315 Defendants Pretrial Statement

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

I

Document 315

4

Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasserlal.markwasser.com

5

Attorneys for Defendants County of Kern, et al.

2 3

Filed 04/17/2009

Page 1 of 7

6 7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9 10

DAVIn F. JADWIN, D.O. Plaintiff,

11

12 13

Case No.: 1:07-cv-00026-0WW-DLB DEFENDANTS' PRE-TRIAL STATEMENT

vs. COUNTY OF KERN,

14

Date: April 20, 2009 Time: 11 :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA

Defendant.

15 Date Action Filed: January 6, 2007 Trial Date: May 12,2009

16 17 18

Defendants submit this Pre-Trial Statement, pursuant to Local Rule 16-281. Defendants

19

anticipated filing a joint statement but Plaintiff broke off discussions and filed his own statement

20

before the joint statement was prepared. Defendants did not receive a draft of a proposed joint

21

statement from Plaintiff until 5:20 p.m., Thursday, April 16. Plaintiff's draft statement was 72

22

pages long.

23

1. Jurisdiction - Venue

24

Defendants reserve the right to raise jurisdictional issues depending on the resolution of

25

Plaintiff's federal claims.

26

2. Jury

Non-Jury

27

Defendants demand a jury trial.

28 -1-

DEFENDANTS' PRE-TRIAL STATEMENT

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

Document 315

Filed 04/17/2009

Page 2 of 7

1

3. Undisputed Facts

2

Plaintiff David F. Jadwin, D.O. (hereinafter referred to as "Plaintiff') and County of Kern

3

(hereinafter referred to as "County") entered into employment agreement on October 24, 2000.

4

Plaintiff thereafter began full-time employment at Kern Medical Center (hereinafter referred as

5

"KMC") as a pathologist and Chair of the Department of Pathology. Plaintiff was compensated

6

and provided with certain benefits pursuant to his employment agreement. County placed

7

Plaintiffs initial salary level at Step C. County expected Plaintiff to be an effective member of

8

the physicians' staff at KMC and to contribute to the overall improvement of the hospital.

9

Plaintiff was employed by COllilty from October 24,2000 to October 4, 2007. During the

10

entire tenure of Plaintiff s employment, County continually employed Plaintiff within the

11

meaning of the Family Medical Leave Act [29 C.F.R. §825.l059(c)] (hereinafter referred to as

12

"FMLA"), the California Family Rights Act [California Government Code §12945.2(b)(2)]

13

(hereinafter referred to as "CFRA"), and the Fair Employment and Housing Act [California

14

Government Code §12926(d)] (hereinafter referred to as "FEHA"). County is a government

15

agency. Any acts or omissions of the individual Defendants were under color of law.

16

Plaintiff requested and took reduced work schedule CFRA medical leave beginning

17

December 16, 2005. On April 26, 2006, Plaintiff requested an extension of his leave of absence

18

to commence on March 15,2006 and end on September 16,2006. Peter Bryan, Chief Executive

19

Officer of KMC, wrote a memorandum to Plaintiff, dated April 28, 2006, notifying Plaintiff that

20

his rights to leave under the applicable laws and county policy would expire on June 16, 2006

21

and instructing Plaintiff to advise Mr. Bryan of his intentions whether Plaintiff would be

22

returning to work fUll-time or resigning. Mr. Bryan also noted that Plaintiff was provided a

23

medical leave history, along with calculations of, and policies about, his medical leave. Plaintiff

24

did not return to work on June 16,2006 and on July 10,2006 the KMC Joint Conference

25

Committee removed Plaintiff from his position as Chair of the Department of Pathology. The

26

Joint Conference Committee acted pursuant to the bylaws ofKMC when it voted to remove

27

Plaintiff as Chair of the Department of Pathology. Plaintiffs removal was not a corrective or

28

disciplinary act. -2DEFENDANTS' PRE-TRIAL STATEMENT

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

Document 315

Filed 04/17/2009

Page 3 of 7

1

On October 3, 2006, Plaintiff approved an amendment to his employment agreement and

2

thereafter returned to work as a staff pathologist. On December 7, 2006, County placed Plaintiff

3

on paid administrative leave "pending resolution of a personnel matter." Plaintiff remained on

4

paid administrative leave until his employment agreement expired on October 4,2007.

5 6 7 8 9 10 11 12 13 14 15

4. Disputed Factual Issues

1. Whether the County retaliated against Plaintiff for exercising his leave rights by removing Plaintiff from the chairmanship of the Department of Pathology. 2. Whether the County retaliated against Plaintifffor exercising his leave rights by not renewing Plaintiff's employment agreement. 3. Whether the County retaliated against Plaintiff for filing this lawsuit by not renewing Plaintiff's employment agreement. 4. Whether Mr. Bryan's offer to place Plaintiff on full-time leave was a reasonable accommodation. 5. Whether there was any other reasonable accommodation for a person in Plaintiff's position.

16

6. Whether Plaintiff could perform the essential functions of his job.

17

7. Whether the additional leave after June 16,2006 was necessary because of Plaintiff's

18 19

disability. 8. To what extent did Plaintiff's behavior cause or contribute to the circumstances he

20

complains of.

21

5. Disputed Evidentiary Issues

22

Defendant objects to any attempt by Plaintiff to use video of deposition testimony that

23

was not taken by a certified court reporter or independent certified videographer. Defendant is

24

aware that Plaintiff's counsel video-taped several depositions using personal equipment. Despite

25

repeated requests to be provided copies of those videos, Defendant has never been provided any

26

copy of any video. In addition, this evidence may be disqualified under Federal Rules of Civil

27

Procedure Rule 28(c) because the person taking the video recording is the plaintiff's attorney.

28 -3DEFENDANTS' PRE-TRIAL STATEMENT

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

Document 315

Filed 04/17/2009

Page 4 of 7

I

6. Special Factual Information in Certain Actions: Contracts

2

Any remaining issues involving Plaintiff's employment contract are incorporated into the

3

section of disputed factual issues.

4

7. Relief Sought

5

Defendant seeks a favorable judgment on all remaining claims and an award of costs

6

pursuant to statute and attorneys' fees.

7

8. Points of Law

8

These legal issues remain to be litigated:

9 10

I. Defendants dispute that Dr. Kercher, Dr. Abraham, Dr. Ragland, Dr. Roy and Toni Smith remain as defendants in this litigation.

II

2. Whether Defendants interfered with Plaintiff's FMLA/CFRA leave rights.

12

3. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by

13 14 15

removing him from his chairmanship. 4. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by placing him on paid administrative leave.

16

5. Whether Defendants retaliated against Plaintiff for asserting his rights under the

17

FMLA/CFRA through litigation by not renewing his employment agreement.

18

6. Whether Defendants discriminated against Plaintiff based on his disability by

19 20 21

removing him from his chairmanship. 7. Whether Defendants retaliated against Plaintifffor asserting his rights under FEHA through litigation by not renewing his employment agreement.

22

8. Whether Defendants failed to reasonably accommodate Plaintiff's disability by

23

recommending that Plaintiff take full-time leave which Plaintiff did without

24

protest, and whether there was any other reasonable accommodation for the

25

plaintiff that could have been discovered through an interactive process.

26 27 28

9. Whether Defendants denied Plaintiff procedural due process under the County's Administrative Leave with Pay policy. 10. Whether Plaintiff had a right to "active duty" during his paid administrative leave. -4DEFENDANTS' PRE-TRIAL STATEMENT

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

1

Document 315

Filed 04/17/2009

Page 5 of 7

11. Whether Plaintiff s behavior defeats his claims for: discrimination against

2

Plaintiff based on disability, retaliation against Plaintifffor asserting his rights

3

under FEHA, retaliation against Plaintifffor asserting his rights under FMLA, an

4

retaliation against Plaintiff for asserting his rights under CFRA.

5

9. Abandoned Issues

6

1. Plaintiffs defamation claims under California Civil Code §§45-47.

7

2. Plaintiffs Fair Labor Standards Act (29 U.S.C. §201 et seq.) claims.

8

3. All claims against individual defendants Eugene Kercher, M.D., Jennifer

9

Abraham, M.D., Scott Ragland, M.D., Toni Smith, and William Roy, M.D.

10

4. Defendant's Eighth Affirmative Defense asserting failure to exhaust

11

administrative remedies.

12

10. Witnesses

13

Defendants' separate Witness List is attached to this Pre-Trial Statement. Defendants

14

reserve the right to call any witness listed on Plaintiffs list. Defendants reserve the right to call

15

any witness not listed for the purpose of authentication of a document.

16

11. Exhibits - Schedules and Summaries

17

Defendants' separate Exhibit Lists are attached to this Pre-Trial Statement. Defendants

18

reserve the right to supplement the exhibit list as necessary to respond to evidence and for

19

rebuttaL

20

12. Discovery Documents

21

Defendants may offer its' own responses to Interrogatories Nos. 3 (supplemental

22

response), 48 (supplemental response), 75,80,81,83, and 98. Defendant may offer its' own

23

responses to Requests for Admission Nos. 17, 139, 158, 159, 164, and 165.

24

13. Further Discovery or Motions

25

No further discovery is required. Except for Motions in Limine, no pre-trial motions are

26

required.

27

14. Stipulations

28

1. Plaintiff was entitled to take full-time FMLA/CFRA leave from December 2005 -5DEFENDANTS' PRE-TRIAL STATEMENT

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

Document 315

Filed 04/17/2009

Page 6 of 7

through May 2006. 2. Plaintiff exhausted his FMLAJCFRA leave by the time his Personal Necessity Leave

2 3

began in June 2006.

4 5

3. There is no dispute that Defendants' reasonably accommodated Plaintiffs disability from December 16, 2005 to April 16, 2006.

6

15. Amendments - Dismissals

7

None.

8

16. Settlement Negotiations

9

The parties have not discussed settlement since the unproductive settlement conference

10

before Magistrate Judge Goldner.

II

17. Agreed Statements

12

Aside from the Undisputed Facts in section 3 above, Defendants are not aware of any

13

facts in agreement.

14

18. Separate Trial oflssues

15

Defendants do not believe that a separate trial on any issue is necessary, feasible, or

16

advisable.

17

19. Impartial Experts - Limitation of Experts

18

Defendants do not believe that Court-appointed impartial expert witnesses or a limitation

19

on the number of expert witnesses is necessary.

20

20. Attorneys' Fees

21

Defendants reserve the right to bring a motion for attorneys' fees, at the time and in the

22

matter specified, on any matter allowed by law, including 42 U.S.C. § 1988 and the federal

23

Family and Medical Leave Act.

24

21. Trial Exhibits

25

Defendants do not foresee the need for special handling of any of its trial exhibits.

26

III

27

III

28

III -6DEFENDANTS' PRE-TRIAL STATEMENT

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

22. Miscellaneous

2

None.

3

Respectfully submitted,

4

Dated: April17, 2009

Document 315

Filed 04/17/2009

Page 7 of 7

LAW OFFICES OF MARK A. WASSER

5

6 7

8

By:

/s/ Mark A. Wasser Mark A. Wasser Attorney for Defendants County of Kern, et al.

9 10 11 12 13

14 15 16

17 18 19 20 21 22 23

24 25

26 27

28 -7DEFENDANTS' PRE-TRIAL STATEMENT

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

I

2 3 4

Document 315-2

Filed 04/17/2009

Page 1 of 7

Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, Califomia 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: [email protected]

5 6

Attomeys for Defendants County of Kern, et al.

7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9 10

II

14

DEFENDANTS' TRIAL EXHIBIT LIST

Plaintiff,

12 13

Case No.: I :07-cv-00026-0WW-DLB

DAVID F. JADWIN, D.O.

Date: April 20, 2009 Time: II :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA

vs.

COUNTY OF KERN, Defendant.

15

Date Action Filed: January 6, 2007 Trial Date: May 12,2009

16

DEFENDANTS' EXHIBIT LIST

17 18

Description

Document No.

19

1. First Employment Contract between Kem Medical

20

Center (hereinafter referred to as KMC) and David F.

21

Jadwin, D.O. (hereinafter referred to as Jadwin)

22 23 24 25 26

2. Letter from Peter K. Bryan (hereinafter referred to

Objection

DFJOO025-00046

0000202-203

as Bryan) to Jadwin, dated 8114/01 3. Medical Staff Bylaws

0000272-358

4. Second Employment Contract between KMC and

0001479-1499

Jadwin

27 28

5. Letter to Bryan from Jadwin, dated 119/06

DFJOO723 -1-

DEFENDANTS' TRlAL EXHIBIT LIST

I

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

Document 315-2

6. Jadwin's vigorous job search in the first six months

Filed 04/17/2009

DFJ02422-2459

2

of2006

3

7. Certification of Health Care Provider dated 1113/06

4

for Jadwin

5

8. Certification of Health Care Provider, dated 4/26/06

DFJ01150

6

9. Jadwin's Request for Leave of Absence (hereinafter

DFJ00746

7

referred to as LOA), dated 3/2/06

8

10. KMC's responsive document to the LOA request,

9

dated 3/2/06

10

11. Two e-mails by Jadwin dated 3/16/06. One is to

11

Bryan and the other is to Dr. Kercher

12

12. Notice from Human Resources to Jadwin, dated

13

4/20/06

14

13. Jadwin's request for Leave of Absence Extension,

15

dated 4/26/06

16

14. Memo from Bryan to Jadwin, dated 4/28/06

17

15. Letter to Bryan from Jadwin, dated 5/31106

DFJOO726

DFJ00747-748

DFJ00752-753

DFJ00796

DFJOl158

DFJOl121 Bryan Depo., 8/14/08, Exh 311

18 16. Letter from Bryan to Jadwin, dated 6/14106

DFJOl141

17. Mortgage verification of employment for Jadwin,

DFJ01343

19 20 dated 6/22/06 21 18. Document showing Jadwin's leave and allowances

22 expiring by June 16

th

23

Exhibit 2 to 2 Amended Complaint

19. Tort Claims Act Complaint, dated 7/3/06 24 25 26 27 28

Bryan Depo., 8/14/08, Exh 303

20. Memorandum to the Joint Conference Committee

0001476-1565

(hereinafter referred to as JCC) from Bryan, dated

7/10/06 21. JCC meeting minutes of the meeting in July 2006

nd

0000073-75

-2DEFENDANTS' TRIAL EXHIBIT LIST

Page 2 of 7

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

Document 315-2

Filed 04/17/2009

I

22. Letter to Dr. Harris from Jadwin, dated 9111/06

DFJ01388-1389

2

23. Letter from David Culberson (hereinafter referred

DFJ01398

3

to as Culberson) to Jadwin, dated 9/20/06

4

24. Letter from Culberson to Jadwin, dated 12/7/06

DFJOl482

5

25. Kern County Policy and Administrative Procedures

0016941

6

Manual, pg. I :22, Section titled "Administrative Leave

7

with Pay."

8

26. Letter from Mark Wasser to Eugene Lee, dated

9

4/30/07

DFJOl701

10

27. Letter to Mark Wasser from Eugene Lee, dated

II

511/07

12

28. E-mail to Jadwin with a contract amendment

13

attached to it

14

29. Exhibit 581 is the same contract amendment as

15

Exhibit 644, although Exhibit 581 is signed and some

16

terms are changed.

17

30. Letter from Dr. Ang to Dr. Perez, Bryan, Dr. Kolb,

18

and Dr. Munoz, dated 2/20/02

19

31. Memorandum by Dr. Ang, dated 3/8/02

0000736

32. Jadwin's actual (failing) test for cervical pap

0000737

20 21

22 23 24 25 26 27 28

Page 3 of 7

DFJ01703-1704

Jadwin Depo., 3112/08, Exh 644 Jadwin Depo., 3/12/08, Exh 581

0000690-691

.

smears 33. Report to Dr. Maureen Martin from Jadwin, dated

000 I 059-1 072

11/20/02 34. Twenty-nine medical reports from 2004 and 2005

0001163-1310

35. Letter from Dr. Roy to Jadwin, dated 4/15/05

DFJ00363

36. Letter to Dr. Roy from Jadwin, dated 4/20/05

DFJ00364-366

37. Letter from Dr. Roy to Jadwin, dated 7115/05,

DFJ00439

responding to Jadwin's letter to him dated 6/5/05

DFJ00437

-3DEFENDANTS' TRIAL EXHIBIT LIST

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

Document 315-2

Filed 04/17/2009

I

38. Letter from Dr. Roy to Dr. Harris, dated 2/22/06

0000434-476

2

39. Pathology Quality Management Policy, September

0018516

3

2005

4

40. E-mail from Angie Reyes to Dr. Harris and Tony

5

Smith, dated 4117/06

6

41. E-mail from Tracy Lindsey to Ramona Case, dated

7

11127/06

8

42. Report from Dr. Dutt to Peer Review Committee,

9

dated 12114/06

0000398

0000823

0000882-895

10

II

43. Policy Statement of the Disruptive Behavior,

12

Discrimination & Harassment Policy, specifically

0010685-10688

13

Section V, Item A

14

44. E-mail to Michael Ewald from Jadwin, dated

15

10/9/03

16

45. Confidential file of investigation of Jadwin pulling

17

Dr. Lau by his tie, dated 10/21103

18

46. Letter from Dr. Kolb to Jadwin, dated 11126/03

DFJ00246

19

47. Letter to Dr. Lau from Jadwin, dated 10119/05

DFJ00590

20

48. Kern Medical Center FNA Consulting Project

DFJ00251-270

21

report by Dr. David Lieu, M.D., M.B.A., dated 5/3/04.

22

49. E-mail to Drs. Kercher and Dr. Kolb from Jadwin,

23

dated 9/3/04

24

50. E-mail to Bryan from Jadwin, dated 2/2/05

DFJ00319-320

25

51. Exchange of e-mails between Dr. Ragland and

DFJ00353-354

26

Jadwin, dated 2/25/05

27

52. Exchange of e-mails between Dr. Ragland and

28

Jadwin, dated 11119 & 11/20103

0000260

0000031-70

DFJ00289-290

DFJ0024 1-242

-4DEFENDANTS' TRIAL EXHIBIT LIST

Page 4 of 7

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

Document 315-2

Filed 04/17/2009

I

53. Memo from Dr. Ragland to Jadwin, dated 1/21/04

DFJ00248

2

54. Memo from Dr. McBride to Jadwin, dated 5/9/05

3

55. Instructions for the Cancer Conference presenters

DFJ00381 Patel Depo., 12/6/07, Exh 25

4

5 6 7

8 9 10

II 12 13 14 15 16 17 18 19

56. Pathology Dept.'s oncology conference

DFJ00508-574

presentation-67 slides-by Jadwin 57. Memo from the Cancer Committee (Drs. Patel, Jolmson, and McBride) to Jadwin, dated 10112/05 58. Anonymons (redacted) memo (author-Dr. Taylor)

dated 10112/05 59. Letter from Drs. Kercher, Ragland, Abraham and

24 25 26 27 28

DFJ00588

Harris to Jadwin, dated 10117/05 60. E-mail from Dr. Ragland to Dr. Harris, dated

0000094

10118/05 61. E-mail to Toni Smith, R.N. from Jadwin, dated

DFJ00408-409

5/20105 62. E-mail to Toni Smith, R.N. from Jadwin, dated

DFJ02499

5/20105 63. Memo to Bryan from Toni Smith, dated 4117106 64. E-mail to Bryan from Jadwin, dated 3/2/06

0000401-403 Bryan Depo., 8114/08, Exh 271

65. Letter to Dr. Kolb from Jadwin, dated 11/22/03

DFJ00243-245

66. E-mail to Dr. Kercher from Jadwin, dated 211105

DFJ00316

67. E-mail from Dr. Kercher to Jadwin, dated 2/1/05

DFJ00317

68. E-mail to Peter Bryan and Dr. Kercher from

DFJ00355

21

23

DFJ00580

of complaint about Jadwin's oncology presentation,

20

22

DFJ00578

Jadwin, dated 2/28/05 69. Letter to Dr. Ragland from Jadwin, dated 10119/05

DFJ00592

70. Letter to Dr. Sergio Perticucci from Jadwin, dated

DFJ00356-357

-5DEFENDANTS' TRIAL EXHIBIT LIST

Page 5 of 7

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

Document 315-2

Filed 04/17/2009

I

3/3/05

2

71. E-mail to Dr. Kercher from Jadwin, dated 6/7/05

DFJ00427

3

72. E-mail to Dr. Kercher from Jadwin, dated 6/27/05

DFJ00436

4

73. Letter to Dr. Roy from Jadwin, dated 2/1 0/06

DFJ00738

5

74. Memorandum from Bryan to Jadwin, dated 2/21/06

DFJ00740-741

6

75. Email to Bryan from Jadwin, dated 2/23/06

DFJ00744-745

7

76. Exchange of e-mails between Bryan and Jadwin,

DFJ00783

8

dated 3/24/06, 3/27/06, and 4/5/06

9

77. Memorandum from Bryan to Jadwin, dated 4/17/06

DFJ00794-795

10

78. E-mail from Bryan to Jadwin, dated 4/17/06

0001581

II

79. E-mail from Dr. Ragland to Bryan, dated 2/23/06

0000507

12

80. Exchange of e-mails between Dr. Dutt and Jadwin,

DFJOl430

13

dated 11/6/06

14 15 16 17 18

81. E-mail from Evangeline "Vangie" Gallegos to Dr.

0000824

Dutt, dated 11/6/06 82. Exchange of e-mails between Dr. Dutt and Jadwin,

DFJOl439 (0000840-841 )

dated 11/13/06 and 11/14/06 83. E-mail from Dr. Dutt to Jadwin, dated 11/17/06

19 84. E-mail from Dr. Dutt to Jadwin, dated 11/22/06 20

DFJ01446-1447 (0000843) DFJOl448 (0000850) DFJOl449 0000851)

21

85. E-mail from Dr. Dutt to Jadwin, dated 11/22/06

22

86. E-mail from Dr. Dutt to Jadwin, dated 12/4/06

0000827

23

87. E-mail from Dr. Dutt to Yolanda Figueroa, dated

0000862

24

12/7/06

25

88. E-mail from Dr. Dutt to Jadwin, dated 12/5/06

26 27 28

89. E-mails between Dr. Dutt and Jadwin, dated

DFJOl465 (0000856) DFJ01476-1478 (0000857-858)

12/6/06 90. E-mail from Dr. Dutt to Culberson, dated 12/6/06

0001466

-6DEFENDANTS' TRIAL EXHIBIT LIST

Page 6 of 7

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

Document 315-2

Filed 04/17/2009

1

91. E-mail from Dr. Dutt to Jadwin, dated 12/7/06

0000863

2

92. E-mail to Dr. Dutt from Jadwin, dated 12/6/06,

DFJO 1479-1480

3

with copies to Culberson, Dr. Harris and Karen Barnes

4

93. Calculations of Professional Fees for 2004 to 2007

5

Page 7 of 7

0018755-18917

Respectfully submitted,

6 7

Dated: April 17, 2009

LAW OFFICES OF MARK A. WASSER

8

9 10

By: lsi Mark A. Wasser Mark A. Wasser Attorney for Defendants County of Kern, et al.

11

12 13

14

15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7DEFENDANTS' TRIAL EXHIBIT LIST

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

Document 315-3

4

Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 2640 Sacramento, California 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasserlalmarkwasser.com

5

Attorneys for Defendants County of Kern, et a!.

1

2 3

6

Filed 04/17/2009

Page 1 of 4

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8

9 10

DAVID F. JADWIN, D.O. Plaintiff,

11

12 13

vs.

COUNTY OF KERN, et a!., Defendants.

14

Case No.: I :07-cv-00026-0WW-DLB

DEFENDANTS' WITNESS LIST Date: April 20, 2009 Time: II :00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA Date Action Filed: January 6, 2007 Trial Date: May 12,2009

15 16 17 18

DEFENDANTS' WITNESS LIST NAME 1. Jennifer Abraham, M.D.

19 20 21

2. Elsa Ang, M.D. 3. Peter Bryan

22 23 24

4. Robert Burchuk, M.D. 5. Michelle Burris

25 26

ADDRESS c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 4200 Sill Place Bakersfield, CA 93306 6424 S. Abilene Street Centennial, CO 80 III 6320 Canoga Ave., Suite 1500 Woodland Hills, CA 91367 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

6. Ramona Case

27 28

7. Sandra Chester

-1DEFENDANTS' TRIAL WITNESS LIST

EXPERT

Expert

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

I

8. David Culberson

2 3

9. Philip Dutt, M.D.

4 5 6 7

Document 315-3

Filed 04/17/2009

The Camden Group 100 N. Sepulveda Blvd., Ste. 600 EI Segundo, CA 90245 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

10. Michael Ewald (ex-KMC employee) II. Yolanda Figueroa

8

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

12. Evangeline Gallegos 9

I0 II

13. Irwin Harris, MD.

I2

14. David Hill

I3

15. Eugene Kercher, M.D.

I4 I5

16. Marvin Kolb, M.D.

16

17. Adam Lang, M.D.

17

18. Chester Lau, M.D.

18 19 20

19. David Lieu, M.D.

110 Castilian Drive Goleta, CA 93117 7404 Arleta Avenue Bakersfield, CA 93308 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 128 Stonebridge Road Lilydale, MN 55118 10506 Finchley Drive Bakersfield, CA 93311 1061 Dakin Avenue Menlo Park, CA 94025 1613 Chelsea Road, Ste 323 San Marino, CA 91108

20. Tracy Lindsey

21 22

21. Don Maben

23 24

22. Michael Maggard

25

23. Maureen Martin, M.D.

26 27 28

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

24. Gilbert Martinez (ex-KMC employee)

-2DEFENDANTS' TRIAL WITNESS LIST

Page 2 of 4

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

1

25. Thomas McAfee, M.D.

2 3

26. Albert McBride, M.D.

4 5

28. Steven O'Connor

8 9

12

30. Sergio Perticucci, M.D. 31. Scott Ragland, D. O.

13 14

17

Expert

c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

600lD Truxton Avenue, Ste 420 Bakersfield, CA 93309 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

32. Angie Reyes

15 16

University of CA San Diego 402 West Dickinson, Ste 4-480 San Diego, CA 92103-8986 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

Page 3 of 4

29. Barbara Patrick

10 11

Filed 04/17/2009

27. Jon McQuiston

6 7

Document 315-3

33. William Roy, M.D.

6701 Airport Blvd, Ste B-127 Mobile, AL 36608

34. Michael J. Rubio

18 19

35. Rick Sarkisian, Ph.D.

20 21

36. Savita Shertukde, M.D.

22 23 24 25 26 27 28

37. Antoinette (Toni) Smith, M.S.N., R.N. 38. Edward (Bill) Taylor, M.D. 39. Constantine Boukidis

Valley Rehabilitation Svcs, Inc. 545 East Alluvial Ave., Ste 116 Fresno, CA 93720-2826 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305 c/o Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

Expert

c/o Kern Faculty Medical Group 2201 MT Vernon Avenue Bakersfield, CA 93306 Vavoulis & Weiner, LLC 516 West Shaw Avenue, Ste 200 Fresno, CA 93704-2515

-3DEFENDANTS' TRIAL WITNESS LIST

Expert

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

I

Document 315-3

Filed 04/17/2009

Page 4 of 4

40. Ray Watson

2 3

41. Charles Wrobel, M.D.

4 5

Respectfully submitted,

6

Dated: April 17, 2009

clo Kern Medical Center 1830 Flower Street Bakersfield, CA 93305

LAW OFFICES OF MARK A. WASSER

7 8 9

By: lsi Mark A. Wasser Mark A. Wasser Attorney for Defendant County of Kern

10 11 12

13 14 15 16 17 18 19 20 21

22 23 24 25

26 27 28 -4DEFENDANTS' TRIAL WITNESS LIST