information as appropriate.

15

REQUEST FOR PRODUCTION NO. 15

16 17

Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects:

18

a) disability discrimination

19

b) accommodation of an employee’s disability

20

c) the interactive process regarding accommodation of an employee’s disability

21

d) medical leave rights

22

e) whistleblower retaliation

23

f) medical leave retaliation

24

g) due process required for demotion

25

h) due process required for pay cut

26

i) due process required for termination of employment

27

j) defamation

28

k) Fair Labor Standards Act 7 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 32 of 182

RESPONSE TO REQUEST NO. 15

2

Defendants object to this request to the extent it requests documents that contain

3

confidential personnel information, documents protected from disclosure by state or federal law,

4

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

5

Without waiving these objections, Defendants will produce documents responsive to this request

6

by December 21, 2007.

7

REQUEST FOR PRODUCTION NO. 16 Any and all DOCUMENTS RELATING To the PERSONNEL FILES of the following

8 9

people.

10

a) Plaintiff David F. Jadwin

11

b) Elsa Ang

12

c) Ellen Bunyi-Teopengco

13

d) Philip Dutt

14

e) Carol Gates

15

f) Adam Lang

16

g) Fangluo Liu

17

h) Savita Shertukde

18

i) Navin Amin

19

j) Kathy Griffith

20

k) Alice Hevle

21

l) Denise Long

22

m) Gilbert Martinez

23

n) Albert McBride

24

o) Javad Naderi

25

p) Jane Thornton

26

q) Nitin Athavale

27

r) Chester Lau

28

s) Jennifer J. Abraham 8 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

t) Bernard C. Barmann

2

u) Karen S. Barnes

3

v) Peter K. Bryan

4

w) David Culberson

5

x) Irwin E. Harris

6

y) Royce Johnson

7

z) Eugene K. Kercher

8

aa) Alan Scott Ragland

9

bb) William Roy

10

cc) Maureen Martin

11

dd) Steven O‘Connor

12

ee) Antoinette Smith

13

ff) Edward Taylor

14

gg) Marvin Kolb

15

hh) Dianne McConnehey

16

ii) Renita Nunn

17

jj) Ravi Patel

18

kk) Jose Perez

19

ll) Evangeline Gallegos

20

mm)

21

nn) Bonnie Quinonez

22

oo) James Sproul

23

pp) Rebecca Rivera

24

qq) Sheldon Freedman

25

rr) Joseph Mansour

26

ss) George Alkouri

27

tt) Nicole Sharkey

28

Document 227-2

Filed 09/23/2008

Sergio Perticucci

RESPONSE TO REQUEST NO. 16 9 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

Page 33 of 182

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

1

Document 227-2

Filed 09/23/2008

Page 34 of 182

Defendants have already produced the personnel file of David F. Jadwin. Defendants

2

will confirm that the personnel file previously produced was complete as of the time of its

3

production and, on or before December 7, 2007, will augment the documents previously

4

produced with any additional materials, if any, that have been added into Mr. Jadwin’s personnel

5

file since the file was produced. Plaintiff has narrowed the scope of this request by eliminating

6

all other documents initially requested.

7

REQUEST FOR PRODUCTION NO. 17

8 9 10

Any and all DOCUMENTS RELATING TO the search, recruitment, application, interviewing, and hiring process that resulted in Plaintiff’s employment by YOU. RESPONSE TO REQUEST NO. 17

11

Defendants object to this request to the extent it requests documents that contain

12

confidential personnel information, documents protected from disclosure by state or federal law,

13

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

14

Without waiving these objections, Defendants will produce all documents responsive to this

15

request by December 21, 2007.

16

REQUEST FOR PRODUCTION NO. 18

17

Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of

18

Plaintiff’s employment with YOU.

19

RESPONSE TO REQUEST NO. 18

20 21 22

Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 19 Any and all DOCUMENTS RELATING TO Plaintiff’s job duties and responsibilities for

23

each position held by Plaintiff during this employment with YOU.

24

RESPONSE TO REQUEST NO. 19

25 26 27 28

Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 20 Any and all DOCUMENTS RELATING TO Plaintiff’s payroll, compensation, base salary and “professional fee payments”, as that term is defined in Plaintiff’s employment 10 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 35 of 182

1

contracts with YOU, including but not limited to any and all changes in compensation and the

2

reasons for changes, throughout Plaintiff’s employment with YOU.

3

RESPONSE TO REQUEST NO. 20

4 5 6

Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 21 Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices

7

regarding base salary steps, salary guidelines, deferred compensation plans, pension plans, health

8

insurance and employment benefits applicable to Plaintiff’s position s held throughout his

9

employment with YOU.

10 11 12 13

RESPONSE TO REQUEST NO. 21 Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 22 Any and all DOCUMENTS RELATING TO Plaintiff’s work schedule and/or removal

14

there from, including but not limited to timesheets, from October 24, 200 to present.

15

RESPONSE TO REQUEST NO. 22

16 17 18

Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 23 Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt’s timesheets, from April 20

19

2005 to the present.

20

RESPONSE TO REQUEST NO. 23

21

Defendants object to this request to the extent it requests documents that contain

22

confidential personnel information, documents protected from disclosure by state or federal law,

23

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

24

Without waiving these objections, Defendants will produce all non-privileged documents

25

responsive to this request by December 21, 2007. Defendants will redact confidential

26

information, in any, as appropriate.

27

REQUEST FOR PRODUCTION NO. 24

28 11 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 36 of 182

Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde’s timesheets, from

2

January 4, 2005 to present.

3

RESPONSE TO REQUEST NO. 24

4

Defendants object to this request to the extent it requests documents that contain

5

confidential personnel information, documents protected from disclosure by state or federal law,

6

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

7

Without waiving these objections, Defendants will produce all non-privileged documents

8

responsive to this request by December 21, 2007. Defendants will redact confidential

9

information, in any, as appropriate.

10 11

REQUEST FOR PRODUCTION NO. 25 Any and all DOCUMENTS RELATING TO performance reviews, comments,

12

complaints, warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff’s

13

performance of his job duties throughout his employment with YOU, whether formal or

14

informal.

15

RESPONSE TO REQUEST NO. 25

16

Defendants object to this request to the extent it requests documents that contain

17

confidential personnel information, documents protected from disclosure by state or federal law,

18

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

19

Without waiving these objections, Defendants will produce all non-privileged documents

20

responsive to this request by December 7, 2007. Defendants will redact confidential

21

information, in any, as appropriate.

22

REQUEST FOR PRODUCTION NO. 26

23

Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his

24

employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written

25

materials, and computer files stored on Plaintiff’s computer at Kern Medical Center’s servers.

26

RESPONSE TO REQUEST NO. 26

27 28

After diligent search, Defendants believe Groupwise calendar information was deleted many months ago as part of the routine 90-day cycling of the Groupwise software. Defendants 12 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

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Filed 09/23/2008

Page 37 of 182

1

are continuing to search for other materials that were on the computer that was assigned to

2

Plaintiff. Some material was archived before the computer was reassigned. Defendants have

3

identified about 3,000 pages of documents that appear to be responsive to this request but have

4

not yet concluded their search. Defendants will produce all documents responsive to this request

5

by December 7, 2007.

6

REQUEST FOR PRODUCTION NO. 27

7

Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or

8

Plaintiff’s employment at Kern Medical Center.

9

RESPONSE TO REQUEST NO. 27

10

Defendants object to this request to the extent it requests documents that contain

11

confidential personnel information, documents protected from disclosure by state or federal law,

12

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

13

Without waiving these objections, Defendants will produce documents responsive to this request

14

by December 7, 2007. Defendants will redact confidential peer review and personnel

15

information, if any, as appropriate.

16

REQUEST FOR PRODUCTION NO. 28

17

Any and all DOCUMENTS RELATING TO performance reviews, comments,

18

complaints, warnings, reprimands, counseling, advisory notices or evaluations of the Kern

19

Medical Center Pathology Department, whether formal or informal, from October 24, 1995 to

20

the present.

21

RESPONSE TO REQUEST NO. 28

22

Defendants object to this request to the extent it requests documents that contain

23

confidential personnel information, documents protected from disclosure by state or federal law,

24

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

25

Without waiving these objections, Defendants will produce documents responsive to this request

26

by December 7, 2007. Defendants will redact confidential peer review and personnel

27

information as appropriate.

28

REQUEST FOR PRODUCTION NO. 29 13 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

1

Any and all DOCUMENTS RELATING TO Plaintiff’s complaints of:

2

a) disability discrimination

3

b) failure to accommodate

4

c) failure to engage in an interactive process

5

d) violation of medical leave rights

6

e) whistleblower retaliation

7

f) medical leave retaliation

8

g) deprivation of property without due process

9

h) defamation

10 11

Page 38 of 182

i) Fair Labor Standards Act violations RESPONSE TO REQUEST NO. 29

12

Defendants object to this request to the extent it requests documents that contain

13

confidential personnel information, documents protected from disclosure by state or federal law,

14

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

15

Without waiving these objections, Defendants will produce documents responsive to this request

16

by December 21, 2007. Defendants will redact confidential peer review and personnel

17

information as appropriate.

18

REQUEST FOR PRODUCTION NO. 30

19

Any and all DOCUMENTS RELATING TO any investigation of Plaintiff’s complaints

20

of disability discrimination, failure to accommodate, failure to engage in an interactive process,

21

violation of medical leave rights, whistleblower retaliation, medical leave retaliation, defamation,

22

and/or deprivation of property without due process.

23

RESPONSE TO REQUEST NO. 30

24

Defendants object to this request to the extent it requests documents that contain

25

confidential personnel information, documents protected from disclosure by state or federal law,

26

including the peer-review privilege, or documents that are subject to the attorney-client privilege.

27

Without waiving these objections, Defendants will produce documents responsive to this request

28 14 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 39 of 182

1

by December 21, 2007. Defendants will redact confidential peer review and personnel

2

information as appropriate.

3

REQUEST FOR PRODUCTION NO. 31

4

Any and all DOCUMENTS RELATING TO any procedures available to YOUR

5

employees to complain of corruption, fraud and other wrongful, illegal or unethical conduct, that

6

YOU contend was distributed or made available to YOUR employees, whether management or

7

non-management, from October 24, 2000 to the present, and the date of such asserted

8

distribution(s).

9

RESPONSE TO REQUEST NO. 31

10 11

Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 32

12

Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against

13

whom a complaint or grievance of discrimination, harassment, defamation, retaliation, failure to

14

accommodate, and/or failure to engage in an interactive process in their employment was made

15

from October 24, 2000 to date.

16

RESPONSE TO REQUEST NO. 32

17

Defendants object to this request on the grounds that it requests documents that contain

18

confidential personnel information, documents protected from disclosure by state or federal law,

19

including HIPAA and the peer-review privilege, and documents that contain information that is

20

subject to the attorney-client privilege. Defendants do not believe these objections can be

21

resolved by redaction. Defendants also object on the grounds that the request is not reasonably

22

calculated to lead to the discovery of admissible evidence.

23

REQUEST FOR PRODUCTION NO. 33

24

Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR

25

past or present employees against YOU for defamation, retaliation, disability discrimination,

26

failure to accommodate, and/or failure to engage in an interactive process, including but not

27

limited to any informal or internal complaints, grievances or charges to any state or federal

28

agency, and complaints filed in any state or federal court from October 24, 2000 to date. 15 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2

Document 227-2

Filed 09/23/2008

Page 40 of 182

RESPONSE TO REQUEST NO. 33 Defendants object to this request on the grounds that it calls for the production of

3

documents that contain confidential personnel information that is not relevant to any issues in

4

this case. Consequently, this request is not reasonably calculated to lead to the discovery of

5

admissible evidence. Defendants also object on the ground that the phrase, “informal or internal

6

complaints” is vague and, depending on interpretation, could include any off-hand gripe by any

7

employee, to the extent it was memorialized in writing. Defendant County of Kern employs

8

several thousand employees. In the past seven years, there could be many documents that fit the

9

description of this request yet none have anything to do with the issues in this case. This request

10

is, accordingly, overbroad and burdensome. Defendants do not believe redaction would resolve

11

these objections.

12

REQUEST FOR PRODUCTION NO. 34

13

Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU

14

by Plaintiff.

15

RESPONSE TO REQUEST NO. 34

16

Defendants believe all documents responsive to this request have been previously

17

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

18

necessary, by December 7, 2007.

19

REQUEST FOR PRODUCTION NO. 35

20

Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received

21

from any governmental or regulatory authority, including but not limited to the California

22

Department of Fair Employment and Housing, the California Labor and Workforce Development

23

Agency, and the U.S. Department of Labor.

24

RESPONSE TO REQUEST NO. 35

25

Defendants believe all documents responsive to this request have been previously

26

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

27

necessary, by December 7, 2007.

28

REQUEST FOR PRODUCTION NO. 36 16 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 41 of 182

Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and

2

evaluation of candidates for the position of staff pathologist at Kern Medical Center during the

3

period from January 1, 2006 to present.

4

RESPONSE TO REQUEST NO. 36

5

Defendants object to this request on the grounds that it calls for the production of

6

documents that contain confidential personnel information that is not relevant to any issues in

7

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

8

Defendants also object to this request to the extent it requests information protected from

9

disclosure by state or federal law, including HIPAA and the peer review privilege, and

10

documents that are subject to the attorney-client privilege. Without waving these objections,

11

Defendants will produce non-privileged documents responsive to this request, if any, by

12

December 7, 2007. Defendants will redact confidential and privileged information as

13

appropriate.

14

REQUEST FOR PRODUCTION NO. 37

15

Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and

16

evaluation of candidates for the position of Chair or Chief of Pathology at Kern Medical Center

17

during the period from January 1, 2006 to present.

18

RESPONSE TO REQUEST NO. 37

19

Defendants object to this request on the grounds that it calls for the production of

20

documents that contain confidential personnel information that is not relevant to any issues in

21

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

22

Defendants also object to this request to the extent it requests information protected from

23

disclosure by state or federal law, including HIPAA and the peer review privilege, and

24

documents that are subject to the attorney-client privilege. Without waving these objections,

25

Defendants will produce non-privileged documents responsive to this request, if any, by

26

December 7, 2007. Defendants will redact confidential and privileged information as

27

appropriate.

28

REQUEST FOR PRODUCTION NO. 38 17 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 42 of 182

Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and

2

evaluation of candidates for the position of locus tenens pathologist at Kern Medical Center

3

during the period from January 1, 2006 to present.

4

RESPONSE TO REQUEST NO. 38

5

Defendants object to this request on the grounds that it calls for the production of

6

documents that contain confidential personnel information that is not relevant to any issues in

7

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

8

Defendants also object to this request to the extent it requests information protected from

9

disclosure by state or federal law, including HIPAA and the peer review privilege, and

10

documents that are subject to the attorney-client privilege. Without waving these objections,

11

Defendants will produce non-privileged documents responsive to this request, if any, by

12

December 7, 2007. Defendants will redact confidential and privileged information as

13

appropriate.

14

REQUEST FOR PRODUCTION NO. 39

15

Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and

16

evaluation of candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center

17

during the period from January 1, 2006 to present.

18

RESPONSE TO REQUEST NO. 39

19

Defendants object to this request on the grounds that it calls for the production of

20

documents that contain confidential personnel information that is not relevant to any issues in

21

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

22

Defendants also object to this request to the extent it requests information protected from

23

disclosure by state or federal law, including HIPAA and the peer review privilege, and

24

documents that are subject to the attorney-client privilege. Without waving these objections,

25

Defendants will produce non-privileged documents responsive to this request, if any, by

26

December 7, 2007. Defendants will redact confidential and privileged information as

27

appropriate.

28

REQUEST FOR PRODUCTION NO. 40 18 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 43 of 182

Any and all DOCUMENTS RELATING TOYOUR removal of Dr. Royce Johnson from

1 2

the position of Chair or Chief of Medicine at Kern Medical Center.

3

RESPONSE TO REQUEST NO. 40 Defendants object to this request on the grounds that it calls for the production of

4 5

documents that contain confidential personnel information that is not relevant to any issues in

6

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

7

Defendants also object to this request to the extent it requests information protected from

8

disclosure by state or federal law, including HIPAA and the peer review privilege, and

9

documents that are subject to the attorney-client privilege.

10

REQUEST FOR PRODUCTION NO. 41 Any and all DOCUMENTS RELATING TOYOUR search for, recruitment, of and

11 12

evaluation of candidates for the position of Chair or Chief of Medicine at Kern Medical Center

13

during the period from October 24, 2000 to present.

14

RESPONSE TO REQUEST NO. 41 Defendants object to this request on the grounds that it calls for the production of

15 16

documents that contain confidential personnel information that is not relevant to any issues in

17

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

18

Defendants also object to this request to the extent it requests information protected from

19

disclosure by state or federal law, including HIPAA and the peer review privilege, and

20

documents that are subject to the attorney-client privilege. Without waving these objections,

21

Defendants will produce non-privileged documents responsive to this request, if any, by

22

December 21, 2007. Defendants will redact confidential and privileged information as

23

appropriate.

24

REQUEST FOR PRODUCTION NO. 42

25

Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical

26

Center oncology conference in May 2005, including but not limited to participant evaluation

27

forms.

28

RESPONSE TO REQUEST NO. 42 19 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 44 of 182

Defendants object to this request on the grounds that it calls for the production of

1 2

documents that contain confidential personnel information that is not relevant to any issues in

3

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

4

Defendants also object to this request to the extent it requests information protected from

5

disclosure by state or federal law, including HIPAA and the peer review privilege, and

6

documents that are subject to the attorney-client privilege. Without waving these objections,

7

Defendants will produce non-privileged documents responsive to this request, if any, by

8

December 7, 2007. Defendants will redact confidential and privileged information as

9

appropriate.

10

REQUEST FOR PRODUCTION NO. 43 Any and all DOCUMENTS RELATING TO Plaintiff’s presentations made at the Kern

11 12

Medical Center oncology conference on or about October 12, 2005.

13

RESPONSE TO REQUEST NO. 43 Defendants will produce all documents responsive to this request by December 7, 2007.

14 15

REQUEST FOR PRODUCTION NO. 44 Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from

16 17

Chair of Kern Medical Center’s Pathology Department to staff pathologist.

18

RESPONSE TO REQUEST NO. 44 Defendants object to this request to the extent it requests documents that are privileged

19 20

under the attorney-client privilege. Without waiving this objection Defendants will produce all

21

non-privileged documents responsive to this request by December 7, 2007.

22

REQUEST FOR PRODUCTION NO. 45

23

Any and all DOCUMENTS RELATING To the “packets containing information about

24

Dr. Jadwin” which Peter Bryan collected at the end of Kern Medical Center’s Joint Conference

25

Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10,

26

2006.

27

RESPONSE TO REQUEST NO. 45

28 20 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 45 of 182

Defendants are searching for documents responsive to this request. Because of

2

administrative and management changes at Kern Medical Center, it may not be possible to

3

reconstruct the “packets” requested. Defendants object to this request to the extent it requests

4

information protected by the peer-review or attorney-client privileges. Defendants also object to

5

this request to the extent it seeks documents that contain confidential personnel information.

6

Without waiving these objections, and to the extent that the “packets” can be reconstructed,

7

Defendants will produce all documents responsive to this request, if any, by December 21, 2007.

8

REQUEST FOR PRODUCTION NO. 46

9

Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on

10

administrative leave on or about December 7, 2006.

11

RESPONSE TO REQUEST NO. 46

12

Defendants object to this request to the extent it requests information protected by the

13

attorney-client privilege. Without waiving that objection, Defendants believe all documents

14

responsive to this request have been previously produced to Plaintiff. Defendants will confirm

15

this, or produce additional documents if necessary, by December 7, 2007.

16

REQUEST FOR PRODUCTION NO. 47

17

Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his

18

home during working hours from on or about December 7, 2006 to on or about May 1, 2007

19

while he was on administrative leave.

20

RESPONSE TO REQUEST NO. 47

21

Defendants believe all documents responsive to this request have been previously

22

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

23

necessary, by December 7, 2007.

24

REQUEST FOR PRODUCTION NO. 48

25

Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of

26

Plaintiff to his home during working hours from on or about December 7, 2006 to on or about

27

May 1, 2007 while he was on administrative leave.

28

RESPONSE TO REQUEST NO. 48 21 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Filed 09/23/2008

Page 46 of 182

Defendants believe all documents responsive to this request have been previously

2

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

3

necessary, by December 7, 2007.

4

REQUEST FOR PRODUCTION NO. 49

5

Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff’s

6

employment contract with YOU that was purportedly made on or about May 1, 2007.

7

RESPONSE TO REQUEST NO. 49

8 9

Defendants object to this request to the extent it requests information protected by the attorney-client privilege. Without waiving that objection, Defendants believe all documents

10

responsive to this request have been previously produced to Plaintiff. Defendants will confirm

11

this, or produce additional documents if necessary, by December 7, 2007.

12

REQUEST FOR PRODUCTION NO. 50

13

Any and all DOCUMENTS RELATING TO any discipline, coaching, reprimand or

14

corrective action taken against Plaintiff by YOU.

15

RESPONSE TO REQUEST NO. 50

16

Defendants believe all documents responsive to this request have been previously

17

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

18

necessary, by December 21, 2007.

19

REQUEST FOR PRODUCTION NO. 51

20

Any and all DOCUMENTS RELATING TO Kern Medical Center’s Disruptive Physician

21

Policy, including but not limited to Bylaw Committee meeting minutes.

22

RESPONSE TO REQUEST NO. 51

23

Defendants object to this request to the extent it requests documents that contain

24

confidential personnel information, documents protected from disclosure by state or federal law,

25

including the HIPAA and the peer-review privilege, or documents that are subject to the

26

attorney-client privilege. Without waiving these objections, Defendants will produce documents

27

responsive to this request by December 7, 2007. Defendants will redact confidential peer review

28

and personnel information as appropriate. 22 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2

Document 227-2

Filed 09/23/2008

REQUEST FOR PRODUCTION NO. 52 Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera’s lawsuit against Kern

3

Medical Center filed in Kern County California Superior Court.

4

RESPONSE TO REQUEST NO. 52

5

Page 47 of 182

Plaintiff has narrowed this request to eliminate any documents that have been filed with

6

the Kern County Superior Court. As so limited, this request seeks documents in the County

7

Counsel’s litigation file, many of which are protected by the attorney work product and attorney-

8

client privileges. To the extent this request seeks information that is protected by the attorney-

9

client privilege, Defendants object to it. Defendants also object to this request on the grounds

10

that it is not reasonably calculated to lead to the discovery of admissible evidence. Defendants

11

are in the process of reviewing documents that are may be responsive to this request and, without

12

waiving these objections, will produce non-privileged documents, if any, by December 21, 2007.

13

Defendants may redact privileged information if appropriate.

14

REQUEST FOR PRODUCTION NO. 53

15

Any and all DOCUMENTS RELATING TO services provided to YOU by the Camden

16

Group RELATING TO Kern Medical Center.

17

RESPONSE TO REQUEST NO. 53

18

Defendants believe all documents responsive to this request have been previously

19

produced to Plaintiff. Defendants will confirm this, or produce additional documents if

20

necessary, by December 7, 2007.

21

REQUEST FOR PRODUCTION NO. 54

22

Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING

23

TO patient fatalities at Kern Medical Center from October 24, 2000 to the present.

24

RESPONSE TO REQUEST NO. 54

25

Defendants object to this request on the grounds that it calls for the production of

26

documents that contain confidential personnel information that is not relevant to any issues in

27

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

28

Defendants also object to this request to the extent it requests information protected from 23 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Page 48 of 182

1

disclosure by state or federal law, including HIPAA and the peer review privilege, and

2

documents that are subject to the attorney-client privilege. Without waving these objections,

3

Defendants will produce non-privileged documents responsive to this request, if any, by

4

December 21, 2007. Defendants will redact confidential and privileged information as

5

appropriate. If the redaction process renders the resulting document useless, Defendants will

6

inform Plaintiff.

7

REQUEST FOR PRODUCTION NO. 55

8 9

Any and all DOCUMENTS RELATING TO the review of Kern Medical Center’s placental evaluations and billing activity as conducted by outside consultants, including but not

10

limited to ProPay Physician Services, LLC, from October 24, 2000 to the present.

11

RESPONSE TO REQUEST NO. 55

12

Defendants object to this request on the grounds that it calls for the production of

13

documents that contain confidential personnel information that is not relevant to any issues in

14

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

15

Defendants also object to this request to the extent it requests information protected from

16

disclosure by state or federal law, including HIPAA and the peer review privilege, and

17

documents that are subject to the attorney-client privilege. Without waving these objections,

18

Defendants will produce non-privileged documents responsive to this request, if any, by

19

December 21, 2007. Defendants will redact confidential and privileged information as

20

appropriate.

21

REQUEST FOR PRODUCTION NO. 56

22

Any and all DOCUMENTS RELATING TO blood bank monthly reports, included but

23

not limited to reports generated by Michelle Burris, from January 2006 to present.

24

RESPONSE TO REQUEST NO. 56

25

Defendants object to this request on the grounds that it calls for the production of

26

documents that contain confidential personnel information that is not relevant to any issues in

27

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

28

Defendants also object to this request to the extent it requests information protected from 24 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Page 49 of 182

1

disclosure by state or federal law, including HIPAA and the peer review privilege, and

2

documents that are subject to the attorney-client privilege. Without waving these objections,

3

Defendants will produce non-privileged documents responsive to this request, if any, by

4

December 21, 2007. Defendants will redact confidential and privileged information as

5

appropriate.

6

REQUEST FOR PRODUCTION NO. 57

7

Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance

8

reports from October 24, 2000 to the present.

9

RESPONSE TO REQUEST NO. 57

10

Defendants object to this request on the grounds that it calls for the production of

11

documents that contain confidential personnel information that is not relevant to any issues in

12

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

13

Defendants also object to this request to the extent it requests information protected from

14

disclosure by state or federal law, including HIPAA and the peer review privilege, and

15

documents that are subject to the attorney-client privilege. Without waving these objections,

16

Defendants will produce non-privileged documents responsive to this request, if any, by

17

December 21, 2007. Defendants will redact confidential and privileged information as

18

appropriate.

19

REQUEST FOR PRODUCTION NO. 58

20

Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by

21

Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005.

22

RESPONSE TO REQUEST NO. 58

23

Defendants object to this request on the grounds that it calls for the production of

24

documents that contain confidential personnel information that is not relevant to any issues in

25

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

26

Defendants also object to this request to the extent it requests information protected from

27

disclosure by state or federal law, including HIPAA and the peer review privilege, and

28

documents that are subject to the attorney-client privilege. Without waving these objections, 25 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

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Filed 09/23/2008

Page 50 of 182

1

Defendants will produce non-privileged documents responsive to this request, if any, by

2

December 21, 2007. Defendants will redact confidential and privileged information as

3

appropriate.

4

REQUEST FOR PRODUCTION NO. 59 Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center’s

5 6

Cancer Clinic from January 1, 2003 to the present.

7

RESPONSE TO REQUEST NO. 59 Defendants will produce all documents responsive to this request by December 21, 2007.

8 9

REQUEST FOR PRODUCTION NO. 60 Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident

10 11

Reports for all Kern Medical Center personnel from October 24, 2000 to the present.

12

RESPONSE TO REQUEST NO. 60

13

Defendants object to this request to the extent it seeks documents that contain

14

confidential personnel information or information protected by the attorney-client privilege.

15

Defendants also object to the extent the documents contain information protected by the peer-

16

review privilege and on the grounds that the request is not reasonably calculated to lead to the

17

discovery of admissible evidence. Without waiving these objections, Defendants will produce

18

all documents responsive to this request by December 21, 2007. Defendants will redact

19

confidential or privileged information as appropriate.

20

REQUEST FOR PRODUCTION NO. 61 Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern

21 22

Medical Center from October 24, 2000 to the present, including but not limited to

23

DOCUMENTS RELATING TO the outside consultant study conducted by Dr. David Lieu in

24

2004.

25

RESPONSE TO REQUEST NO. 61

26

Defendants object to this request to the extent it seeks documents that contain

27

confidential personnel information or information protected by the attorney-client privilege.

28

Defendants also object to the extent the documents contain information protected by the peer26 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Page 51 of 182

1

review privilege and on the grounds that the request is not reasonably calculated to lead to the

2

discovery of admissible evidence. Without waiving these objections, Defendants will produce

3

all documents responsive to this request by December 21, 2007. Defendants will redact

4

confidential or privileged information as appropriate.

5

REQUEST FOR PRODUCTION NO. 62

6

Any and all DOCUMENTS RELATING TO Peter Bryan’s appointment calendar from

7

January 1, 2004 to September 1, 2006.

8

RESPONSE TO REQUEST NO. 62

9 10 11 12

Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 63 Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical Center committees or groups from October 24, 2000 to the present:

13

a) Medical Executive Committee

14

b) Joint Conference Committee

15

c) Quality Management Committee

16

d) Cancer Committee

17

e) Second Level Peer Review Committee

18

f) Transfusion Committee

19

g) Executive Staff Meetings

20 21

RESPONSE TO REQUEST NO. 63 Defendants object to this request to the extent it requests documents that contain

22

confidential personnel information or information that is protected from disclosure by state or

23

federal law, including HIPAA and the peer review privilege, or documents that are subject to the

24

attorney/client privilege. Without waiving these objections, Defendants will produce documents

25

responsive to this request by December 21, 2007. Defendants will redact confidential or

26

privileged information as appropriate.

27

REQUEST FOR PRODUCTION NO. 64

28 27 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Any and all DOCUMENTS RELATING TO policies of Kern Medical Center’s

2

Pathology Department from October 24, 2000 to the present.

3

RESPONSE TO REQUEST NO. 64

4 5

Page 52 of 182

Defendants will produce all documents responsive to this request by December 21, 2007. REQUEST FOR PRODUCTION NO. 65

6

Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical

7

Center’s Pathology Department from January 1, 1999 to the present, including but not limited to

8

corresponding Kern Medical Center pathology reports and reports from outside consultants.

9

RESPONSE TO REQUEST NO. 65

10

Defendants object to this request to the extent it requests documents that contain

11

confidential personnel information or information that is protected from disclosure by state or

12

federal law, including HIPAA and the peer review privilege, or documents that are subject to the

13

attorney/client privilege. Without waiving these objections, Defendants will produce documents

14

responsive to this request by December 7, 2007. Defendants will redact confidential or

15

privileged information as appropriate.

16

REQUEST FOR PRODUCTION NO. 66

17

Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs

18

– by pathologist – for pathology reports processed at Kern Medical Center, including but not

19

limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period

20

from January 1, 1999 to the present.

21

RESPONSE TO REQUEST NO. 66

22

Defendants object to this request to the extent it requests documents that contain

23

privileged peer review information. Without waiving this objection Defendants will produce all

24

documents responsive to this request by December 7, 2007. Defendants will redact all privileged

25

information as appropriate.

26

REQUEST FOR PRODUCTION NO. 67

27 28

Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology 28 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Page 53 of 182

1

reports processed at Kern Medical Center including but not limited to surgical pathology,

2

cytology and bone marrow reports, for the time period from January 1, 1999 to the present.

3

RESPONSE TO REQUEST NO. 67

4

Defendants object to this request to the extent it requests documents that contain

5

privileged peer review information. Without waiving this objection Defendants will produce all

6

documents responsive to this request by December 7, 2007. Defendants will redact all privileged

7

information as appropriate.

8

REQUEST FOR PRODUCTION NO. 68

9

Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored,

10

reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review

11

from June 14, 2006 to the present.

12

RESPONSE TO REQUEST NO. 68

13

Defendants object to this request to the extent it requests documents that contain

14

privileged peer review information. Without waiving this objection Defendants will produce all

15

documents responsive to this request by December 7, 2007. Defendants will redact all privileged

16

information as appropriate.

17

REQUEST FOR PRODUCTION NO. 69

18

Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO

19

Case Numbers S06-4131, S06-4619, S06-5229, S06-73276.

20

RESPONSE TO REQUEST NO. 69

21

Defendants object to this request to the extent it requests documents that contain

22

information that is confidential under HIPAA. Defendants also object to the extent that it

23

requests documents that contain privileged peer-review information. Without waiving these

24

objections Defendants will produce all documents responsive to this request by December 7,

25

2007. Defendants will redact confidential and privileged information as appropriate.

26

REQUEST FOR PRODUCTION NO. 70

27 28

Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center’s Pathology Department during the time period from January 1, 1995 to the present, 29 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 54 of 182

1

including but not limited to computer-generated data, monthly peer review records completed by

2

pathologists, and peer review comment sheets that are completed by pathologists upon discovery

3

of a discrepancy.

4

RESPONSE TO REQUEST NO. 70

5

Defendants object to this request on the ground that it requests privileged peer-review

6

information. Defendants also object on the ground that it requests information that is

7

confidential under HIPAA and not reasonably calculated to lead to the discovery of admissible

8

evidence. Without waiving these objections, Defendants will produce documents responsive to

9

this request by January 7, 2008 if it is possible to redact the confidential and privileged

10

information without rendering the resulting document useless.

11

REQUEST FOR PRODUCTION NO. 71

12

Any and all DOCUMENTS RELATING TO exceptional event logs for histology and

13

pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present.

14

RESPONSE TO REQUEST NO. 71

15

Defendants object to this request to the extent it requests documents that contain

16

information that is confidential under HIPAA. Defendants also object to the extent that it

17

requests documents that contain privileged peer review information. Without waiving these

18

objections Defendants will produce all documents responsive to this request by December 7,

19

2007. Defendants will redact confidential and privileged information as appropriate.

20

REQUEST FOR PRODUCTION NO. 72

21

Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical

22

Center’s Pathology Department from January 1, 2006 to present.

23

RESPONSE TO REQUEST NO. 72

24

Defendants object to this request to the extent it requests documents that contain

25

information that is confidential under HIPAA. Defendants also object to the extent that it

26

requests documents that contain privileged peer review information. Without waiving these

27

objections Defendants will produce all documents responsive to this request by December 7,

28

2007. Defendants will redact confidential and privileged information as appropriate. 30 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2

Document 227-2

Page 55 of 182

REQUEST FOR PRODUCTION NO. 73 Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from

3

January 1, 2006 to the present.

4

RESPONSE TO REQUEST NO. 73

5

Filed 09/23/2008

Defendants object to this request to the extent it requests documents that contain

6

information that is confidential under HIPAA. Defendants also object to the extent that it

7

requests documents that contain privileged peer review information. Without waiving these

8

objections Defendants will produce all documents responsive to this request by December 7,

9

2007. Defendants will redact confidential and privileged information as appropriate.

10

REQUEST FOR PRODUCTION NO. 74

11

Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology

12

Department by outside consultants, including but not limited to Dr. Stacey Garry, from October

13

24, 2000 to the present.

14

RESPONSE TO REQUEST NO. 74

15

Defendants object to this request to the extent it requests documents that contain

16

information that is confidential under HIPAA. Defendants also object to the extent that it

17

requests documents that contain privileged peer review information. Without waiving these

18

objections Defendants will produce all documents responsive to this request by December 7,

19

2007. Defendants will redact confidential and privileged information as appropriate.

20

REQUEST FOR PRODUCTION NO. 75

21

Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel

22

defections from June 14, 2006 to the present, including but not limited to exit interview notes.

23

RESPONSE TO REQUEST NO. 75

24

Defendants object to this request on the grounds that it is vague. Defendants do not know

25

what “personnel defections” means. If Plaintiff intends to request a list of employees who have

26

separated from County employment or transferred out of the laboratory, Defendants can prepare

27

such a list but Defendants believe such a list will need to be redacted to remove confidential

28

personnel information. Defendants will produce a list of employees who have separated from 31 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

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Filed 09/23/2008

Page 56 of 182

1

County employment or transferred out of the laboratory by December 21, 2007 and will redact

2

the information as appropriate.

3

REQUEST FOR PRODUCTION NO. 76

4

Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff

5

from June 14, 2006 to the present.

6

RESPONSE TO REQUEST NO. 76

7 8 9

Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip

10

Dutt from June 14, 2006 to the present.

11

RESPONSE TO REQUEST NO. 77

12 13 14

Defendants will produce all documents responsive to this request by December 7, 2007. REQUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff

15

from June 14, 2006 to the present.

16

RESPONSE TO REQUEST NO. 78

17

Plaintiff has attempted to narrow this request but the revised request is broader, more

18

burdensome and less calculated to lead to the discovery of admissible evidence than the original

19

request. Defendants object to it for that reason. Defendants object to this request because it is

20

not reasonably calculated to lead to the discovery of admissible evidence and is burdensome.

21

Defendants also object to this request on the grounds that it seeks information that is shielded

22

from disclosure under HIPAA. There are thousands of placental evaluations for the time period

23

specified and they are not centrally filed or maintained. Locating ones conducted by Plaintiff

24

will require writing a computer program that will sort the files. After the files are sorted, it will

25

require a manual review of each file to find the placental evaluation. It will have to be copied

26

and redacted and copied again. Defendants estimate it will take approximately 90 days to

27

comply with this request. Without waiving these objections, Defendants will attempt to locate,

28

copy and produce the documents requested 32 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2 3 4

Document 227-2

Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. RESPONSE TO REQUEST NO. 79 After diligent search, Defendants’ have not been able to locate any documents that are responsive to this request.

6

REQUEST FOR PRODUCTION NO. 80

8 9 10

Page 57 of 182

REQUEST FOR PRODUCTION NO. 79

5

7

Filed 09/23/2008

Any and all DOCUMENTS RELATING TO Golden Empire Medical Group. RESPONSE TO REQUEST NO. 80 After diligent search, Defendants’ have not been able to locate any documents that are responsive to this request.

11 12 13 14

Dated: November 20, 2007

LAW OFFICES OF MARK A. WASSER

15 16 17 18

By:

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

19 20 21 22 23 24 25 26 27 28 33 DEFENDANTS’ RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 58 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 3:

27

Defendant’s First Supplemental Responses to RPD1

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

3

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

1 2 3 4 5 6 7 8

Document 227-2

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Page 59 of 182

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: [email protected] Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 1115 Truxton 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 13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15 16 17

Plaintiff,

18

vs.

19 20

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

DAVID F. JADWIN, D.O.

COUNTY OF KERN, et al., Defendants.

21 22 23

Case No. : 1:07-cv-00026-OWW-TAG DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) Date Action Filed: January 6, 2007 Trial Date: August 26, 2008

24

PROPOUNDING PARTY: Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

25

RESPONDING PARTY:

26

SET NUMBER:

Defendant COUNTY OF KERN

ONE (1)

27 28 1 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Filed 09/23/2008

Page 60 of 182

Defendants hereby submit these responses to Plaintiff David F. Jadwin’s Request for

2

Production of Documents, Set One. Defendants have not located all the documents that are

3

responsive to this request and, for that reason, many of the production dates set forth herein are

4

estimates. Defendants will supplement or amend this response, if necessary, as additional

5

documents are located and reviewed.

6 7 8 9 10

REQUEST FOR PRODUCTION NO. 1 Any and all DOCUMENTS RELATING TO the First Affirmative Defense listed in Defendants’ Answer to Plaintiff’s Second Supplemental Complaint. RESPONSE TO REQUEST NO. 1

11

Defendants object to this request on the grounds that it calls for the production of

12

documents that are protected by the attorney-work-product and attorney-client privileges.

13

Without waiving those objections, after diligent search, Defendants have not been able to locate

14

any documents that are responsive to this request.

15

REQUEST FOR PRODUCTION NO. 2

16

Any and all DOCUMENTS RELATING TO the Second Affirmative Defense listed in

17

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

18

RESPONSE TO REQUEST NO. 2

19

Defendants object to this request on the grounds that it calls for the production of

20

documents that are protected by the attorney-work-product and attorney-client privileges.

21

Without waiving those objections, after diligent search, Defendants have not been able to locate

22

any documents that are responsive to this request.

23

REQUEST FOR PRODUCTION NO. 3

24

Any and all DOCUMENTS RELATING TO the Third Affirmative Defense listed in

25

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

26

RESPONSE TO REQUEST NO. 3

27

Defendants object to this request on the grounds that it calls for the production of

28

documents that are protected by the attorney-work-product and attorney-client privileges. 2 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 61 of 182

1

Without waiving those objections, after diligent search, Defendants have not been able to locate

2

any documents that are responsive to this request.

3

REQUEST FOR PRODUCTION NO. 4

4

Any and all DOCUMENTS RELATING TO the Fourth Affirmative Defense listed in

5

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

6

RESPONSE TO REQUEST NO. 4

7

Defendants object to this request on the grounds that it calls for the production of

8

documents that are protected by the attorney-work-product and attorney-client privileges.

9

Without waiving those objections, after diligent search, Defendants have not been able to locate

10

any documents that are responsive to this request.

11

REQUEST FOR PRODUCTION NO. 5

12

Any and all DOCUMENTS RELATING TO the Fifth Affirmative Defense listed in

13

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

14

RESPONSE TO REQUEST NO. 5

15

Defendants object to this request on the grounds that it calls for the production of

16

documents that are protected by the attorney-work-product and attorney-client privileges.

17

Without waiving those objections, Defendants will produce all non-privileged documents

18

responsive to this request on or before December 21, 2007, depending on receipt of

19

reimbursement for estimated copy costs. This request is duplicative of other requests contained

20

in Plaintiff’s REQUEST FOR PRODUCTION, set one, and the documents produced in response

21

to this request may refer to the documents produced in response to other requests.

22

REQUEST FOR PRODUCTION NO. 6

23

Any and all DOCUMENTS RELATING TO the Sixth Affirmative Defense listed in

24

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

25

RESPONSE TO REQUEST NO. 6

26

Defendants object to this request on the grounds that it calls for the production of

27

documents that are protected by the attorney-work-product and attorney-client privileges.

28 3 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Page 62 of 182

1

Without waiving those objections, after diligent search, Defendants have not been able to locate

2

any documents that are responsive to this request.

3

REQUEST FOR PRODUCTION NO. 7

4

Any and all DOCUMENTS RELATING TO the Seventh Affirmative Defense listed in

5

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

6

RESPONSE TO REQUEST NO. 7

7

Defendants object to this request on the grounds that it calls for the production of

8

documents that are protected by the attorney-work-product and attorney-client privileges.

9

Without waiving those objections, after diligent search, Defendants have not been able to locate

10

any documents that are responsive to this request.

11

REQUEST FOR PRODUCTION NO. 8

12

Any and all DOCUMENTS RELATING TO the Eighth Affirmative Defense listed in

13

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

14

RESPONSE TO REQUEST NO. 8

15

Defendants object to this request on the grounds that it calls for the production of

16

documents that are protected by the attorney-work-product and attorney-client privileges.

17

Without waiving those objections, Defendants will produce all non-privileged documents

18

responsive to this request on or before December 21, 2007, depending on receipt of

19

reimbursement for estimated copy costs. This request is duplicative of other requests contained

20

in Plaintiff’s REQUEST FOR PRODUCTION, set one, and the documents produced in response

21

to this request may refer to the documents produced in response to other requests.

22

REQUEST FOR PRODUCTION NO. 9

23

Any and all DOCUMENTS RELATING TO the Ninth Affirmative Defense listed in

24

Defendants’ Answer to Plaintiff’s Second Supplemental Complaint.

25

RESPONSE TO REQUEST NO. 9

26

Defendants object to this request on the grounds that it calls for the production of

27

documents that are protected by the attorney-work-product and attorney-client privileges.

28 4 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Without waiving those objections, after diligent search, Defendants’ have not been able to locate

2

any documents that are responsive to this request

3

REQUEST FOR PRODUCTION NO. 10

4

Any and all DOCUMENTS RELATING TO YOUR organizational structure during

5

Plaintiff’s employment with YOU, including but not limited to organizational charts, diagrams

6

and drawings.

7

RESPONSE TO REQUEST NO. 10

8 9

Defendants will produce all documents responsive to this request. Production is expected to be complete on or about December 21, 2007, depending on receipt of reimbursement for

10

estimated copy costs.

11

REQUEST FOR PRODUCTION NO. 11

12

Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories

13

or lists, including but not limited to names, direct work phone numbers, departments, etc. which

14

were maintained by YOU during Plaintiff’s employment with YOU.

15

RESPONSE TO REQUEST NO. 11

16

Defendants will produce all non-privileged documents responsive to this request.

17

Production is expected to be complete on or about December 21, 2007, depending on receipt of

18

reimbursement for estimated copy costs. Defendants will redact privileged information as

19

appropriate.

20

REQUEST FOR PRODUCTION NO. 12

21

Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact

22

sheets, posters, employee and/or employer handbooks, training materials, and employee and/or

23

employer manuals maintained by YOU that YOU contend governed Plaintiff’s terms and

24

conditions of employment at any time during the period from October 1, 2000 to October 4,

25

2007. These include but are not limited to YOUR ordinances, Kern Medical Center’s

26

Administrative Procedures Manual, Kern Medical Center’s Policy & Administrative Procedures

27

Manual, policies RELATING TO disability discrimination, reasonable accommodation,

28

interactive process, personal leave, administrative leave, medical leave, retaliation, investigations 5 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 64 of 182

1

into complaints of unlawful employment practices, discipline of employees, investigation of

2

employees, appointment of Kern Medical Center acting department chairs, hiring of Kern

3

Medical Center department chairs, demotion of Kern Medical Center department chairs, and

4

policies RELATING TO Kern Medical Center’s Pathology Department.

5

RESPONSE TO REQUEST NO. 12

6

Defendants object to this request to the extent it requests documents that contain confidential

7

personnel information, documents protected from disclosure by state or federal law, including

8

HIPAA, the peer-review privilege and the personnel privilege, and documents that are subject to

9

the attorney-client privilege. Without waiving these objections, Defendants will produce

10

documents responsive to this request by December 21, 2007, depending on receipt of

11

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

12

personnel information as appropriate.

13

REQUEST FOR PRODUCTION NO. 13

14

Any and all DOCUMENTS RELATING TO YOUR personnel policies, guidelines, fact

15

sheets, posters, employee and/or employer handbooks, training materials, and employee and/or

16

employer manuals maintained by YOU that YOU contend was distributed or made available to

17

YOUR employees, whether management or non-management, from October 24, 2000 to the

18

present and the date of such asserted distribution. These include but are not limited to YOUR

19

ordinances, Kern Medical Center’s Administrative Procedures Manual, Kern Medical Center’s

20

Policy & Administrative Procedures Manual, policies RELATING TO disability discrimination,

21

reasonable accommodation, interactive process, personal leave, administrative leave, medical

22

leave, retaliation, investigations into complaints of unlawful employment practices, discipline of

23

employees, investigation of employees, appointment of Kern Medical Center acting department

24

chairs, hiring of Kern Medical Center department chairs, demotion of Kern Medical Center

25

department chairs, and policies RELATING TO Kern Medical Center’s Pathology Department.

26

RESPONSE TO REQUEST NO. 13

27

Defendants object to this request to the extent it requests documents that contain

28

confidential personnel information, documents protected from disclosure by state or federal law, 6 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Filed 09/23/2008

Page 65 of 182

1

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

2

subject to the attorney-client privilege Without waiving these objections, Defendants will

3

produce documents responsive to this request by December 21, 2007, depending on receipt of

4

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

5

personnel information as appropriate.

6

REQUEST FOR PRODUCTION NO. 14

7

Any and all DOCUMENTS RELATING TO peer review, quality management and

8

quality assurance policies and procedures at Kern Medical Center, included but not limited to

9

Kern Medical Center’s Quality Management and Performance Improvement Plan, from October

10

24, 2000 to the present, and the effective dates.

11

RESPONSE TO REQUEST NO. 14

12

Defendants object to this request to the extent it requests documents that contain

13

confidential personnel information, documents protected from disclosure by state or federal law,

14

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

15

subject to the attorney-client privilege. Without waiving these objections, Defendants will

16

produce documents responsive to this request by December 21, 2007, depending on receipt of

17

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

18

personnel information as appropriate.

19

REQUEST FOR PRODUCTION NO. 15

20 21

Any and all DOCUMENTS RELATING TO any training provided by YOU to YOUR officers, directors, agents or employees on the following subjects:

22

a) disability discrimination

23

b) accommodation of an employee’s disability

24

c) the interactive process regarding accommodation of an employee’s disability

25

d) medical leave rights

26

e) whistleblower retaliation

27

f) medical leave retaliation

28

g) due process required for demotion 7 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

1

h) due process required for pay cut

2

i) due process required for termination of employment

3

j) defamation

4

Fair Labor Standards Act

5

Page 66 of 182

RESPONSE TO REQUEST NO. 15

6

Defendants object to this request to the extent it requests documents that contain

7

confidential personnel information, documents protected from disclosure by state or federal law,

8

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

9

subject to the attorney-client privilege. Without waiving these objections, Defendants will

10

produce documents responsive to this request by December 21, 2007, depending on receipt of

11

reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as

12

appropriate.

13

REQUEST FOR PRODUCTION NO. 16 Any and all DOCUMENTS RELATING To the PERSONNEL FILES of the following

14 15

people.

16

a)

Plaintiff David F. Jadwin

17

b)

Elsa Ang

18

c)

Ellen Bunyi-Teopengco

19

d)

Philip Dutt

20

e)

Carol Gates

21

f)

Adam Lang

22

g)

Fangluo Liu

23

h)

Savita Shertukde

24

i)

Navin Amin

25

j)

Kathy Griffith

26

k)

Alice Hevle

27

l)

Denise Long

28

m)

Gilbert Martinez 8 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

n)

Albert McBride

2

o)

Javad Naderi

3

p)

Jane Thornton

4

q)

Nitin Athavale

5

r)

Chester Lau

6

s)

Jennifer J. Abraham

7

t)

Bernard C. Barmann

8

u)

Karen S. Barnes

9

v)

Peter K. Bryan

10

w)

David Culberson

11

x)

Irwin E. Harris

12

y)

Royce Johnson

13

z)

Eugene K. Kercher

14

aa)

Alan Scott Ragland

15

bb)

William Roy

16

cc)

Maureen Martin

17

dd)

Steven O‘Connor

18

ee)

Antoinette Smith

19

ff)

Edward Taylor

20

gg)

Marvin Kolb

21

hh)

Dianne McConnehey

22

ii)

Renita Nunn

23

jj)

Ravi Patel

24

kk)

Jose Perez

25

ll)

Evangeline Gallegos

26

mm)

Sergio Perticucci

27

nn)

Bonnie Quinonez

28

oo)

James Sproul

Document 227-2

Filed 09/23/2008

Page 67 of 182

9 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

pp)

Rebecca Rivera

2

qq)

Sheldon Freedman

3

rr)

Joseph Mansour

4

ss)

George Alkouri

5

tt)

Nicole Sharkey

6

Document 227-2

Filed 09/23/2008

Page 68 of 182

RESPONSE TO REQUEST NO. 16

7

Defendants have already produced the personnel file of David F. Jadwin. Defendants will

8

confirm that the personnel file previously produced was complete as of the time of its production

9

and, on or before December 21, 2007, will augment the documents previously produced with any

10

additional materials, if any, that have been added into Dr. Jadwin’s personnel file since the file

11

was produced. Plaintiff has narrowed the scope of this request by eliminating all other

12

documents initially requested.

13

REQUEST FOR PRODUCTION NO. 17

14

Any and all DOCUMENTS RELATING TO the search, recruitment, application,

15

interviewing, and hiring process that resulted in Plaintiff’s employment by YOU.

16

RESPONSE TO REQUEST NO. 17

17

Defendants object to this request to the extent it requests documents that contain

18

confidential personnel information, documents protected from disclosure by state or federal law,

19

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

20

subject to the attorney-client privilege. Without waiving these objections, Defendants will

21

produce all documents responsive to this request by December 21, 2007, depending on receipt of

22

reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as

23

appropriate.

24

REQUEST FOR PRODUCTION NO. 18

25

Any and all DOCUMENTS RELATING TO the terms, conditions and privileges of Plaintiff’s

26

employment with YOU.

27

RESPONSE TO REQUEST NO. 18

28 10 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Defendants will produce all documents responsive to this request by December 21, 2007,

2

depending on receipt of reimbursement for estimated copy costs.

3

REQUEST FOR PRODUCTION NO. 19

4

Any and all DOCUMENTS RELATING TO Plaintiff’s job duties and responsibilities for

5

each position held by Plaintiff during this employment with YOU.

6

RESPONSE TO REQUEST NO. 19

7

Defendants will produce all documents responsive to this request by December 21, 2007,

8

depending on receipt of reimbursement for estimated copy costs.

9

REQUEST FOR PRODUCTION NO. 20

10

Page 69 of 182

Any and all DOCUMENTS RELATING TO Plaintiff’s payroll, compensation, base

11

salary and “professional fee payments”, as that term is defined in Plaintiff’s employment

12

contracts with YOU, including but not limited to any and all changes in compensation and the

13

reasons for changes, throughout Plaintiff’s employment with YOU.

14

RESPONSE TO REQUEST NO. 20

15

Defendants will produce all documents responsive to this request by December 21, 2007,

16

depending on receipt of reimbursement for estimated copy costs.

17

REQUEST FOR PRODUCTION NO. 21

18

Any and all DOCUMENTS RELATING TO YOUR policies, guidelines and practices

19

regarding base salary steps, salary guidelines, deferred compensation plans, pension plans, health

20

insurance and employment benefits applicable to Plaintiff’s position s held throughout his

21

employment with YOU.

22

RESPONSE TO REQUEST NO. 21

23

Defendants will produce all documents responsive to this request by December21, 2007,

24

depending on receipt of reimbursement for estimated copy costs.

25

REQUEST FOR PRODUCTION NO. 22

26

Any and all DOCUMENTS RELATING TO Plaintiff’s work schedule and/or removal

27

therefrom, including but not limited to timesheets, from October 24, 2000 to present.

28

RESPONSE TO REQUEST NO. 22 11 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Defendants will produce all documents responsive to this request by December 21, 2007,

2

depending on receipt of reimbursement for estimated copy costs.

3

REQUEST FOR PRODUCTION NO. 23

4

Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt’s timesheets from April 20

5

2005 to the present.

6

RESPONSE TO REQUEST NO. 23

7

Page 70 of 182

Defendants will produce all documents responsive to this request by December 21, 2007,

8

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

9

privileged information, if any as appropriate.

10

REQUEST FOR PRODUCTION NO. 24

11

Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde’s timesheets, from

12

January 4, 2005 to present.

13

RESPONSE TO REQUEST NO. 24

14

Defendants will produce all documents responsive to this request by December 21, 2007,

15

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

16

privileged information, if any, as appropriate

17

REQUEST FOR PRODUCTION NO. 25

18

Any and all DOCUMENTS RELATING TO performance reviews, comments,

19

complaints, warnings, reprimands, counseling, advisory notices or evaluations of Plaintiff’s

20

performance of his job duties throughout his employment with YOU, whether formal or

21

informal.

22

RESPONSE TO REQUEST NO. 25

23

Defendants object to this request to the extent it requests documents that contain

24

information protected by the attorney-client privilege. Without waiving that objection,

25

Defendants will produce all documents responsive to this request by December 21, 2007,

26

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

27

privileged information, if any, as appropriate.

28

REQUEST FOR PRODUCTION NO. 26 12 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 71 of 182

Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his

2

employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written

3

materials, and computer files stored on Plaintiff’s computer at Kern Medical Center’s servers.

4

RESPONSE TO REQUEST NO. 26

5

Defendants object to this request to the extent it requests documents that contain

6

confidential personnel information, documents protected from disclosure by state or federal law,

7

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

8

subject to the attorney-client privilege. After diligent search, Defendants believe Groupwise

9

calendar information was deleted many months ago as part of the routine 90-day cycling of the

10

Groupwise software. Defendants are continuing to search for materials that were on the computer

11

that was assigned to Plaintiff. Some material was archived before the computer was reassigned

12

and Defendants will produce copies of the material that was archived by December 21, 2007,

13

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

14

privileged information, if any, as appropriate.

15

REQUEST FOR PRODUCTION NO. 27

16

Any and all DOCUMENTS RELATING TO any meetings RELATING TO Plaintiff or

17

Plaintiff’s employment at Kern Medical Center.

18

RESPONSE TO REQUEST NO. 27

19

Defendants object to this request to the extent it requests documents that contain

20

information protected by the attorney-client privilege. Without waiving that objection,

21

Defendants will produce documents responsive to this request by December 21, 2007, depending

22

on receipt of reimbursement for estimated copy costs. Defendants will redact privileged

23

information, if any, as appropriate.

24

REQUEST FOR PRODUCTION NO. 28

25

Any and all DOCUMENTS RELATING TO performance reviews, comments,

26

complaints, warnings, reprimands, counseling, advisory notices or evaluations of the Kern

27

Medical Center Pathology Department, whether formal or informal, from October 24, 1995 to

28

the present. 13 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 72 of 182

RESPONSE TO REQUEST NO. 28

2

Defendants object to this request to the extent it requests documents that contain

3

confidential personnel information, documents protected from disclosure by state or federal law,

4

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

5

subject to the attorney-client privilege. Without waiving that objection, Defendants will produce

6

documents responsive to this request by December 21, 2007, depending on receipt of

7

reimbursement for estimated copy costs. Defendants will redact privileged information, if any, as

8

appropriate.

9

REQUEST FOR PRODUCTION NO. 29

10

Any and all DOCUMENTS RELATING TO Plaintiff’s complaints of:

11

a) disability discrimination

12

b) failure to accommodate

13

c) failure to engage in an interactive process

14

d) violation of medical leave rights

15

e) whistleblower retaliation

16

f) medical leave retaliation

17

g) deprivation of property without due process

18

h) defamation

19

i) Fair Labor Standards Act violations

20 21

RESPONSE TO REQUEST NO. 29 Defendants object to this request to the extent it requests documents that contain

22

information protected by the attorney-client privilege. Without waiving that objection,

23

Defendants will produce documents responsive to this request by December 21, 2007, depending

24

on receipt of reimbursement for estimated copy costs. Defendants will redact confidential peer

25

review and personnel information as appropriate.

26

REQUEST FOR PRODUCTION NO. 30

27

Any and all DOCUMENTS RELATING TO any investigation of Plaintiff’s complaints

28

of disability discrimination, failure to accommodate, failure to engage in an interactive process, 14 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 73 of 182

1

violation of medical leave rights, whistleblower retaliation, medical leave retaliation, defamation

2

and/or deprivation of property without due process.

3

RESPONSE TO REQUEST NO. 30

4

Defendants object to this request to the extent it requests documents that contain

5

information protected by the attorney-client privilege. Without waiving that objection,

6

Defendants will produce documents responsive to this request by December 21, 2007, depending

7

on receipt of reimbursement for estimated copy costs Defendants will redact confidential peer

8

review and personnel information as appropriate.

9

REQUEST FOR PRODUCTION NO. 31

10

Any and all DOCUMENTS RELATING TO any procedures available to YOUR

11

employees to complain of corruption, fraud and other wrongful, illegal or unethical conduct, that

12

YOU contend was distributed or made available to YOUR employees, whether management or

13

non-management, from October 24, 2000 to the present, and the date of such asserted

14

distribution(s).

15

RESPONSE TO REQUEST NO. 31

16

Defendants will produce all documents responsive to this request by December 21, 2007

17

depending on receipt of reimbursement for estimated copy costs

18

REQUEST FOR PRODUCTION NO. 32

19

Any and all DOCUMENTS RELATING TO YOUR discipline of any employee against

20

whom a complaint or grievance of discrimination, harassment, defamation, retaliation, failure to

21

accommodate, and/or failure to engage in an interactive process in their employment was made

22

from October 24, 2000 to date.

23

RESPONSE TO REQUEST NO. 32

24

Defendants object to this request on the grounds that it requests documents that contain

25

confidential personnel information, documents protected from disclosure by state or federal law,

26

including HIPAA, the peer-review privilege and the personnel privilege, and documents that

27

contain information protected by the attorney-client privilege. Defendants do not believe these

28 15 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 74 of 182

1

objections can be resolved by redaction. Defendants also object on the grounds that the request is

2

not reasonably calculated to lead to the discovery of admissible evidence.

3

REQUEST FOR PRODUCTION NO. 33

4

Any and all DOCUMENTS RELATING TO complaints or grievances made by YOUR

5

past or present employees against YOU for defamation, retaliation, disability discrimination,

6

failure to accommodate, and/or failure to engage in an interactive process, including but not

7

limited to any informal or internal complaints, grievances or charges to any state or federal

8

agency, and complaints filed in any state or federal court from October 24, 2000 to date.

9

RESPONSE TO REQUEST NO. 33

10

Defendants object to this request on the grounds that it calls for the production of

11

documents that contain confidential personnel information that is not relevant to any issues in

12

this case. Consequently, this request is not reasonably calculated to lead to the discovery of

13

admissible evidence. Defendants also object on the ground that the phrase, “informal or internal

14

complaints” is vague and, depending on interpretation, could include any off-hand gripe by any

15

employee, to the extent it was memorialized in writing. Defendant County of Kern employs

16

several thousand employees. In the past seven years, there could be many documents that fit the

17

description of this request yet none have anything to do with the issues in this case. This request

18

is, accordingly, overbroad and burdensome. Defendants do not believe redaction would resolve

19

these objections.

20

REQUEST FOR PRODUCTION NO. 34

21

Any and all DOCUMENTS RELATING TO any complaints or grievances made to YOU

22

by Plaintiff

23

RESPONSE TO REQUEST NO. 34

24

Defendants believe all documents responsive to this request have been previously

25

produced. Defendants will confirm this or produce additional documents, if there are any, by

26

December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

27

REQUEST FOR PRODUCTION NO. 35

28 16 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 75 of 182

Any and all DOCUMENTS RELATING TO Plaintiff which YOU sent to or received

2

from any governmental or regulatory authority, including but not limited to the California

3

Department of Fair Employment and Housing, the California Labor and Workforce Development

4

Agency, and the U.S. Department of Labor.

5

RESPONSE TO REQUEST NO. 35

6

Defendants believe all documents responsive to this request have been previously

7

produced. Defendants will confirm this or produce additional documents, if there are any, by

8

December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

9

REQUEST FOR PRODUCTION NO. 36

10

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and

11

evaluation of candidates for the position of staff pathologist at Kern Medical Center during the

12

period from January 1, 2006 to present.

13

RESPONSE TO REQUEST NO. 36

14

Defendants object to this request on the grounds that it calls for the production of

15

documents that contain confidential personnel information that is not relevant to any issues in

16

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

17

Defendants also object to this request to the extent it requests information protected from

18

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

19

privilege, and documents that contain information protected by the attorney-client privilege.

20

After review of the documents potentially responsive to this request, Defendants have

21

determined that the burden of redacting privileged information outweighs the marginal relevancy

22

of the remaining information in the documents.

23

REQUEST FOR PRODUCTION NO. 37

24

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and

25

evaluation of candidates for the position of Chair or Chief of Pathology at Kern Medical Center

26

during the period from January 1, 2006 to present.

27

RESPONSE TO REQUEST NO. 37

28 17 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 76 of 182

Defendants object to this request on the grounds that it calls for the production of

2

documents that contain confidential personnel information that is not relevant to any issues in

3

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

4

Defendants also object to this request to the extent it requests information protected from

5

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

6

privilege, and documents that contain information protected by the attorney-client privilege.

7

Without waiving those objections, after diligent search, Defendants have not been able to locate

8

any documents that are responsive to this request.

9

REQUEST FOR PRODUCTION NO. 38

10

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and

11

evaluation of candidates for the position of locum tenens pathologist at Kern Medical Center

12

during the period from January 1, 2006 to present.

13

RESPONSE TO REQUEST NO. 38

14

Defendants object to this request on the grounds that it calls for the production of

15

documents that contain confidential personnel information that is not relevant to any issues in

16

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

17

Defendants also object to this request to the extent it requests information protected from

18

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

19

privilege, and documents that contain information protected by the attorney-client privilege.

20

After review of the documents potentially responsive to this request, Defendants have

21

determined that the burden of redacting privileged information outweighs the marginal relevancy

22

of the remaining information in the documents.

23

REQUEST FOR PRODUCTION NO. 39

24

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and

25

evaluation of candidates for the position of Chair or Chief of OB-GYN at Kern Medical Center

26

during the period from January 1, 2006 to present.

27

RESPONSE TO REQUEST NO. 39

28 18 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Document 227-2

Filed 09/23/2008

Page 77 of 182

Defendants object to this request on the grounds that it calls for the production of

2

documents that contain confidential personnel information that is not relevant to any issues in

3

this case and is not reasonably calculated to lead to the discovery of admissible evidence

4

Defendants also object to this request to the extent it requests information protected from

5

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

6

privilege, and documents that contain information protected by the attorney-client privilege.

7

After review of the documents potentially responsive to this request, Defendants have

8

determined that the burden of redacting privileged information outweighs the marginal relevancy

9

of the remaining information in the documents.

10 11

REQUEST FOR PRODUCTION NO. 40 Any and all DOCUMENTS RELATING TO YOUR removal of Dr. Royce Johnson from

12

the position of Chair or Chief of Medicine at Kern Medical Center.

13

RESPONSE TO REQUEST NO. 40

14

Defendants object to this request on the grounds that it calls for the production of

15

documents that contain confidential personnel information that is not relevant to any issues in

16

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

17

Defendants also object to this request to the extent it requests information protected from

18

disclosure by state or federal law, including HIPAA and the peer review privilege, and

19

documents that are subject to the attorney-client privilege.

20

REQUEST FOR PRODUCTION NO. 41

21

Any and all DOCUMENTS RELATING TO YOUR search for, recruitment, of and

22

evaluation of candidates for the position of Chair or Chief of Medicine at Kern Medical Center

23

during the period from October 24, 2000 to present.

24

RESPONSE TO REQUEST NO. 41

25

Defendants object to this request on the grounds that it calls for the production of

26

documents that contain confidential personnel information that is not relevant to any issues in

27

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

28

Defendants also object to this request to the extent it requests information protected from 19 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

2

privilege, and documents that contain information protected by the attorney-client privilege.

3

After review of the documents potentially responsive to this request, Defendants have

4

determined that the burden of redacting privileged information outweighs the marginal relevancy

5

of the remaining information in the documents.

6

REQUEST FOR PRODUCTION NO. 42

7

Any and all DOCUMENTS RELATING TO presentations made at the Kern Medical

8

Center oncology conference in May 2005, including but not limited to participant evaluation

9

forms.

10 11

RESPONSE TO REQUEST NO. 42 Defendants object to this request on the grounds that it calls for the production of

12

documents that contain confidential personnel information that is not relevant to any issues in

13

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

14

Defendants also object to this request to the extent it requests information protected from

15

disclosure by state or federal law, including HIPAA and the peer review privilege, and

16

documents that are subject to the attorney-client privilege. Without waving these objections,

17

Defendants will produce non-privileged documents responsive to this request, if any, by

18

December 21, 2007. Defendants will redact privileged, if any, information as appropriate.

19

REQUEST FOR PRODUCTION NO. 43

20

Any and all DOCUMENTS RELATING TO Plaintiff’s presentations made at the Kern

21

Medical Center oncology conference on or about October 12, 2005.

22

RESPONSE TO REQUEST NO. 43

23

Defendants object to this request on the grounds that it calls for the production of

24

documents that contain confidential personnel information that is not relevant to any issues in

25

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

26

Defendants also object to this request to the extent it requests information protected from

27

disclosure by state or federal law, including HIPAA and the peer review privilege, and

28

documents that are subject to the attorney-client privilege. Without waving these objections, 20 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Defendants will produce non-privileged documents responsive to this request, if any, by

2

December21, 2007. Defendants will redact privileged, if any, information as appropriate.

3

REQUEST FOR PRODUCTION NO. 44 Any and all DOCUMENTS RELATING TO YOUR decision to demote Plaintiff from

4 5

Chair of Kern Medical Center’s Pathology Department to staff pathologist.

6

RESPONSE TO REQUEST NO. 44

7

Defendants object to this request to the extent it requests documents that are privileged

8

under the attorney-client privilege. Without waiving this objection Defendants will produce all

9

non-privileged documents responsive to this request by December21, 2007, depending on receipt

10

of reimbursement for estimated copy costs.

11

REQUEST FOR PRODUCTION NO. 45

12

Any and all DOCUMENTS RELATING To the “packets containing information about

13

Dr. Jadwin” which Peter Bryan collected at the end of Kern Medical Center’s Joint Conference

14

Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10,

15

2006.

16

RESPONSE TO REQUEST NO. 45

17

Defendants are searching for documents responsive to this request. Because of

18

administrative and management changes at Kern Medical Center, it may not be possible to

19

reconstruct the “packets” requested. Defendants object to this request to the extent it requests

20

information protected by the peer-review or attorney-client privileges. Defendants also object to

21

this request to the extent it seeks documents that contain confidential personnel information.

22

Without waiving these objections, and to the extent that the “packets” can be reconstructed,

23

Defendants will produce all documents responsive to this request, if any, by December21, 2007,

24

depending on receipt of reimbursement for estimated copy costs.

25

REQUEST FOR PRODUCTION NO. 46

26

Any and all DOCUMENTS RELATING TO YOUR decision to place Plaintiff on administrative

27

leave on or about December 7, 2006.

28

RESPONSE TO REQUEST NO. 46 21 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Filed 09/23/2008

Page 80 of 182

Defendants object to this request to the extent it requests information protected by the

2

attorney-client privilege. Without waiving that objection, Defendants believe all documents

3

responsive to this request have been previously produced. Defendants will confirm this or

4

produce additional documents, if there are any, by December21, 2007, depending on receipt of

5

reimbursement for estimated copy costs.

6

REQUEST FOR PRODUCTION NO. 47

7

Any and all DOCUMENTS RELATING TO YOUR decision to restrict Plaintiff to his

8

home during working hours from on or about December 7, 2006 to on or about May 1, 2007

9

while he was on administrative leave.

10

RESPONSE TO REQUEST NO. 47

11

Defendants believe all documents responsive to this request have been previously

12

produced. Defendants will confirm this or produce additional documents, if there are any, by

13

December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

14

REQUEST FOR PRODUCTION NO. 48

15

Any and all DOCUMENTS RELATING TO YOUR decision to lift the restriction of

16

Plaintiff to his home during working hours from on or about December 7, 2006 to on or about

17

May 1, 2007 white he was on administrative leave.

18

RESPONSE TO REQUEST NO. 48

19

Defendants believe all documents responsive to this request have been previously

20

produced to Plaintiff. Defendants will confirm this or produce additional documents, if there are

21

any, by December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

22

REQUEST FOR PRODUCTION NO. 49

23

Any and all DOCUMENTS RELATING TO YOUR decision not to renew Plaintiff’s

24

employment contract with YOU that was purportedly made on or about May 1, 2007.

25

RESPONSE TO REQUEST NO. 49

26

Defendants object to this request to the extent it requests information protected by the attorney-

27

client privilege. Without waiving that objection, Defendants believe all documents responsive to

28

this request have been previously produced. Defendants will confirm this or produce additional 22 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

documents, if there are any, by December 21, 2007, depending on receipt of reimbursement for

2

estimated copy costs.

3

REQUEST FOR PRODUCTION NO. 50

4

Any and all DOCUMENTS RELATING TO any discipline, coaching. reprimand or

5

corrective action taken against Plaintiff by YOU.

6

RESPONSE TO REQUEST NO. 50

7

Defendants believe all documents responsive to this request have been previously

8

produced. Defendants will confirm this or produce additional documents, if there are any, by

9

December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

10 11

REQUEST FOR PRODUCTION NO. 51 Any and all DOCUMENTS RELATING TO Kern Medical Center’s Disruptive Physician

12

Policy, including but not limited to Bylaw Committee meeting minutes.

13

RESPONSE TO REQUEST NO. 51

14

Defendants object to this request to the extent it requests documents that contain confidential

15

personnel information, documents protected from disclosure by state or federal law, including

16

HIPAA and the peer-review privilege, and documents protected by the attorney-client privilege.

17

Without waiving these objections, Defendants will produce documents responsive to this request

18

by December 21, 2007, depending on receipt of reimbursement for estimated copy costs.

19

Defendants will redact confidential peer review and personnel information as appropriate. This

20

request is also vague because Defendants are not aware of any connection between the

21

Disruptive Physician Policy and the Bylaw Committee meeting minutes.

22

REQUEST FOR PRODUCTION NO. 52

23

Any and all DOCUMENTS RELATING TO Dr. Rebecca Rivera’s lawsuit against Kern

24

Medical Center filed in Kern County California Superior Court.

25

RESPONSE TO REQUEST NO. 52

26

Plaintiff has narrowed this request to eliminate any documents that have been filed with

27

the Kern County Superior Court. As so limited, this request seeks documents in the County

28

Counsel’s litigation file, many of which are protected by the attorney work-product and attorney23 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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Filed 09/23/2008

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1

client privileges. To the extent this request seeks information that is protected by the attorney-

2

client privilege, Defendants object to it. Defendants also object to this request on the grounds

3

that it is not reasonably calculated to lead to the discovery of admissible evidence. Defendants

4

are in the process of reviewing documents that may be responsive to this request and, without

5

waiving these objections, will produce non-privileged documents, if any, by December 21, 2007,

6

depending on receipt of reimbursement for estimated copy costs. Defendants may redact

7

privileged information if appropriate.

8

REQUEST FOR PRODUCTION NO. 53

9

Any and all DOCUMENTS RELATING TO services provided to YOU by the Camden

10

Group RELATING TO Kern Medical Center.

11

RESPONSE TO REQUEST NO. 53

12

Defendants believe all documents responsive to this request have been previously produced.

13

Defendants will confirm this or produce additional documents, if there are any, by December21,

14

2007, depending on receipt of reimbursement for estimated copy costs.

15

REQUEST FOR PRODUCTION NO. 54

16

Any and all DOCUMENTS RELATING TO statistics maintained by YOU RELATING

17

TO patient fatalities at Kern Medical Center from October 24, 2000 to the present.

18

RESPONSE TO REQUEST NO. 54

19

Defendants object to this request on the grounds that it calls for the production of

20

documents that contain confidential personnel information that is not relevant to any issues in

21

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

22

Defendants also object to this request to the extent it requests information protected from

23

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

24

privilege, and documents that contain information protected by the attorney-client privilege.

25

After review of the documents potentially responsive to this request, Defendants have

26

determined that the burden of redacting privileged information outweighs the marginal relevancy

27

of the remaining information in the documents.

28

REQUEST FOR PRODUCTION NO. 55 24 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Filed 09/23/2008

Page 83 of 182

Any and all DOCUMENTS RELATING TO the review of Kern Medical Center’s

2

placental evaluations and billing activity as conducted by outside consultants, including but not

3

limited to ProPay Physician Services, LLC, from October 24, 2000 to the present.

4

RESPONSE TO REQUEST NO. 55

5

Defendants object to this request on the grounds that it calls for the production of

6

documents that contain confidential personnel information that is not relevant to any issues in

7

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

8

Defendants also object to this request to the extent it requests information protected from

9

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

10

privilege, and documents that contain information protected by the attorney-client privilege.

11

After review of the documents potentially responsive to this request, Defendants have

12

determined that the burden of redacting privileged information outweighs the marginal relevancy

13

of the remaining information in the documents.

14

REQUEST FOR PRODUCTION NO. 56

15

Any and all DOCUMENTS RELATING TO blood bank monthly reports, included but

16

not limited to reports generated by Michelle Burris, from January 2006 to present.

17

RESPONSE TO REQUEST NO. 56

18

Defendants object to this request on the grounds that it calls for the production of

19

documents that contain confidential personnel information that is not relevant to any issues in

20

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

21

Defendants also object to this request to the extent it requests information protected from

22

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

23

privilege, and documents that contain information protected by the attorney-client privilege.

24

After review of the documents potentially responsive to this request, Defendants have

25

determined that the burden of redacting privileged information outweighs the marginal relevancy

26

of the remaining information in the documents.

27

REQUEST FOR PRODUCTION NO. 57

28 25 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Page 84 of 182

Any and all DOCUMENTS RELATING TO product chart copy-related quality assurance

2

reports from October 24, 2000 to the present.

3

RESPONSE TO REQUEST NO. 57

4

Filed 09/23/2008

Defendants object to this request on the grounds that it calls for the production of

5

documents that contain confidential personnel information that is not relevant to any issues in

6

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

7

Defendants also object to this request to the extent it requests information protected from

8

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

9

privilege, and documents that contain information protected by the attorney-client privilege.

10

After review of the documents potentially responsive to this request, Defendants have

11

determined that the burden of redacting privileged information outweighs the marginal relevancy

12

of the remaining information in the documents.

13

REQUEST FOR PRODUCTION NO. 58

14

Any and all DOCUMENTS RELATING TO prostate needle biopsy reports produced by

15

Dr. Elsa Ang for which Plaintiff had requested a lookback study in October 2005.

16

RESPONSE TO REQUEST NO. 58

17

Defendants object to the request on the grounds that it calls for the production of

18

documents that contain confidential personnel information that is not relevant to any issues in

19

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

20

Defendants also object to this request to the extent it requests information protected from

21

disclosure by state or federal law, including HIPAA. the peer-review privilege and the personnel

22

privilege, and documents that contain information protected by the attorney-client privilege.

23

After review of the documents potentially responsive to this request, Defendants have

24

determined that the burden of redacting privileged information outweighs the marginal relevancy

25

of the remaining information in the documents.

26

REQUEST FOR PRODUCTION NO. 59

27 28

Any and all DOCUMENTS RELATING TO sign-in sheets for Kern Medical Center’s Cancer Clinic from January 1, 2003 to the present. 26 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 85 of 182

RESPONSE TO REQUEST NO. 59

2

Defendants will produce all documents responsive to this request by December 21, 2007,

3

depending on receipt of reimbursement for estimated copy costs.

4

REQUEST FOR PRODUCTION NO. 60

5

Any and all DOCUMENTS RELATING TO Workplace Violence or Threat Incident

6

Reports for all Kern Medical Center personnel from October 24, 2000 to the present.

7

RESPONSE TO REQUEST NO. 60

8

Defendants object to this request to the extent it seeks documents that contain

9

confidential personnel information or information protected by the attorney-client privilege.

10

Defendants also object to the extent the documents contain information protected by the peer-

11

review privilege and on the grounds that the request is not reasonably calculated to lead to the

12

discovery of admissible evidence. Without waiving these objections, Defendants will produce all

13

documents responsive to this request by December 21, 2007, depending on receipt of

14

reimbursement for estimated copy costs. Defendants will redact confidential or privileged

15

information as appropriate.

16

REQUEST FOR PRODUCTION NO. 61

17

Any and all DOCUMENTS RELATING TO Fine Needle Aspiration policies at Kern

18

Medical Center from October 24, 2000 to the present, including but not limited to

19

DOCUMENTS RELATING TO the outside consultant study conducted by Dr. David Lieu in

20

2004.

21

RESPONSE TO REQUEST NO. 61

22

Defendants object to this request to the extent it seeks documents that contain

23

confidential personnel information or information protected by the attorney-client privilege.

24

Defendants also object to the extent the documents contain information protected by the peer-

25

review privilege and on the grounds that the request is not reasonably calculated to lead to the

26

discovery of admissible evidence. Without waiving these objections, Defendants will produce all

27

documents responsive to this request by December21, 2007, depending on receipt of

28 27 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 86 of 182

1

reimbursement for estimated copy costs. Defendants will redact confidential or privileged

2

information as appropriate.

3

REQUEST FOR PRODUCTION NO. 62

4

Any and all DOCUMENTS RELATING TO Peter Bryan’s appointment calendar from

5

January 1, 2004 to September 1, 2006.

6

RESPONSE TO REQUEST NO. 62

7

After diligent search, Defendants have determined that the Groupwise calendar

8

information was deleted many months ago as part of the routine 90-day cycling of the Groupwise

9

software. Defendants believe there are no documents responsive to this request.

10 11 12

REQUEST FOR PRODUCTION NO. 63 Any and all DOCUMENTS RELATING TO meeting minutes for the following Kern Medical Center committees or groups from October 24, 2000 to the present:

13

a)

Medical Executive Committee

14

h)

Joint Conference Committee

15

c)

Quality Management Committee

16

d)

Cancer Committee

17

c)

Second Level Peer Review Committee

18

f)

Transfusion Committee

19

g)

Executive Staff Meetings

20

RESPONSE TO REQUEST NO. 63

21

Defendants object to this request to the extent it requests documents that contain

22

confidential personnel information, documents protected from disclosure by state or federal law,

23

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

24

subject to the attorney-client privilege. Without waiving these objections, Defendants will

25

produce documents responsive to this request by December 21, 2007, depending on receipt of

26

reimbursement for estimated copy costs, Defendants will redact confidential peer review

27

and personnel information as appropriate.

28

REQUEST FOR PRODUCTION NO. 64 28 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Any and all DOCUMENTS RELATING TO policies of Kern Medical Center’s

2

Pathology Department from October 24, 2000 to the present.

3

RESPONSE TO REQUEST NO. 64

4

Page 87 of 182

Defendants will produce all documents responsive to this request by December 21, 2007,

5

depending on receipt of reimbursement for estimated copy costs.

6

REQUEST FOR PRODUCTION NO. 65

7

Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s

8

Pathology Department from January 1, 1999 to the present, including but not limited to

9

corresponding Kern Medical Center pathology reports and reports from outside consultants.

10

RESPONSE TO REQUEST NO. 65

11

Defendants object to this request to the extent it requests documents that contain

12

confidential personnel information, documents protected from disclosure by state or federal law,

13

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

14

subject to the attorney-client privilege. Without waiving these objections, Defendants will

15

produce documents responsive to this request by December 21, 2007, depending on receipt of

16

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

17

personnel information as appropriate.

18

REQUEST FOR PRODUCTION NO. 66

19

Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and

20

logs— by pathologist — for pathology reports processed at Kern Medical Center, including but

21

not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time

22

period from January 1, 1999 to the present.

23

RESPONSE TO REQUEST NO. 66

24

Defendants object to this request to the extent it requests documents that contain

25

confidential personnel information, documents protected from disclosure by state or federal law,

26

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

27

subject to the attorney-client privilege. Without waiving these objections, Defendants will

28

produce documents responsive to this request by December 21, 2007, depending on receipt of 29 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 88 of 182

1

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

2

personnel information as appropriate.

3

REQUEST FOR PRODUCTION NO. 67

4

Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time

5

reports and logs — for Kern Medical Center’s Pathology Department as a whole — for

6

pathology reports processed at Kern Medical Center including but riot limited to surgical

7

pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the

8

present.

9

RESPONSE TO REQUEST NO. 67

10

Defendants object to this request to the extent it requests documents that contain

11

confidential personnel information, documents protected from disclosure by state or federal jaw,

12

including HIPAA, the peer-review privilege and the personnel privilege, and documents that are

13

subject to the attorney-client privilege. Without waiving these objections, Defendants will

14

produce documents responsive to this request by December 21, 2007, depending on receipt of

15

reimbursement for estimated copy costs. Defendants will redact confidential peer review and

16

personnel information as appropriate.

17

REQUEST FOR PRODUCTION NO. 68

18

Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored,

19

reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review

20

from June 14, 2006 to the present.

21

RESPONSE TO REQUEST NO. 68

22

Defendants object to this request to the extent it requests documents that contain

23

privileged peer review information. Without waiving this objection Defendants will produce all

24

documents responsive to this request by December 21, 2007, depending on receipt of

25

reimbursement for estimated copy costs. Defendants will redact all privileged information as

26

REQUEST FOR PRODUCTION NO. 69

27 28

Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers 305-4131, 306-4519, 306-5229, 306-73276. 30 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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1

Document 227-2

Filed 09/23/2008

Page 89 of 182

RESPONSE TO REQUEST NO. 69

2

Plaintiff has amended this request by clarifying that Case NO. 306-73276 relates to Case

3

Nos. S06-495. 506-3511 and 506-4619. Defendants renew their objections to this request on the

4

grounds that it requests documents that contain confidential information under HIPAA.

5

Defendants also object to the extent that it requests documents that contain privileged peer-

6

review information. Without waiving these objections Defendants will produce all documents

7

responsive to this request by December 21, 2007, depending on receipt of reimbursement for

8

estimated copy costs. Defendants will redact confidential and privileged information as

9

appropriate.

10 11

REQUEST FOR PRODUCTION NO. 70 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical

12

Center’s Pathology Department during the time period from January 1, 1995 to the present,

13

including but not limited to computer-generated data, monthly peer review records completed by

14

pathologists, and peer review comment sheets that are completed by pathologists upon discovery

15

of a discrepancy.

16

RESPONSE TO REQUEST NO. 70

17

Defendants object to this request on the grounds that it calls for the production of

18

documents that contain confidential personnel information that is Not relevant to any issues in

19

this Case and is not reasonably calculated to lead to the discovery of admissible evidence.

20

Defendants also object to this request to the extent it requests information protected from

21

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

22

privilege, and documents that contain information protected by the attorney-client privilege.

23

After review of the documents potentially responsive to this request, Defendants have

24

determined that the burden of redacting privileged information outweighs the marginal relevancy

25

of the remaining information in the documents.

26

REQUEST FOR PRODUCTION NO. 71

27 28

Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. 31 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1 2

Document 227-2

Filed 09/23/2008

Page 90 of 182

RESPONSE TO REQUEST NO. 71 Defendants object to this request on the grounds that it calls for the production of

3

documents that contain confidential personnel information that is not relevant to any issues in

4

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

5

Defendants also object to this request to the extent it requests information protected from

6

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

7

privilege, and documents that contain information protected by the attorney-client privilege.

8

After review of the documents potentially responsive to this request, Defendants have

9

determined that the burden of redacting privileged information outweighs the marginal relevancy

10

of the remaining information in the documents.

11

REQUEST FOR PRODUCTION NO. 72

12

Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical

13

Center’s Pathology Department from January 1, 2006 to present.

14

RESPONSE TO REQUEST NO. 72

15

Defendants object to this request on the grounds that it calls for the production of

16

documents that contain confidential personnel information that is not relevant to any issues in

17

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

18

Defendants also object to this request to the extent it requests information protected from

19

disclosure by state or federal law, including HIPAA, the peer-review privilege and the personnel

20

privilege, and documents that contain information protected by the attorney-client privilege.

21

After review of the documents potentially responsive to this request, Defendants have

22

determined that the burden of redacting privileged information outweighs the marginal relevancy

23

of the remaining information in the documents.

24

REQUEST FOR PRODUCTION NO. 73

25

Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from

26

January 1, 2006 to the present.

27

RESPONSE TO REQUEST NO. 73

28 32 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

1

Document 227-2

Filed 09/23/2008

Page 91 of 182

Defendants object to this request on the grounds that it calls for the production of

2

documents that contain confidential personnel information that is not relevant to any issues in

3

this case and is not reasonably calculated to lead to the discovery of admissible evidence.

4

Defendants also object to this request to the extent it requests information protected from

5

disclosure by state or federal law, including HIPAA. the peer-review privilege and the personnel

6

privilege, and documents that contain information protected by the attorney-client privilege.

7

After review of the documents potentially responsive to this request, Defendants have

8

determined that the burden of redacting privileged information outweighs the marginal relevancy

9

of the remaining information in the documents.

10

REQUEST FOR PRODUCTION NO. 74

11

Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology

12

Department by outside consultants, including but not limited to Dr. Stacey Garry, from October

13

24, 2000 to the present

14

RESPONSE TO REQUEST NO. 74

15

Defendants object to this request to the extent it requests documents that contain

16

information that is confidential under HIPAA. Defendants also object to the extent that it

17

requests documents that contain privileged peer-review information. Without waiving these

18

objections Defendants will produce all documents responsive to this request by December 21,

19

2007, depending on receipt of reimbursement for estimated copy costs. Defendants will redact

20

confidential and privileged information as appropriate.

21

REQUEST FOR PRODUCTION NO. 75

22

Any and all DOCUMENTS RELATING TO Kern Medical Center laboratory personnel

23

defections from June 14, 2006 to the present, including but not limited to exit interview notes.

24

RESPONSE TO REQUEST NO. 75

25

Defendants object to this request on the grounds that it is vague. Defendants do not know

26

what “personnel defections” means. If Plaintiff intends to request a list of employees who have

27

separated from County employment or transferred out of the pathology laboratory, Defendants

28

can prepare such a list but Defendants believe such a list will need to be redacted to remove 33 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 92 of 182

1

confidential personnel information. Defendants will produce a list of employees who have

2

separated from County employment or transferred out of the laboratory by December 21, 2007,

3

depending on receipt of reimbursement for estimated copy costs, and will redact the confidential

4

information as appropriate.

5

REQUEST FOR PRODUCTION NO. 76

6

Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff

7

from June 14, 2006 to the present.

8

RESPONSE TO REQUEST NO. 76

9

Defendants will produce all documents responsive to this request by December21, 2007,

10

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

11

privileged information, if any, as appropriate.

12

REQUEST FOR PRODUCTION NO. 77

13

Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip

14

Dutt from June 14, 2006 to the present.

15

RESPONSE TO REQUEST NO. 77

16

Defendants will produce all documents responsive to this request by December21, 2007,

17

depending on receipt of reimbursement for estimated copy costs. Defendants will redact

18

privileged information, if any, as appropriate.

19

REQUEST FOR PRODUCTION NO. 78

20

Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff

21

from June 14, 2006 to the present.

22

RESPONSE TO REQUEST NO. 78

23

Plaintiff has attempted to narrow this request but the revised request is broader, more

24

burdensome and less calculated to lead to the discovery of admissible evidence than the original

25

request. Defendants object to this request because it is not reasonably calculated to lead to the

26

discovery of admissible evidence and is burdensome. Defendants object to this request on the

27

grounds that it calls for the production of documents that contain confidential personnel

28

information that is not relevant to any issues in this case and is not reasonably calculated to lead 34 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 93 of 182

1

to the discovery of admissible evidence. Defendants also object to this request to the extent it

2

requests information protected from disclosure by state or federal law, including HIPAA, the

3

peer-review privilege and the personnel privilege, and documents that contain information

4

protected by the attorney-client privilege. After review of the documents potentially responsive

5

to this request. Defendants have determined that the burden of redacting privileged information

6

outweighs the marginal relevancy of the remaining information in the documents.

7

REQUEST FOR PRODUCTION NO. 79

8 9

Any and all DOCUMENTS RELATING TO Golden Empire Pathology Associates. RESPONSE TO REQUEST NO. 79 After diligent search, Defendants have not been able to locate any documents responsive

10 11

to this request.

12

REQUEST FOR PRODUCTION NO. 80

13 14

Any and all DOCUMENTS RELATING TO Golden Empire Medical Group. RESPONSE TO REQUEST NO. 80

15 16

Alter diligent search, Defendants have not been able to locate any documents responsive to this request.

17 18

Dated: December 19, 2007

LAW OFFICES OF MARK A. WASSER

19 20

By:

/s/ Mark A. Wasser

21

Mark A. Wasser

22

Attorney for Defendants, County of Kern, et

23

al.

24 25 26 27 28 35 DEFENDANTS’ SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

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

Document 227-2

Filed 09/23/2008

Page 94 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 4:

27

Defendant’s Privilege Log

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

4

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

Document 227-2

Filed 09/23/2008

Page 95 of 182

PRIVILEDGE LOG Jadwin v. County of Kern, et al. Documents Produced in Response to Plaintiff’s Request for Production of Documents (Set One)

BATES NO.

DATE

TO

FROM

0005166 – 0005168

0005169

20022003

Intense Analysis Action Plan Completion Medical Record Suspension List

20022003

Intense Analysis Action Plan Completion Medical Record Suspension List

20022003

Intense Analysis Action Plan Completion

0005233 - 0005234

0005257

DOCUMENT TYPE Medical Record Suspension List

0005202 - 0005203

0005204

CC

1

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review; Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review, Evid. Code 1040 and 1157

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

BATES NO.

DATE

TO

Document 227-2

FROM

0005394

Filed 09/23/2008

Page 96 of 182

CC

DOCUMENT TYPE Medical Record Suspension List

0007053 - 0007060

11/7/06

Deficient Charts by Days Outstanding

0007515 - 007521

3/6/06

Deficient Charts by Days Outstanding

0007747 - 0007749

11/7/07

Proctoring Progress Report

0007837 - 0007841

8/22/07

Jennifer Abraham

Robert Wallace

0007930

Letter

Provider License Status

2

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel Information, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

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

BATES NO.

DATE

0008718 - 0008722

20002001

0008752 - 0008757

20002001

0008830 - 0008834

20002001

0008982 - 008895

20012002

0009336 - 0009337

7/2001 – 6/2002

TO

Document 227-2

FROM

Filed 09/23/2008

Page 97 of 182

CC

DOCUMENT TYPE Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Annual Competency Ratings by Classification Summary of Action Plans for Unsatisfactory Annual Performance Reviews

3

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

Page 98 of 182

CC

DOCUMENT TYPE

0009336 - 009337

2003

Disciplinary Actions and Involuntary Terminations

0009341-0009342

2003

0010925 - 0010926

3/3/03

Summary of Annual Competency Ratings by Classification Memorandum

Peter H. Parra Barbara Patrick

0011034 - 0011038

Peter K. Bryan

Marvin Kolb

Jose Perez

Memorandum

0011039-0011042

3/19/07

Members, Board of Supervisors

David K. Culberson

Ron Errea Bernie Barmann Karen Barnes

Memorandum and Handwritten Notes

0011044

1/5/07

Ron Errea Fred Plane

David K. Culberson

Irwin Harris

Memorandum

4

REASON FOR WITHOLDING/ REDACTING Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Peer Review and Confidential Personnel, Evid. Code 1040 and 1157 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

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

BATES NO.

DATE

0011068

3/16/07

0011101 - 0011125

8/06

Document 227-2

TO

FROM

David K. Culberson Irwin Harris

Paul Esselman

0011140

011078 - 11080

Filed 09/23/2008

Page 99 of 182

CC

DOCUMENT TYPE Email

Candidate Presentation

Memorandum re Salary

David K. Culberson

Memorandum

5

REASON FOR WITHOLDING/ REDACTING Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040 Privileged Confidential Personnel, Evid. Code 1040

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

Document 227-2

Filed 09/23/2008

Page 100 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 5:

27

Defendant’s Supplemental Privilege Log

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

5

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

Document 227-2

Filed 09/23/2008

Page 101 of 182

PRIVILEDGE LOG Jadwin v. County of Kern, et al. Documents Produced in Response to Plaintiff’s Request for Production of Documents (Set One)

BATES NO.

DATE

TO

FROM

0012735 – 0012736

CC

DOCUMENT TYPE Unidentified Patient Log

0012738 - 0012739

7/21/00

Fangluo Liu

Yao Shi Fu

Letter

0012741

7/21/00

Fangluo Liu

Yao Shi Fu

Letter

0012744 - 0012864

Letters and Medical Records

1

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

0012866

DATE

11/14/00

TO

Document 227-2

FROM

Bakersfield Pathology Medical Group

Filed 09/23/2008

CC

Page 102 of 182

DOCUMENT TYPE Pathology Report

0012867 - 0012868

Unidentified Patient Log

0012869 - 0012892

Letters and Medical Records

0012894 – 0013048

Letters and Medical Records

0013049 – 0013050

Unidentified Patient Log

0013051 - 0013135

Letters and Medical Records

2

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

0013136 - 0013137

0013138 - 0013477

0013478 - 0013479

0013480 - 0013683

0013684 - 0013685

0013687 - 0013833

0013834 - 0014138

2006/ 2007

3

Filed 09/23/2008

CC

Page 103 of 182

DOCUMENT TYPE

REASON FOR WITHOLDING OR REDACTING Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Unidentified Redact Patient Patient Log Names/Confidential Medical Record (HIPAA) Letters and Redact Patient Medical Records Names/Confidential Medical Record (HIPAA) Surgical Confidential Medical Specimen Receipt Record (HIPAA) Log

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

BATES NO.

DATE

TO

Document 227-2

FROM

0014454 - 0014503

0014595 - 0014641

Filed 09/23/2008

CC

Page 104 of 182

DOCUMENT TYPE Medical Records

11/15/06 Karen Barnes

Phil Dutt

Peer Review Memorandum

0014643 - 0014730

Letters and Medical Records

0014753 – 0014755

Surgical Pathology Report

0014765 – 0014769

Surgical Pathology Report

0014771 - 0014776

Surgical Pathology Report

4

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Peer Review.,Evid Code 1157,and Attorney-Client privilege Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 105 of 182

DOCUMENT TYPE

0014778– 0014784

Surgical Pathology Report

0014786 - 0014792

Surgical Pathology Report

0014793 – 0015315

9/06 – 12/06

0015453 - 0015536

12/15/06 Kern Medical Center

Timothy Dutra

0015537 - 0015641

3/7/07

Kern Medical Center

Martin Lipschultz

0015642 - 0015683

4/4/06

Kern Medical Center

Vivek Bhargava

5

Surgical Pathology Reports California Participating Physician Application Application for Patient-Specific and Locum Tenens Temporary Privileges Application for Patient-Specific and Locum Tenens Temporary Privileges

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Confidential Medical Records (HIPAA) Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040

Confidential Personnel Evid. Code 1040

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

TO

Document 227-2

FROM

Filed 09/23/2008

BATES NO.

DATE

CC

0015684 - 0015725

6/14/07

Kern Medical Center

Gian Yakoub

0015726 - 0015869

2/28/06

Kern Medical Center

Fangluo Liu

0015870 - 0015933

2005 – 2007

0015934

1/6/03

Medical Executive Committee

Peter Bryan

Pete Parra

0015935

6/10/03

Medicine Search Committee

Maureen Martin Marvin Kolb

Navin Amin Peter Bryan Eugene Kercher Saman Ratnayaki Tai Yoo

0015936

1/6/03

Eugene Kercher Marvin Kolb Maureen Martin Tai Yoo

Navin Amin Peter Bryan

David Culberson

0016149

6

Page 106 of 182

DOCUMENT TYPE California Participating Physician Application California Participating Physician Application Administration Memorandums re Dr. Perez Memorandum

Memorandum

REASON FOR WITHOLDING OR REDACTING Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040 Confidential Personnel Evid. Code 1040

Memorandum

Confidential Personnel Evid. Code 1040

Transfusion Service – Product Chart Copy

Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 107 of 182

DOCUMENT TYPE

0016151

Transfusion Service – Product Chart Copy

0016153

Transfusion Service – Product Chart Copy

0016155 - 0016157

Transfusion Service – Product Chart Copy

0016159 - 0016161

Transfusion Service – Product Chart Copy

0016163 - 0016179

Transfusion Service – Product Chart Copy

0016181 - 0016182

Transfusion Service – Product Chart Copy

7

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 108 of 182

DOCUMENT TYPE

0016184 - 0016185

Transfusion Service – Product Chart Copy

0016189 – 0016204

Transfusion Service – Product Chart Copy

0016206 - 0016215

Transfusion Service – Product Chart Copy

0016217 - 0016218

Transfusion Service – Product Chart Copy

0016220 - 0016221

Transfusion Service – Product Chart Copy

0016223 - 0016224

Transfusion Service – Product Chart Copy

8

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 109 of 182

DOCUMENT TYPE

0016226

Transfusion Service – Product Chart Copy

0016228 - 0016232

Transfusion Service – Product Chart Copy

0016234 - 0016235

Transfusion Service – Product Chart Copy

0016237 - 0016248

Transfusion Service – Product Chart Copy

0016251 - 0016282

Transfusion Service – Product Chart Copy

0016284 - 0016293

Transfusion Service – Product Chart Copy

9

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 110 of 182

DOCUMENT TYPE

0016295 - 0016297

Transfusion Service – Product Chart Copy

0016299

Transfusion Service – Product Chart Copy

0016301 - 0016303

Transfusion Service – Product Chart Copy

0016305

Transfusion Service – Product Chart Copy

0016307 - 0016309

Transfusion Service – Product Chart Copy

0016311

Transfusion Service – Product Chart Copy

10

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 111 of 182

DOCUMENT TYPE

0016313 - 0016327

Transfusion Service – Product Chart Copy

0016329 - 0016330

Transfusion Service – Product Chart Copy

0016332 - 0016334

Transfusion Service – Product Chart Copy

0016336 - 0016337

Transfusion Service – Product Chart Copy

0016339 - 0016340

Transfusion Service – Product Chart Copy

0016342

Transfusion Service – Product Chart Copy

11

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 112 of 182

DOCUMENT TYPE

0016344 - 0016345

Transfusion Service – Product Chart Copy

0016347 - 0016348

Transfusion Service – Product Chart Copy

0016351 - 0016352

Transfusion Service – Product Chart Copy

0016354

Transfusion Service – Product Chart Copy

0016357 - 0016360

Transfusion Service – Product Chart Copy

0016362 - 0016371

Transfusion Service – Product Chart Copy

12

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

0016373 - 0016375

0016377

0016380 - 0016382

0016384 - 0016395

0016397 - 0016398

0016401 - 0016450

13

Filed 09/23/2008

CC

Page 113 of 182

DOCUMENT TYPE

REASON FOR WITHOLDING OR REDACTING Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Service – Product Names/Confidential Chart Copy Medical Record (HIPAA) Transfusion Redact Patient Reaction Report Names/Confidential Medical Record (HIPAA) Cumulative Trend Redact Patient Report Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 114 of 182

DOCUMENT TYPE

0016452 - 0016472

Transfusion Service – Product Chart Copy

0016476

Packed RBC’s – Utilization Review Form

0016478 - 0016494

Medical Records

0016501

Transfusion Service – Product Chart Copy

0016503 - 0016521

Transfusion Service – Product Chart Copy

0016524 - 0016526

Transfusion Service – Product Chart Copy

14

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 115 of 182

DOCUMENT TYPE

0016528

Transfusion Service – Product Chart Copy

0016530 - 0016531

Transfusion Service – Product Chart Copy

0016533 - 0016535

Medical Records

0016537 - 0016541

Transfusion Service – Product Chart Copy

0016544

Transfusion Service – Product Chart Copy

0016546 - 0016547

Transfusion Service – Product Chart Copy

15

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 116 of 182

DOCUMENT TYPE

0016549 - 0016552

Transfusion Service – Product Chart Copy

0016554

Transfusion Service – Product Chart Copy

0016557 - 0016560

Transfusion Service – Product Chart Copy

0016562 - 0016563

Transfusion Service – Product Chart Copy

0016567 - 0016573

Medical Records

0016610 - 0016615

Medical Records

0016667 – 0016669

11/19/07 Phil Dutt

Dianne McConnehey

16

Memorandum

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Peer Review, Evid Code 1157

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

BATES NO.

0016670

DATE

10/9/07

TO

Philip Dutt

Document 227-2

FROM

Filed 09/23/2008

CC

Roy Johnson

11/2002

0016897 - 0016900

7/25/06

0016902 - 0016905

7/20/06

0017371 - 0017373

10/30/06 Jonathan Epstein

David Hill Irwin Harris Philip Dutt

Gilbert Martinez

B.C. Barmann Karen Barnes

0017378 – 0017522

17

DOCUMENT TYPE Memorandum

0016671 - 0016682

0016683 - 0016894

Page 117 of 182

Irwin Harris Philip Dutt

Performance Evaluation – Surgery Department Performance Evaluations – Pathology Department Email relating to Change of Laboratory Director Laboratory Personnel Report re Gilbert Martinez Letter re KMC Quality Assessment Review Surgical Reports

REASON FOR WITHOLDING OR REDACTING Peer Review, Evid Code 1157 Peer Review, Evid Code 1157

Peer Review, Evid Code 1157

Peer Review, Evid Code 1157

Peer Review, Evid Code 1157

Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

0017527 - 0017531

12/22/00

Handwritten Notes

0018276 - 0018288

Timesheets

0018300

1/05 – 2/05 2/05 3/05 3/3/0/05

0018302

4/05

Timesheets

0018304 - 0018305

4/05

Timesheets

0018307 - 0018318

Timesheets

0018335 - 0018337

4/05 – 6/05 6/05 – 8/05 8/05 – 9/05 9/05

0018354 - 018355

11/4/05

Occurrence Report

0018330 - 0018332

CC

Page 118 of 182

DATE

0018321 - 0018328

FROM

Filed 09/23/2008

BATES NO.

0018291 - 0018298

TO

Document 227-2

DOCUMENT TYPE

Timesheets Timesheets

Timesheets Timesheets Timesheets

18

REASON FOR WITHOLDING OR REDACTING Redact Address and Social Security Number Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Social Security Numbers Redact Patient Names/Confidential Medical Record (HIPAA)

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

BATES NO.

DATE

TO

Document 227-2

FROM

Filed 09/23/2008

CC

Page 119 of 182

DOCUMENT TYPE

0018392 - 0018429

10/25/05 Gary Zohman

David Jadwin

Letter with attached Medical Records

0018430 - 0018439

10/20/05 Maureen Martin

David Jadwin

Memorandum with attached Medical Records

0018603 - 0018618

8/2/05

Juan Felix

David Jadwin

Letter with attached Medical Records

0018619 - 0018624

5/24/05

Dr. Ratnayake

David Jadwin

Dr. Johnson

Memorandum with attached Medical Records

0018625 - 0018630

5/24/05

Dr. Ratnayake

David Jadwin

Dr. Johnson

Memorandum with attached Medical Records

0018631 - 0018633

5/16/05

David Jadwin

Steven Jacobs

19

Letter with attached Medical Records

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

TO

Document 227-2

BATES NO.

DATE

0018654 – 0018655

5/24/05

0018657

3/17/05

0018658

5/13/05

0018665 - 0018677

4/05

0018684 – 0018686

4/20/05

William Roy

David Jadwin

0018689 – 0018690

4/15/05

David Jadwin

William Roy

Dr. Ratnayake

FROM

David Jadwin

Filed 09/23/2008

CC

Dr. Johnson

Kern Medical Center

William Roy

David Jadwin

DOCUMENT TYPE Memorandums

Transfusion Service – Product Chart Copy Leonard Perez Maureen Martin

Kern Medical Center

20

Page 120 of 182

Memorandum

Surgical Pathology Report

Leonard Perez Maureen Martin Gene Kercher Peter Bryan Leonard Perez

Letter

Letter

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA) Redact Patient Names/Confidential Medical Record (HIPAA)

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

TO

Document 227-2

FROM

Filed 09/23/2008

BATES NO.

DATE

0018868 - 0018894

12/03 – 3/04

Report re Patient Charges

7/05 – 9/05 0019811 – 0019812 9/12/05

Timesheets re Philip Dutt Request for Correction of Payroll Error for Philip Dutt Timesheets re Philip Dutt Timesheets re Savita Shertukde

0019805 – 0019810

0019813 – 0019867

9/05 – 11/07 0019868 – 0019948 10/04 – 11/07

21

CC

Page 121 of 182

DOCUMENT TYPE

REASON FOR WITHOLDING OR REDACTING Redact Patient Names/Confidential Medical Record (HIPAA) Redact Social Security Number Confidential Personnel Evid. Code 1040 Redact Social Security Number Redact Social Security Number

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

Document 227-2

Filed 09/23/2008

Page 122 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 6:

27

Defendant’s Second Supplemental Responses to RPD1

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

6

Mar 10 08 04:44p

Mark Wasser

p.1

916-444-6405

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

Document 227-2

Filed 09/23/2008

Page 123 of 182

The Law Offices of Mark A. Wasser 400 Capitol Mall, Suite 1100 Sacramento, California 95814 Office: 916-444-6400 Fax: 916-444-6405

Fax To:

Eugene Lee

From: Amy Remly

Fax:

(213) 596-0487

Pages: 8 (including cover page)

Phone: (213) 992-3299

Date:

Re:

CC:

Jadwin v. County of Kern

D Urgent

D For Review

• Comments: Please see attached.

D Please Comment

3/10/08

D Please Reply

D Please Recycle

Mar 10 08 04:45p

Mark Wasser

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

I 2 3 4

5

6 7 8

p.2

916-444-6405

Document 227-2

Filed 09/23/2008

Page 124 of 182

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-maiL [email protected] Bernard C. Barmann, Sr. KERN COUNTY COUNSEL Mark Nations, Chief Deputy 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 13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

16

DAVID F. JADWIN, D.O.

17 18 19 20

Plaintiff, vs.

COUNTY OF KERN, et al.,

~

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

) ) ) ) )

DEFENDANTS' SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

~ Date Action Filed: January 6, 2007 ) Trial Date: August 26, 2008

Defendants.

) ) ) ) )

21 22 23 24

PROPOUNDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

25

RESPONDING PARTY;

Defendant COUNTY OF KERN

26

SET NUMBER:

ONE (1)

27

28

DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORIES

Mar 10 08 04:45p

Mark Wasser

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

916-444-6405

Document 227-2

Filed 09/23/2008

p.3

Page 125 of 182

Defendants hereby submit these second supplemental responses 10 Plaintiff David F.

1

2

Jadwin's Request for Production of Documents, Set One.

3

REQUEST FOR PRODUCTION NO. 11

4

Any and all DOCUMENTS RELATING TO Kern Medical Center personnel directories

5

or lists, including but not limited to names, direct work phone numbers, departments. etc. which

6

were maintained by YOU during Plaintiffs employment with YOU.

7

RESPONSE TO REQl;EST NO. 11

8 9

Defendants will produce all documents responsive to this request on March 11,2008.

REQUEST FOR PRODUCTIQN NQ. 22 Any and all DOCUMENTS RELATING TO Plaintiff s work schedule and/or removal

10

11

there from, including but not limited to timesheets, from October 24, 2000 to present.

12

SUPPLEMENTAL RESPONSE TO REQUEST NO. 22

13

Defendants previously produced all documents responsive to this request. The

14

documents are Bates numbered 0019605 - 0019804.

15

REQUEST FOR PRODUCTION NO. 45

16

AllY al1d all DOCUMENTS RELATING To the "packets containing information about

17

Dr. Jadwin" which Peter Bryan collected at the end of Kern Medical Cente!"s Joint Conference

18

Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10.

19

2006.

20

SUPPLEMENTAL RESPONSE TO REOl/EST NO. 45

21

Defendants previously produced all documents responsive to this request. The

22

documents are bates numbered 001476 - 00155l.

23

REQUEST FOR !'RODUCTION NO. 65

24

Any and all DOCUMENTS RELATING TO case send-olit logs for Kern Medical

25

Center's Puthology Department from January 1, 1999 to the present, including but not limited to

26

corresponding Kern Medical Center pathology reports and reports from outside consultants.

27

SUPPLEMENTAL RESPONSE TO REQUEST NO. 65

28

Defendants 'Will prodm:e all documents responsive to this request on March 11,2008. 2 DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORIES

Mar 10 08 04:45p

Mark Wasser

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

1 2

pA

916-444-6405

Document 227-2

Filed 09/23/2008

Page 126 of 182

REQUEST FQR PRQDUCTION NO. 66 Any and all DOCUMENTS RELATING TO munthly lum-arOllild-lime reports and logs

3

- by pathologist - for pathology reports processed at Kern Medical Center, including but not

4

limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period

5

fTom January I, 1999 to the present.

6

SUPPLEMENTAL RESPONSE TO REOCEST :\TO. 66

7

Defendants previously produced documents responsive to this request for years 200 I

8

to 2005. Those documents are bates numbered 0014575 - 0014595, Dcfcndants are continuing

9

to search for documents for years 1999,2000 and 2006 but have not been able to fmd them yet.

10 11

REQUEST FOR PRODUCTION NO. 67 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time

12

repOlts and logs - for Kern Medical Center's Pathology Department as a whole - lor pathology

13

reports processed at Kcrn Mcdical Ccntcr including but not limited to surgical pathology,

14

cytology and bone marrow reports, for the time period from January I, 1999 to the present.

15

SUPPLEMENTAL RESPONSE TO REQLEST :'110.67

16

17 18

Defendants will produce all documents responsive to this request on March 11,2008,

REQUEST FOR PRODUCTION NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATiNG TO

19

Case Numbers S06-4131, 806·4619, 806-5229, 806-73276.

20

SUPPLEMENTAL RESPONSE TO REQCEST :\TQ. 69

21

Defendants previously produced dQcum<:nt~ responsi ve to this request, the documents are

22

bates numhered 0014453 - 0014503 and 0014709 - 0014792.

23

REQUEST FOR PRODUCTION NO. 70

24

Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical

25

Center's Pathology Department during the time period from January 1, 1995 to the present,

26

including but not limited to computer-generated data. monthly peer review records completed by

27

pathologists, and peer review comment sheets that arc completed by pathologists upon discovery

28

of a discrepancy. 3

DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFF'S INTERROGATORlES

Mar 10 08 04:46p

Mark Wasser

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

p.5

916-444-6405

Document 227-2

Filed 09/23/2008

Page 127 of 182

Sl:PPLEMENTAL RESPONSE TO REQUEST NO. 70 2

Defendants previously produced documents responsive to this request for 2006. The

3

documents are bates numbered 0014504 - 0014569. Defendants are continuing to search for

4

documents for the other years requested but have not found them yet.

5

REQUEST FOR PRODUCTION NO. 71

6

Any and all DOCUMENTS RELATIKG TO exceptional event logs for histology and

7

pathology on Kern Medical Center's Pathology Department from January 1,2006 to the present.

8

SUPPLEMENTAL RESPONSE TO REQUEST NO. 71

9 10 11

Defendants will produce all documents responsive to this request on March 11, 2008.

REQUEST FOR PRODUCTION NO. 72 Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical

12

Center's Pathology Department fi'om January 1,2006 to present.

13

SUPPLEMENTAL RESPONSE TO REQUEST NO. 72

14 15 16

Defendants will produce all documents responsive to this request on March 11, 2008.

REQUEST FOR PRODUCTION NO. 76 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff

17

from June 14,2006 to the present.

18

SUPPLEMENTAL RESPONSE TO REQUEST NO. 76

19 20 21

There are no documents responsive to this request.

REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip

22

Dutt from June 14, 2006 to the present.

23

SUPPLEMENTAL RESPONSE TQ REQUEST ~O. 77

24 25 26 27

Defendants will produce all documents responsive to this request on March 11,2008.

REOUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14,2006 to the present.

28 4

DEFENDA"lTS' SUPPLEMENTAL RESPONSES TO PLAINTIFFS INTERROGATORIES

Mar 10 08 04:46p

Mark Wasser

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

p.6

916-444-6405

Document 227-2

Filed 09/23/2008

Page 128 of 182

SUPPLEMENTAL RESPONSE TO REQUEST NO. 78

2 3

4 5

6

Defendants will produce all documents responsive to this request on March 11,2008. Dated: March 10, 2008

LAW OFFICES OF MARK A. WASSER

By;----J7~/:zA:..~7dZ.~0.~·A~J~~:::=:...----____I Mark A. Wasser

Attomey for Defendants, County of Kem, et al.

7 8

9 10 11

12 13 14 15

16 17 18 19 20 21

22 23

24 25

26 27 28 5 DEFENDANTS' SUPPLEMENTAL RESPONSES TO PLAINTIFFS INTERROGATORIES

Mar 10 08 04:4?p

Mark Wasser

916-444-6405

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

Document 227-2

Filed 09/23/2008

p.?

Page 129 of 182

1 Mark A. Wasser CA SB #060160 LA W OFFICES OF MARK A. WASSER 2 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 3 Phone: (916) 444-6400 Fax: (916) 444-6405 4 E-mail: [email protected] Bernard C. Barmann. Sr. 5 KERN COUNTY COUNSEL Mark Nations, Chief Deputy 6 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: [email protected]

9 Attorneys for Defendants COlUlly of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith 11 and William Roy 12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14

15 DAVID F. JADWIN, D.O. 16 17

Plaintiff,

Case No.: :07-cv-00026-0W\V-TAG

)

vs.

18 COUNTY OF KERN, et aI.,

19

l 1 PROOF OF SERVICE l

Defendants.

~ ~)

20 - - - - - - - - - - - - - ) 21

22 23 24 25

26 27

28 PROOF OF SERVICE

Mar 10 08 04:47p

Mark Wasser

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

916-444-6405

Document 227-2

Filed 09/23/2008

p.8

Page 130 of 182

I, Amy Remly, declare:

I am a resident of the State of California and over the age of eighteen years, and not a party to tbe within action; my business address is 400 Capitol Mall, Suite 1100, Sacramento, CA 95814. On 3 March 10,2008, I served the within documents: Defendants' Second Supplemental Responses to Plaintifrs Request for Production of Documents (Set One). 2

4

by transmitting via facsimile from (916) 444-6405 the above listed document(s) without error to the fax number(s) set forth below on tbis date before 5:00 p.m. A copy oftbe transmittal/confirmation sheet is attached, and

5

6 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Sacramento, California addressed as set forth below.

7 8

9 10

11

o

of the document(s) listed above to the by causing personal delivery by person(s) at the address (es) set forth below.

o

by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below.

12 13 14

Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

15 I am readily familiar with the firm's practice of collection and processing correspondence for 16 mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one 18 day after date of deposit for mailing in affidavit. 19

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

20 21

Executed on March 10,2008, at Sacramento,

califor~~~:-:~-'.-='--'-_=-",-~:-:r-_ AM:Y REM(hY

22

~

23 24 25 26 27

28 -2-

PROOF OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 131 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 7:

27

Defendant’s Fourth Supplemental Responses to RPD1

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

7

May 21 08 05:03p

Mark Wasser

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

916-444-6405

Document 227-2

Filed 09/23/2008

p.1

Page 132 of 182

"file Law Offices o~ Marl\. A.. Wasser 400 Capitol Mall, Suite 1100 Sacramento, Calilornia 958~4 Office: 9~6-444-6400 Fax: 9~6-444-6405

Fax To:

Eugene Lee

From: Mark A. Wasser

Fax:

(213) 596-0487

Pages: 6 (including cover page) Date:

Phone: (213) 992-3299 Re:

Jadwin v. County of Kern

o Crgent

o For Review

5121/08

CC:

0 Please Comment

0 Please Reply

0 Please Recycle

• Comments: Please see attached Defendants' Fourth Supplemental Responses to Plaintiffs Request For Production of Documents, Set One.

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

2 3

Document 227-2

E-mail: [email protected]

5

Bernard C, Barmann, Sr. CA SB #60508 KERK 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]

7 8

Filed 09/23/2008

Page 133 of 182

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405

4

6

p.2

916-444-6405

Mark Wasser

May 21 08 05:03p

9 10 II

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

12 13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

IS 16 17 18 19

20

~

DAVID F. JADWIN, D.O.

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

) DEFENDANTS' FOURTH ) SUPPLEMENTAL RESPONSES TO ) PLAINTIFF'S REQUEST FOR ) PRODUCTION OF DOCUMENTS (SET

Plaintiff, vs. COUNTY OF KERN, et aI.,

!

ONE)

Date Action Filed: January 6, 2007 Trial Date: December 3, 2008

Defendants.

) ) ) )

21

22

)

23 24

PROPOUNDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

25

RESPONDI:"lG PARTY:

Defendant COUNTY OF KERl'i

26

SET NUMBER:

ONE (1)

27 28 I

DEFENDAJ\TS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

May 21 08 05:04p

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

p.3

916-444-6405

Mark Wasser

Document 227-2

Filed 09/23/2008

Page 134 of 182

Defendants hereby submit these supplemental responses to Plaintiff's Request for 2

Production of Documents, Set One in response to the May 9,2008 Order of Magistrate Judge

3

Goldner. The following responses represent those that are due within 10 days of the Order.

4

REQVEST FOR PRODUCTION NO. 11

5

Any and all DOCUMENTS RELATING TO Kern Yfedical Center personnel directories

6

or lists, including but not limited to names, direct work phone numbers, departments, etc. which

7

were maintained by YOU during Plaintiffs employment with YOU.

8

RESPONSE TO REQUEST NO. 11

9 10 II

Defendants have already produced all documents responsive to this request.

REQUEST FOR PRODUCTIQ~NO. 23 Any and all DOCUMENTS RELATING TO Dr. Phillip Dutt's timesheets, from April 20

12

2005 to the present.

13

RESPONSE TO REQUEST NQ. 23

14

15 16

Defendants have already produced all documents responsive to this request.

REQUEST FOR PRODUCTION NO. 24 Any and all DOCUMENTS RELATING TO Dr. Savita Shertukde's timesheets, from

17

January 4, 2005 to present.

18

RESPONSE TO REQUEST NO. 24

19 20 21

Defendants have already produced all documents responsive to this request.

REQUEST FQR PRQDUCTION NO. 26 Any and all DOCUMENTS maintained by Plaintiff at Kern Medical Center during his

22

employment by YOU, including any and all e-mails, Groupwise calendars, memoranda, written

23

materials, and computer files stored on Plaintiff's computer at Kern Medical Center's servers.

24

RESPQNSE TQ REQUEST NO. 26

25

Defendants will produce four additional CDs that contain the remaining contents of the

26

hard drive offthe County computer that was assigned to Plaintiff. The CDs will be available for

27

Inspection and copying at KMC on and after May 22, 2008. Plaintiff may make arrangements

28

with Defendants' counsel to inspect and copy the CDs during normal business hours at KMC. 2

DEFENDANTS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

May 21 08 05:04p

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

pA

916-444-6405

Mark Wasser

Document 227-2

Filed 09/23/2008

Page 135 of 182

REQUEST FQR PRODUCTION NO. 45 2

Any and all DOCUMENTS RELATING To the "packets containing information about

3

Dr. Jadwin" which Peter Bryan collected at the end of Kern Medical Center's Joint Conference

4

Committee discussion and vote on removal of Plaintiff from Chair of Pathology on July 10,

S

2006.

6

RESPONSE TO REQUEST NO. 45

7 8 9

Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTION NO. 55 Any and all DOCUMENTS RELATING TO the review of Kern Medical Center's

10

placental evaluations and billing activity as conducted by outside consultants, including but not

11

limited to ProPay Physician Services, LLC, from October 24, 2000 to the present.

12

RESPONSE TO REQUEST NO. 55

13 14

Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTION NO. 68

15

Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored,

16

reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review

17

from June 14, 2006 to the present.

18

RESPONSE TO REQUEST NO. 68

19 20 21

Defendants have already produced all documents responsive to this request. REQUEST FOR PRODUCTIOK NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO

22

Case Numbers 806-4131, S06-4619, S06-5229, S06-73276.

23

RESPONSE TO REOUEST NO. 69

24

Defendants have already produced all documents responsive to this request.

25

Dated: May 21, 2008

26 27

28

LAW OFFICES OF MARKA. WASSER

BY:-J:Z=::r..h.CdA:&,d?~~~~~·£::~::::::::::==---

Mark A Wasser Attorney for Defendants, County of Kern, et aI. 3

DEFENDANTS' FOURTH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS

------j

May 21 08 05:05p

p.5

916-444-6405

Mark Wasser

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

Document 227-2

Filed 09/23/2008

Page 136 of 182

1 Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 2 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 3 Phone; (916) 444-6400 Fax: (916) 444-6405 4 E-mail: mwasser@markwasseLcom _ Bernard C. Barmann. Sr. CA SB #60508 ) KERN COUNTY COUNSEL 6 Mark Nations, Chief Deputy CA SB #101838 1115 Truxton Avenue, Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: [email protected]

9

Attorneys for Defendants County of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith I I and William Roy 12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14 15 DAVID F. JADWIN, D.O. 16 17

) Case No.: l:07-cv-00026-0WW-TAG )

Plaintiff, VS.

~)

PROOF OF SERVICE

) ) ) ) 19 Defendants. ) 20 1 1 - - - - - - - - - - - - - . )

18 COUNTY OF KERN, et ai,

21 22 23 24 25 26 27 28 PROOF OF SERVICE

May 21 08 05:05p

Mark Wasser

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

p.6

916-444-6405

Document 227-2

Filed 09/23/2008

Page 137 of 182

I, Amy Remly, declare:

I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 400 Capitol Mall, Suite 1100, Sacramento, CA 95814. On 3 May 21, 2008, I served the within documents: Defendants' Fourth Supplemental Responses to Plaintiff's Request for Production (Set One). 4 by transmitting via facsimile from (916) 444-6405 the above listed document(s) without error to the fax number(s) set forth below on this date before 5:00 p.m. A copy 5 of the transmittallconfirmation sheet is attached, and 6 by placing the document(s) listed above in a sealed envelope with postage thereon fully 7 prepaid, in the United States mail at Sacramento, California addressed as set forth below. 2

8

9 10

11

o

of the document(s) listed above to the by causing personal delivery by person(s) at the address (es) set forth below.

o

by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below.

12

13 14

Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

15 I am readily familiar with the finn's practice of collection and processing correspondence for 16 mailing. Under that practice it would be deposited ",ith the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one 18 day after date of deposit for mailing in affidavit. 19 20

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 21, 2008, at Sacramento, California.

.~

~~~~[b'l'J~l--

21 22 23 24 25 26 27 28 -2-

PROOF OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 138 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 8:

27

Plaintiff’s Requests for Production, Set Three (RPD3)

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

8

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

(213) 992-3299 TELEPHONE

LAW

Document 227-2

555

FACSIMILE

Los

Filed 09/23/2008

OFFICE

E U G ENE (213) 596-0487

Pg 1/ 8 07/18/08 4:42 pm

OF

Page 139 of 182 [email protected] EMAIL

L E E

WEST FIFTH STREET SUITE 3100 ANGELES, CALIFORNIA 9001 3-1 01 0

WWW.LOEL.COM WEBSITE

FAX To: Fax Number: 2135960487

From: Law Office of Eugene Lee Date: 07/18/2008

Pages: 8 (including cover page) Re: Jadwin/KC: RDP3

Comments:

Mark, See attached Plaintiff's requests for production, set 3.

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

I 2 3 4 5 6 7 8

Pg 2/ 8 07/18/08 4:42 pm

Document 227-2

Filed 09/23/2008

Page 140 of 182

Eugene D. Lee SB# 236812 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] Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 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

9

10

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

11

UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13 14 15 16 17 18

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

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

PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET THREE)

v.

COUNTY OF KERN; et al. Date Action Filed: Date Set for Trial:

Defendants.

January 6, 2007 December 2, 2008

19 20 PROPOUNDING PARTY:

Plaintiff DAVID F. JADWIN, D.O., F.C.A.P.

ANSWERING PARTY:

Defendant COUNTY OF KERN

SET NO.:

Three

21 22

23 Pursuant to Federal Rule of Civil Procedure Rule 34, Plaintiff David F. Jadwin hereby requests 24 that, within thirty (30) days of service hereof, you (i) respond in writing to the following requests, and 25 (ii) produce and pennit the inspection and copying ofthe documents described below at the Law Office 26 of Eugene Lee, 555 West Fifth St., Suite 3100, Los Angeles, CA 90013. 27 DEFINITIONS 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

A.

Document 227-2

Pg 3/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 141 of 182

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

2

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

3

other entity.

4

B.

The tenns "YOU" and "YOUR" as used herein include Defendant County of Kern

5

("Defendant") and include without limitation each predecessor and successor-in-interest, as well as any

6

officer, agent, employee, attorney, representative of Defendant and/or any other PERSONS acting under

7

the control of Defendant or on behalf of Defendant.

8

c.

The tenn "DOCUMENT' or "DOCUMENTS" as used herein is broadly defined to

9

include all media on which infonnation is recorded or stored, as well as all non-identical copies thereof

10

including copies which bear any notes, notations or markings not found on the originals and all

11

preliminary, intennediate, final and revised drafts of such document. This includes but is not limited to

12

any writings, drawings, graphs, charts, photographs, video or audio recordings, microfilm, data

13

compilations, and electronically-stored information stored in any medium from which infonnation can

14

be obtained such as e-mails, internet browser bookmarks and history, voicemail messages, websites,

15

electronic messages or bulletin boards. As used herein, the tenn "writings" shall include but is not

16

limited to letters, memoranda, reports, and notes whether handwritten or otherwise recorded, whether

17

internal or external to

18

D.

you.

Electronically-stored infonnation should be printed for production.

The phrase "RELATING TO" as used herein includes referring to, relating to, relates to,

19

responding to, concerning, connected with, commenting on, in respect of, about, regarding, discussing,

20

showing, describing, depicting, mentioning, reflecting, analyzing, comprising, constituting, evidencing,

21

and pertaining to, whether in whole or in part.

22

E.

The tenn "PERSONNEL FILE" as used herein is broadly defined to include all

23

DOCUMENTS RELATING TO an process improvement file; employee's credentials; qualifications for

24

employment, promotions, transfers, salary, raises, pension eligibility, discipline, separation or other

25

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

26

attachments thereto and all files maintained by persons employed by you.

27 28

F.

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

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

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

2

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

Document 227-2

Pg 4/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 142 of 182

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

reports.

9

G.

The terms "and" and "or" when used herein each mean "and/or".

10

R.

All references to the singular include the plural, and all references to the plural include

11

the singular. All references to the masculine gender include the feminine and neuter genders and vice-

12

versa.

INSTRUCTIONS

13 14

A.

This request requires that YOU identify and produce the original or an exact copy of the

15

original of all DOCUMENTS responsive to any of the following numbered requests which are in YOUR

16

possession, custody or control. A DOCUMENT is deemed to be in YOUR possession, custody or

17

control if it is in YOUR physical custody, or if it is in the physical custody of any PERSON, and YOU:

18

(l) own such DOCUMENT in whole or in part; (2) have a right by contract, statute or otherwise to use,

19

inspect, examine or copy such DOCUMENT on any terms; (3) have an understanding, express or

20

implied, that YOU may use, inspect, examine or copy such DOCUMENT on any terms; or (4) have, as a

21

practical matter, been able to use, inspect, examine or copy such DOCUMENT when YOU have sought

22

to do so. Specifically, and without limiting the foregoing, this request encompasses all DOCUMENTS

23

in the possession, custody or control of YOU, YOUR attorneys, YOUR employees, YOUR agents,

24

YOUR affiliates, and/or any other PERSON substantially owned or controlled by

25 26 27 28

B.

you.

YOU are required to engage in a diligent search and make reasonable inquiries in an

effort to locate the DOCUMENTS requested. C.

If any requested DOCUMENT is not in YOUR possession, custody or control, YOU are

required to set forth in YOUR response the location of such DOCUMENT.

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

3

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

D.

Document 227-2

Pg 5/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 143 of 182

YOU are required to identify with specificity each DOCUMENT which is responsive to

2

this request and to organize and label them to correspond with each of the following numbered requests.

3

If a requested DOCUMENT has already been produced in Defendants' Rule 26 initial disclosures, then

4

YOU are requested to indicate such DOCUMENTS by stating their Bates Numbers rather than

5

producing physical duplicates (so as to conserve natural resources).

6

E.

All DOCUMENTS which are responsive in whole or in part to any of the following

7

numbered requests shall be produced in full, without abridgement, abbreviation, redaction or

8

expurgation of any sort. If any such DOCUMENTS cannot be produced in full, YOU are required to

9

produce the DOCUMENT to the extent possible and indicate in YOUR written response what portion of

10

the DOCUMENT is not produced and why it could not be produced.

11

F.

If any requested DOCUMENT has been destroyed, lost or stolen, YOU are required to se

12

forth in YOUR response the subject matter of such DOCUMENT; the location of any copies of the

13

DOCUMENT; whether the DOCUMENT was destroyed, lost or stolen; the date of its destruction, loss

14

or theft; and if destroyed, the name of the PERSON who ordered or authorized or was responsible for

15

such destruction.

16

G.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

17

numbered requests based upon an objection, YOU are required to (1) identify and describe each such

18

DOCUMENT in sufficient detail to enable Plaintiff to assess the applicability of the objection, (2)

19

produce as much ofthe material requested as to which such objection is not made, and (3) separately,

20

with respect to each remaining part, (a) state the nature of YOUR objection, (b) set forth each and every

21

ground for YOUR objection, and (c) describe the factual basis, if any, upon which YOU rely in making

22

such objections.

23

H.

Whenever YOU refuse to produce any DOCUMENTS responsive to any of the following

24

numbered requests based upon a claim of privilege, YOU are required to: (1) state which privilege is

25

claimed, including the identity of any specific attorney(s) with whom YOU claim a privileged

26

relationship, if any; (2) give a precise statement of the facts upon which the claim of privilege is based;

27

(3) identify and describe each DOCUMENT in sufficient detail to enable Plaintiff to assess the

28

applicability of the privilege or protection by stating: (a) its DOCUMENT type, e.g. letter,

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

4

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

Document 227-2

Pg 6/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 144 of 182

1

memorandum, note, diskette, tape, etc.; (b) the date it was prepared; (c) the name, address, telephone

2

number and title of the PERSON who prepared it; and (d) the name, address, telephone number, and title

3

of each PERSON who received it, if any; and (e) its subject matter;.

4

5 6 7

REQUESTS FOR PRODUCTION/INSPECTION

REOUESTNO.I02. Any and all consultation reports issued by Johns Hopkins Hospital or Johns Hopkins University or their affiliates RELATING TO the following KMC medical record numbers:

8

a. 806-37

9

b. S06-495

10

c. S06-3511

11

d. S06-4619

12 13 14

REOUESTNO.I03. Any and all surgical PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the following KMC medical record numbers:

15

a

16

b. S06-5229

17 18

S06-4131

REQUEST NO. 104. Any and all handwritten notes in this action which were authored by Marvin Kolb during his

19

tenure at KMC RELATING TO complaints, investigations, corrective action, discipline, demotion,

20

termination, anger management, and/or behavior RELATING TO any ofthe following PERSONS:

21

a. Plaintiff

22

b. Royce Johnson

23

c. Edward Taylor

24

d. Joseph Mansour

25

e. Scott Ragland

26

f.

27

g. Eugene Kercher

28

h. Irwin Harris

Jennifer Abraham

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

5

From: Law OFFice of Eugene Lee

To: 213-596-0487

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

1

1.

Peter Bryan

2

J

Toni Smith

3 4

Document 227-2

Pg 7/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 145 of 182

REQUEST NO. 105. Any and all handwritten notes which were authored by Peter Bryan during his tenure at KMC

5

RELATING TO complaints, investigations, corrective action, discipline, demotion, termination, anger

6

management, and/or behavior RELATING TO any of the following PERSONS.

7

a. Plaintiff

8

b. Royce Johnson

9

c. Edward Taylor

10

d. Joseph Mansour

11

e. Scott Ragland

12

f.

13

g. Eugene Kercher

14

h. Irwin Harris

15

1.

Peter Bryan

16

J

Toni Smith

Jennifer Abraham

17 18

Date: July 18, 2008

19 20 21 22

23 24

~gene D. Lee

~ w 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.

25 26 27 28

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT COUNTY OF KERN (SET THREE)

6

To: 213-596-0487

From: Law OFFice of Eugene Lee

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

1 2 3 4

Document 227-2

Pg 8/ 8 07/18/08 4:42 pm

Filed 09/23/2008

Page 146 of 182

CERTIFICATE OF SERVICE

I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party 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:

5

6 7 8 9 10 11 12

PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT COUNTY OF KERN (SET THREE) 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 II 00 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

13 14 15 16 17 18 19 20 21 22

23

12<;] 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. 12<;] 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. The facsimile service used in this office creates a transmission report for each outgoing facsimile transmitted. A copy ofthe transmission report(s) for the service of this DOCUMENT, properly issued by the facsimile service that transmitted this DOCUMEN"T and showing that such transmission was (transmissions were) completed without error, is attached hereto. 12<;] 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 18, 2008, at Los Angeles, California.

24 25 26 27 28

CERTIFICATE OF SERVICE

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

Document 227-2

Filed 09/23/2008

Page 147 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 9:

27

Meet and confer correspondence between the parties

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

9

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

Document 227-2

Filed 09/23/2008

Page 148 of 182

Eugene D. Lee From: Sent: To: Subject:

Eugene D. Lee [[email protected]] Tuesday, August 05, 2008 9:57 PM '[email protected]' RPD1 followup

Mark,    I notice there have been no documents produced in response to Plaintiff’s requests for production nos. 65 (Pathology  case send‐out logs) and 66 (pathology turn‐around‐time reports). Please provide these documents for inspection and  copying by no later than August 11, 2008.    If you have questions, please contact me any time.   

Sincerely, Gene Lee   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE

EMPLOYMENT

LEE

LAW

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : [email protected] W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

         

1

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

Document 227-2

Filed 09/23/2008

Page 149 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 10:

27

Meet and confer correspondence between the parties

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

10

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

Document 227-2

Filed 09/23/2008

Page 150 of 182

Eugene D. Lee From: Sent: To: Subject: Attachments:

Eugene D. Lee [[email protected]] Sunday, August 10, 2008 3:06 PM '[email protected]' RPD1/Personnel Files RPD1 followup; Personnel Files

Mark,    Any followup on this?     

Sincerely, Gene Lee   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE

EMPLOYMENT

LEE

LAW

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : [email protected] W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

Right-click here to download pictures. To help protect y our priv acy , Outlook prev ented automatic download of this picture from the Internet. California Labor & Employ ment Law B log

 

         

1

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

Document 227-2

Filed 09/23/2008

Page 151 of 182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

EXHIBIT 11:

27

Defendant’s Responses to RPD3

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

11

Aug 15 08 02:47p

p.1

916-444-6405

Mark Wasser

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

Document 227-2

Filed 09/23/2008

Page 152 of 182

The Law Offices of Mark A. Wasser 400 Capitol Mall, Suite 2640 Sacramento, California 95814 Office: 916-444-6400

Fax: 916-444·6405

Fax To:

Eugene Lee

From:

Fax:

(213) 596-0487

Pages: 12 (including cover page)

Phone: (213) 992-3299 Re:

Date:

Jadwin v. County of Kern

D Urgent

D For Review

Please see attached discovery responses.

8/15/08

CC:

D Please Comment

• Comments:

Mark A. Wasser

D Please Reply

D Please Recycle

916-444-6405

Mark Wasser

Aug 15 08 02:49p

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

Document 227-2

Filed 09/23/2008

p.?

Page 153 of 182

1

2 3 4

Mark A. Wasser CA SB #60160 LAW OFFICES OF MARK A WASSER 400 Capitol Mall, Suite 2640 Sacramento, California 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser([i)mrn-kwasseLeom

5 6 7 8

9 10 II

12

Bernard C. Barmarm. Sr. CA SB #60508 KER.'l COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 1115 Truxtun Avenue, Fourth Floor Bakersfield. California 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: [email protected] Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smi1h and William Roy

13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15 16 17

18

19 20

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

DAVID F. .TADWIN, D.O.

DEFENDANTS' RESPONSES TO

Plaintiff,

PLAINTIFF'S REQUEST FOR PRODUCTION (SET THREE)

vs.

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

COUNTY OF KERN, et aI.,

Defendants.

21 22

PROPOUNDING PARTY: Plaintiff DAVID F. JADWIN, D.O., F.CA.P.

)' --,

RESPONDING PARTY:

Defendant COU~TY OF KERN

24

SET NUMBER:

THREE (3)

25

Defendants hereby submit these responses to Plaintiff David F. Jadwin's Request for

26

Produdion of Dm:umcnts, Sct Three.

27

REOUEST FOR PRODUCTIOK NO. 102

28

Any and all consultation reports issued by Jolm Hopkins Hospital or John Hopkins -1DEFE'\'DANTS' RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTlON, SET THREE

Aug 15 08 02:49p

Mark Wasser

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

1

a.

S06-37

3

b.

806-495

4

c.

806-3511

5

d.

806-4619

7

Document 227-2

Filed 09/23/2008

The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request.

9

REQUEST FOR PRODUCTION NO. 103

II

Any and all PATHOLOGY REPORTS RELATI\IG TO the patient(s) corresponding to the following KMC medical record numbers:

12

a.

S06-4131

13

b.

S06-5229

14 15

RESPONSE TO REQUEST FOR PRODUCTIOX NO. 103 The numbers listed in this request are not K:YIC medical record numbers. Neve11heless,

16

Defendants will produce all documents responsive to this request.

17

REQUEST FOR PRODUCTION NO. 104

18

Page 154 of 182

RESPONSE TO REQUEST FOR PRODUCTION NO. 102

8

10

p.8

University of their aftiliates RELATlNU TO the follo",",ng KMC medical record numbers:

2

6

916-444-6405

Any and all handwritten notes in this action which were authored by Marvin Kolb during inve~tiglltion~, correctiYl;'

di~cipline,

19

his tenure at KIvlC RELATING TO complaints,

20

demotion, tennination, anger management and/or behavior RELATING TO any ofthc following

21

PERSONS: a.

Plaintiff

b.

Royce Johnson

24

c.

Edward Taylor

25

d.

Joseph Mansour

26

e.

Scott Ragland

27

f

Jennifer Abraham

28

g.

Eugene Kercher

22

action,

-2DEFENDANTS' RESPO'lSES TO PLATNTIFF'S REQUEST FOR PRODUCTION, SET THREE

Aug 15 08 02:50p

Mark Wasser

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

1

h.

Irwin Harris

2

1.

Peter Bryan

3

j.

Toni Smith

4

p.9

916-444-6405

Document 227-2

Filed 09/23/2008

Page 155 of 182

RESPONSE TO REOUEST FOR PRODUCTION NO. 104

5

With regard to Plaintiff, all such notes that Defendants are aware of have been previously

6

produced. With regard to the other individuals, Defendants object to this request on the grounds

7

that it calls for the production of intonnation that is protected by the privacy interests of

& individuals who are not "comparators" as that term has been defined in the reported cases and is 9 10

11

not reasonably calculated to lead to the discovery of admissible evidence. REQUEST FQRPRODUCTION NO. lOS

Any and all handwritten notes in this action which were authored by Peter Bryan during

12

his tenure at KMC RELATING TO complaints, investigations, corrective action, discipline,

13

demotion, tennination, anger management and/or behavior RELATING TO any of the follo\'\'ing

14

PERSONS:

15

a.

Plaintiff

16

b.

Royce Johnson

17

c.

Edward Taylor

18

d.

Joseph Mansour

19

e.

Scott Ragland

20

f.

Jennifer Abraham

21

g.

Eugene Kercher

22

h.

Irwin Harris

23

i.

Peter Bryan

24

J.

Toni Smith

25

RESPONSE TO REQUEST FOR PRODUCTION NO. 104

26

With regard to Plaintiff, all such notes that Defendants are aware of have been previously

27

produccd. With rcgard to thc othcr individuals, Defendants object to this request on the grounds

28

that it calls for thc production of infonnation that is protected by the privacy interests of

-3DEFENDANTS' RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET THREE

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individuals who are not "comparators" as that term has been defined in the reported cases and is 2

not reasonably calculated to lead to the discovery of admissible evidence.

3 4

Dated: August 1S, 2008

LAW OFFICES OF MARK A. WASSER

5 6 7

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

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9 10

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:\1ark A. Wasser CA 58 #060160 LAW OFFICES OF MARK A. WASSER 'I 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 3 Phone: (916) 444-6400 Fax: (916) 444-6405 4 E-mail: [email protected]

5 Bernard C. Barmann, Sr. CA S8 #60508 KERN COUNTY COUNSEL Mark Nations, Chief Deputy CA SB #101838 6 1115 Truxtun Avenue. Fourth Floor Bakersfield, CA 93301 7 Phone: (661) 868-3800 Fax: (661) 868-3805 8 E-mail: [email protected]

9 Attorneys for Defendants County of Kern, 10 Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith 11 and William Roy

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14 15 DAVID F. JADWIN, D.O.

16 17

Plaintiff,

Case No.: 1 :07-cv-00026-0'i'lW-TAG

ROOF OF SERVICE

vs.

18 COUNTY OF KERN, et aI.,

19

Defendants.

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I, Amy Remly, declare:

2

I am a resident ofthc State of California and over the age of eighteen years, and not a party to the within action; my business address is 400 Capitol Mall, Suite 2640, Sacramento. CA 95814. On 3 August 15,2008, I served thc within documents: • • •

4 5

by transmitting via facsimile from (916) 444-6405 the above listed document(s) error to the fax number(s) set forth below on this date before 5:00 p.m. A copy of the transmittal/confirmation sheet is attached. and

6

'I\~thout

7

8

D

by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Sacramento, California addressed as set forth below.

D

by causing personal delivery by of the document(s) listed above to the person(s) at the address (es) set forth below.

D

by placing the document(s) listed above in a sealed Federal Express Overnight Delivery envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Overnight Delivery Federal Express agent for delivery at the address set forth below.

9 10 11

12

Defendants' Responses to Plaintiff's Request for Admission, Set Two Defendants' Responses to Plaintiff's Request for Admission, Set Three Defendants' Responses to Plaintiff's Request for Production, Set Three

13

Eugene Lee Law Offices of Eugene Lee 555 West Fifth Street, Suite 3100 Los Angeles, California 90013-1010 Facsimile: (213) 596-0487

14 15

16 17

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Cnder that practice it would be deposited with the U.S. Postal Service on that same day with 18 postage thereon fully prepaid in the ordinary course of business. 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 19 day after date of deposit for mailing in affidavit. 20 21

22

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 15,2008, at Sacramento, Calilli~\IU\ h~

AMYREM~

23 24

~

25 26

27 28 -2-

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EXHIBIT 12:

27

Meet and confer correspondence between the parties

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

12

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Eugene D. Lee From: Sent: To: Subject:

Eugene D. Lee [[email protected]] Monday, August 18, 2008 10:14 PM '[email protected]' Discovery Responses

Mark,    Thank you for your fax of August 15, 2008. I am writing to meet and confer regarding Defendants’ responses to Plaintiff’s  latest discovery requests.    RFA2 consisting of RFA nos. 291 to 294 and RFA3 consisting of RFA nos. 295 to 296 request authentication and business  record determination to documents which were identified in an attached schedule. Defendants have responded as  follows:    “Defendants object to this request on the ground that it calls for a legal conclusion and, in that sense, is a contention  inquiry and not a proper request for admission. Defendants will be prepared to address authentication and business  records determination at the pre‐trial conference.”    Plaintiff’s position is that these are standard authentication and business record RFAs. Plaintiff intends to move to  compel responses and/or to deem them admitted.    RPD3 includes RPD nos. 104 and 105, requesting handwritten notes of Dr. Kolb and Mr. Bryan, respectively, relating to  complaints and corrective action of certain persons. Defendants have responded as follows:    “With regard to Plaintiff, all such notes that Defendants are aware of have been previously produced. With regard to the  other individuals, Defendants object to this request on the grounds that it calls for the production of information that is  protected by the privacy interests of individuals who are not "comparators" as that term has been defined in the  reported cases and is not reasonably calculated to lead to the discovery of admissible evidence.”    Plaintiff’s position is that Defendants’ are not complying with the Stipulation & Order re Privacy (Doc. 137). Unless  Defendants produce these documents immediately (and prior to Plaintiff’s re‐convening of Mr. Bryan’s deposition),  Plaintiff will move to compel not only their production, but also re‐convening of Mr. Bryan’s deposition yet again.  Plaintiff will also consider moving to compel reconvening of Dr. Kolb’s deposition.    Plaintiff also reminds Defendants that they must supplement all prior document production in conformity with the  Stipulation & Order re Privacy. It is apparent that Defendants are laboring under an incorrect conception of the nature  and boundaries of the privacy order which the Court had issued.    Please let me know your response to the foregoing at your earliest convenience as the cutoff date for non‐dispositive  motions fast approaches.   

Sincerely, Gene Lee   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE

EMPLOYMENT

LAW

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 1

LEE

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28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

13

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Eugene D. Lee Eugene D. Lee [[email protected]] Thursday, August 28, 2008 10:08 AM '[email protected]' Discovery Meet and Confer

From: Sent: To: Subject:

Mark, We will be sending you a detailed list of the pathology dept-related documents which we still have not received in response to Plaintiff’s requests for production, set one. Also, there are additional discovery requests which remain at issue: REOUEST FOR PRODUCTION NO. 102 Any and all consultation reports issued by Jolm Hopkins Hospital or John Hopkins University of their aftiliates RELATlNU TO the follo",",ng KMC medical record numbers: S06-37 806-495 806-3511 806-4619 RESPONSE TO REQUEST FOR PRODUCTION NO. 102 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. REQUEST FOR PRODUCTION NO. 103 Any and all PATHOLOGY REPORTS RELATING TO the patient(s) corresponding to the following KMC medical record numbers: S06-4131 S06-5229 RESPONSE TO REQUEST FOR PRODUCTION NO. 103 The numbers listed in this request are not KMC medical record numbers. Nevertheless, Defendants will produce all documents responsive to this request. produce all documents responsive to this request. Since the deadline for motions to compel is Sept. 2, we kindly request your prompt response regarding the above at your earliest convenience. Thank you. Sincerely, Gene Lee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE

EMPLOYMENT

LAW

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 1

LEE

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Meet and confer correspondence between the parties

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Eugene D. Lee From: Sent: To: Cc: Subject: Attachments:

Eugene D. Lee [[email protected]] Monday, September 01, 2008 10:20 AM '[email protected]' 'Karen Barnes' FW: Path Doc Requests See my comments and edit before sending to Wasser image002.gif

Mark, Please see below re pathology-related documents. As we discussed during the depos, Plaintiff will be preemptively filing a motion to compel tomorrow but will withdraw the motion once the below documents requests are resolved.

FNA REPORTS We need additional computer records in the HBO system that demonstrate the log of changes by date and time made to the FNA reports sent to UCLA. The reports that we have don’t contain all of the documentation.

REQUEST FOR PRODUCTION NO. 65 Any and all DOCUMENTS RELATING TO case send-out logs for Kern Medical Center’s Pathology Department from January 1, 1999 to the present, including but not limited to corresponding Kern Medical Center pathology reports and reports from outside consultants.

This should be about 800 or more cases, probably 5 boxes full. These are located in files in the pathology office, and some in pathology storage. These are logs of cases that were sent out to outside facilities, both slides and KMC reports. Most will have a report from the outside facility when the slides were returned to KMC after review.

RESPONSE TO REQUEST NO. 65 Defendants object to this request to the extent it requests documents that contain confidential personnel information or information that is protected from disclosure by state or federal law, including HIPAA and the peer review privilege, or documents that are subject to the 1

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attorney/client privilege. Without waiving these objections, Defendants will produce documents responsive to this request by December 7, 2007. Defendants will redact confidential or privileged information as appropriate. REQUEST FOR PRODUCTION NO. 66 Any and all DOCUMENTS RELATING TO monthly turn-around-time reports and logs – by pathologist – for pathology reports processed at Kern Medical Center, including but not limited to Pathology Department Semi-annual Reports to the Medical Staff, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 66 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

We have not received any semi-annual pathology department notes before or after those written by Jadwin.

The TAT reports should be printed by pathologist for monthly (or quarterly) periods using the HBO reporting system. Kathy Griffith knows how to generate these reports. Reports should be generated for: Freedman, Ang, Lang, Liu, Jadwin, Dutt, Shertudke, and the new pathologist.

Reports can be generated for Surgical Cases (S99- through S08-), Fine Needle Aspiration (F01- through F08-), Non-Gynecologic Cytology (N01- through N08-) and Bone Marrows (B01- through B08-).

REQUEST FOR PRODUCTION NO. 67 2

Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 Page 166 of 182 Any and all DOCUMENTS RELATING TO monthly or semi-monthly turn-around-time reports and logs – for Kern Medical Center’s Pathology Department as a whole – for pathology reports processed at Kern Medical Center including but not limited to surgical pathology, cytology and bone marrow reports, for the time period from January 1, 1999 to the present. RESPONSE TO REQUEST NO. 67 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

Same as above, but for all pathologists as a whole.

REQUEST FOR PRODUCTION NO. 68 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS authored, reviewed or approved by Plaintiff which YOU sent to any outside pathologists for outside review from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 68 Defendants object to this request to the extent it requests documents that contain privileged peer review information. Without waiving this objection Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact all privileged information as appropriate.

Explanatory.

3

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REQUEST FOR PRODUCTION NO. 69 Any and all DOCUMENTS RELATING TO PATHOLOGY REPORTS RELATING TO Case Numbers S06-4131, S06-4619, S06-5229, S06-73276. RESPONSE TO REQUEST NO. 69 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer-review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

Explanatory.

REQUEST FOR PRODUCTION NO. 70 Any and all DOCUMENTS RELATING TO peer review RELATING TO Kern Medical Center’s Pathology Department during the time period from January 1, 1995 to the present, including but not limited to computer-generated data, monthly peer review records completed by pathologists, and peer review comment sheets that are completed by pathologists upon discovery of a discrepancy. RESPONSE TO REQUEST NO. 70 Defendants object to this request on the ground that it requests privileged peer-review 4

Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 information. Defendants also object on the ground that it requests information that is

Page 168 of 182

confidential under HIPAA and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendants will produce documents responsive to this request by January 7, 2008 if it is possible to redact the confidential and privileged information without rendering the resulting document useless.

These includes peer review data contained in the a peer review Access File maintained by the department secretary (Tracy Lindsey). This should be printed out by year for each and every pathologist in the system (anyone that worked from 2001 onwards. This report should print out case numbers with an associated original pathologist, reviewing pathologist and review code (letter-number): A-C and 0 or 1. This data should be provided in paper and electronic formats.

We also need to have corresponding peer review logs that are filled out each month by each and every pathologist. These are also maintained in the pathology office.

This would also include all corresponding peer review sheets containing comments related to review that are filled out by hand by the reviewing pathologist. There should be a review sheet for any consultation (A) and any case scored (“1”). There are about 20 four inch binders in the pathology department containing these sheets completed by the reviewer. Some may be in pathology storage behind the hospital.

REQUEST FOR PRODUCTION NO. 71 Any and all DOCUMENTS RELATING TO exceptional event logs for histology and pathology on Kern Medical Center’s Pathology Department from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 71 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it 5

Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 requests documents that contain privileged peer review information. Without waiving these

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objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

There should be exceptional event sheets filled out by pathologist and the histology section each month from 2001 to present. Typically there are 5 to 10 sheets generated each month. They are maintained in the pathology office and/or in pathology storage.l

REQUEST FOR PRODUCTION NO. 72 Any and all DOCUMENTS RELATING TO paper accession logs at Kern Medical Center’s Pathology Department from January 1, 2006 to present. RESPONSE TO REQUEST NO. 72 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

These are specimen accession logs that Vangie or other person in histology record all incoming specimens that are received each day. It lists the case number, the number of specimens and the labeling of each container

6

Case 1:07-cv-00026-OWW-TAG REQUEST FOR PRODUCTION NO. 73

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Any and all DOCUMENTS RELATING TO tissue disposal records for skull-flaps from January 1, 2006 to the present. RESPONSE TO REQUEST NO. 73 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 2007. Defendants will redact confidential and privileged information as appropriate.

All tissue destruction and/or disposal logs for tissue disposed by the pathology department that included skull flaps removed during surgery.

REQUEST FOR PRODUCTION NO. 74 Any and all DOCUMENTS RELATING TO audits of Kern Medical Center’s Pathology Department by outside consultants, including but not limited to Dr. Stacey Garry, from October 24, 2000 to the present. RESPONSE TO REQUEST NO. 74 Defendants object to this request to the extent it requests documents that contain information that is confidential under HIPAA. Defendants also object to the extent that it requests documents that contain privileged peer review information. Without waiving these objections Defendants will produce all documents responsive to this request by December 7, 7

Case 1:07-cv-00026-OWW-TAG Document 227-2 Filed 09/23/2008 2007. Defendants will redact confidential and privileged information as appropriate.

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Explanatory. Obtain any documents in the possess of Dr. Garry, who now lives in Idaho. She is a relative of a laboratory employee.

REQUEST FOR PRODUCTION NO. 76 Any and all DOCUMENTS RELATING TO dictation transcription logs for Plaintiff from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 76 Defendants will produce all documents responsive to this request by December 7, 2007.

These are reports generated by the transcription department. They are generated on a daily basis and stored in the pathology office in binders. If there are missing reports, then transcription can print the reports by day listing the dictation of each pathologist, the case number, the type of dictation, the length of dictation, etc.

REQUEST FOR PRODUCTION NO. 77 Any and all DOCUMENTS RELATING TO dictation transcription logs for Dr. Philip Dutt from June 14, 2006 to the present. RESPONSE TO REQUEST NO. 77 Defendants will produce all documents responsive to this request by December 7, 2007.

8

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REQUEST FOR PRODUCTION NO. 78 Any and all DOCUMENTS RELATING TO placental evaluations conducted by Plaintiff from June 14, 2006 to the present.

Copies of all placental reports during the time period specified completed by the department of pathology, including those of all pathologists.

Sincerely, Gene Lee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LAW OFFICE OF EUGENE LEEEMPLOYMENT LAW 555 WEST FIFTH ST., STE. 3100LOS ANGELES, CA 90013Tel: 3 ) 9 9 2 - 3 2 9 9 F a x : ( 2 1 3 ) 5 9 6 - 0 4 8 7 E - m a i l : [email protected] W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

9

(21

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EXHIBIT 15:

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Meet and confer correspondence between the parties

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

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Eugene D. Lee From: Sent: To: Subject:

Mark Wasser [[email protected]] Tuesday, September 02, 2008 6:48 PM [email protected] RE: Continued PMK

Gene, The IT guy at KMC says he cannot sort the database to print what you want in less than 4 days. I realize Dr. Jadwin thinks the IT guy is wrong but that is what I am told. So, no, I cannot produce additional documents by Thursday. Mark

From: Eugene D. Lee [mailto:[email protected]] Sent: Tuesday, September 02, 2008 6:42 PM To: [email protected] Subject: RE: Continued PMK

 

Are we going to have the Pathology-related documents prior to Dutt’s continued PMK depo, per your proposed dual-track schedule for Thurs? Sincerely, Gene Lee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAW

OFFICE

OF

EUGENE

EMPLOYMENT

LEE

LAW

555 WEST FIFTH ST., STE. 3100 LOS ANGELES, CA 90013 Tel: (213)992-3299 Fax: (213)596-0487 E - m a i l : [email protected] W e b s i t e : www.LOEL.com B l o g : www.CaLaborLaw.com  

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

        From: Mark Wasser [mailto:[email protected]] Sent: Tuesday, September 02, 2008 6:35 PM To: [email protected] Cc: Karen Barnes; Assistant to Mark A. Wasser Subject: Continued PMK

  Gene, 1

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Eugene D. Lee From: Sent: To: Cc: Subject: Attachments:

Mark Wasser [[email protected]] Friday, September 05, 2008 7:59 PM [email protected] Karen Barnes; Assistant to Mark A. Wasser RE: Path Docs/PMK due process image001.gif

Gene,

With regard to the pathology turn-around reports, we have consulted with James Pusavat, the interim laboratory manager, and Eric Santerre, the clinical laboratory supervisor. They both state that the STAR software is not able to print monthly turnaround reports by pathologist. Eric has verified that no such report exists in the SQL database. To run the reports Dr. Jadwin has requested would require that Eric (or an outside programmer at ~ $200/hour) write a special SQL report and then program the system with the requisite codes. The reports would then have to be downloaded into a PC and placed into a readable format - such as Excel. James and Eric estimate it would take between two to five days, depending on competing workload, to write the SQL report and program STAR. It would take another 4 to 5 days to print and collate the reports. Nothing in the FRCP requires the County to create documents that do not exist and cannot be readily generated by existing software. If Dr. Jadwin wants to discuss paying for it, that is a different issue. I will get you an estimate of the cost, if you want.

With regard to the “due process” subjects in the PMK (items 15, 16 and 17), there is no witness who can testify on these topics. The topics are somewhat artificial and, although I understand you do not intend for them to be “contention” requests, they are. Existing discovery has established what happened pretty clearly. Dr. Jadwin did not appear before the JCC at the time it considered removing him as chair. He did not request the opportunity to appear. He did not communicate with anyone at the County after the JCC meeting about the vote. He maintained the silence and absence that had characterized the previous several months. Dr. Jadwin was not consulted before he was placed on administrative leave. The only discussions regarding the nonrenewal of his contract were between you and me and arose in the context of an unsuccessful settlement effort to buy out his contract. I understand what Mr. Watson said at his deposition but you will find that there were no discussions of that subject other than the ones you and I had. The “decision” to not renew the contract was no more than a consequence of not being able to settle the dispute. As to whether the County believes Dr. Jadwin had a protected constitutional interest in the salary he lost, that is a legal issue.

I am willing to draft some undisputed facts about the issue but cannot complete that tonight. However, for purposes of the PMK, there is no witness.

With regard to the terms of Dr. Jadwin’s employment contract, base compensation and professional fees, if the witnesses you depose next Tuesday do not satisfactorily respond to those subjects, we will offer supplemental witnesses after I return from vacation. 1

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Mark

________________________________ From: Eugene D. Lee [mailto:[email protected]] Sent: Friday, September 05, 2008 5:01 PM To: [email protected] Subject: Path Docs/PMK due process

Mark,

As we discussed, please let me know what the status is re:

1) Pathology dept-related documents (Plaintiff’s requests for production, set one, nos. 65-78) 2) PMK reps who will address items 15-17 of Plaintiff’s PMK depo notice (due process-related items). Just to remind you, Plaintiff is seeking PMKs who can address: a) the terms of Plaintiff’s employment contract dated 2002 regarding base comp and professional fees, b) KMC’s practice of renewing or not renewing physician contracts, c) the procedure which Kern gave to Plaintiff in connection with removal, administrative leave and non-renewal

We will not be able to depose PMK (Dutt) on items 28 or 29 (monthly turnaround times for pathology, plaintiff’s work performance) on next Tuesday unless we are in receipt of the documents cited in paragraph 1) above.

Please contact me anytime (including this weekend) if you want to discuss the above.

2

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EXHIBIT 17:

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Declaration of Eugene Lee in Support of Motion

28 EXHIBITS TO JOINT STATEMENT re: DISCOVERY DISAGREEMENT re: INTERROGATORIES

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4

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]

5

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

1 2 3

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6 7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9

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

10 v. 11

Civil Action No. 1:07-cv-00026 OWW TAG DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION

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

Date: September 26, 2008 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA

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

15 16

Plaintiff submits this Declaration of Eugene D. Lee pursuant to Local Rule 37-251(d) in lieu of a 17 joint statement re discovery disagreement. 18 I, Eugene D. Lee, declare as follows: 19 1.

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

20 California and admitted to practice before the U.S.D.C. for the Eastern District of California. I am 21 counsel of record for Plaintiff David F. Jadwin in this matter. 22 2.

I am making this declaration in support of plaintiff’s motion to compel production. I have

23 personal knowledge of the matters set forth below and I could and would competently testify thereto if 24 called as a witness in this matter. 25 3.

I have spent and anticipate spending substantially in excess of 8.8 hours meeting and

26 conferring with Mr. Wasser by phone, fax, letter and email, researching and drafting these moving 27 papers and attending the motion hearing in Bakersfield, CA. My regular rate for such services is $400 28 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 1

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1

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Filed 09/23/2008

per hour.

2

Date

Task

Billed Time (hrs)

3

8/5/08

0.1

4

8/10/08

5

8/18/08

6

8/18/08

7

8/28/08

8

9/1/08

9

9/2/08

10

9/5/08

11

9/1/08

12

9/19/08

Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Review Defendants’ responses to RPD3 Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Email to Mr. Wasser re doc requests Emails from/to Mr. Wasser re doc requests Emails from/to Mr. Wasser re doc requests Draft and file Motion to Compel Draft Joint Statement to Motion to Compel

13 14 15 16 17 18 19

Page 180 of 182

4.

0.1 0.7 0.8 0.3 0.9 0.2 0.6 0.5 4.6

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

from Bakersfield, CA (distance of 97.9 miles per www.maps.google.com), and an additional estimated 1 hour preparing for and attending the hearing before this Court. 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 $5,120 in compensation for the 8.8 hours charged

20

($3,520), and 4 hours anticipated to be charged ($1,600), in connection with this motion and underlying

21

dispute.

22

7.

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

23

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

24

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

25

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

26

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

27

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

28 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 2

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Filed 09/23/2008

Page 181 of 182

1

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

2

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

3

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

4

Office of Eugene Lee since 2005.

5

8.

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

6

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

7

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

8

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

9

counsel in this action. Mr. Jones declined.

10 11 12

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.

13 Executed on: September 23, 2008 14 15 16

/s/ Eugene D. Lee

17

EUGENE D. LEE Declarant

18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EUGENE D. LEE IN SUPPORT OF MOTION TO COMPEL PRODUCTION 3

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

1 2 3 4

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Filed 09/23/2008

Page 182 of 182

CERTIFICATE OF SERVICE I, the undersigned, hereby declare: I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party 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 of this DOCUMENT, I served the following:

5 6

JOINT STATEMENT re: DISCOVERY DISPUTE re: MOTION TO COMPEL PRODUCTION

7 on the following parties in this action by and through their attorneys addressed as follows: 8 9 10 11 12

Mark A. Wasser LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Fax: (916) 444-6405 Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher, Jennifer Abraham, Scott Ragland, Toni Smith and William Roy

13 14 15

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.

16 17

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.

18 Executed on September 19, 2008, at Los Angeles, California. 19 20 21 Eugene D. Lee

22 23 24 25 26 27 28 CERTIFICATE OF SERVICE