347 P Prop Order D Mils

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

Document 347

Filed 05/11/2009

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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1:07-cv-00026-OWW-DLB [PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE (Doc. 323)

vs.

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COUNTY OF KERN, 12 Defendant. 13 14 15

This matter came on for hearing before the Hon. Oliver W. Wanger on May 8, 2009 at 12 p.m. in

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Courtroom 3 of the United States District Court for the Eastern District of California. The Court read

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and reviewed the motions, declarations and memoranda of the parties, and considered the arguments of

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counsel. Eugene D. Lee of the Law Office of Eugene Lee and Joan Herrington of Bay Area Employment

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Law Office appeared for Plaintiff and Mark A. Wasser of the Law Offices of Mark A. Wasser appeared

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for Defendant. Good cause appearing, the Court hereby grants in part, denies in part, Defendant

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COUNTY OF KERN’s motions in limine (Doc. 323) as follows:

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The Court grants and denies Defendant County of Kern’s motions in limine as follows:

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Motion in Limine No. 1 to Exclude Attorneys as Witnesses: Withdrawn.

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Motion in Limine No. 2 to Exclude any Evidence that Plaintiff’s Removal as Chair

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Violated any Statutes other than FMLA and FEHA: Granted, except as to FMLA, FEHA and

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CFRA.

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Motion in Limine No. 3 to Exclude any Evidence Regarding Plaintiff’s Professional Competence: Denied without prejudice. Although Plaintiff’s competence is not directly in issue, either

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party may offer evidence that references his competence for the limited purpose of explaining the

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context of actions and writings that may be relevant to the parties’ claims and defenses.

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Motion in Limine No. 4 to Exclude Evidence of Misconduct by any Other Physician

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at KMC: Granted in part and denied in part. To the extent this Motion seeks to prevent review of

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personnel proceedings that involve other physicians, it is granted. However, the parties are free to

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introduce evidence involving other physicians to make or refute claims of disparate treatment or

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discrimination relevant to Plaintiff’s claims. To that extent, the Motion is denied.

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Motion in Limine No. 5 to Exclude Testimony from Undisclosed Witnesses: Granted as to witnesses not currently on a party’s witness list or the joint witness list. Motion in Limine No. 6 to Exclude Evidence of any “Disability” other than Depression: Granted. Plaintiff has abandoned all claims of physical disability. Motion in Limine No. 7 to Exclude Evidence of Whistleblowing or Retaliation for

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Whistleblowing: Granted in part, denied in part. Defendant is not liable under theories of

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whistleblowing and no evidence of whistleblowing shall be admissible to establish or suggest liability.

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However, the parties are free to introduce evidence regarding Plaintiff’s actions, including actions that

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were intended to be whistleblowing, as relevant to their respective claims and defenses.

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Motion in Limine No. 8 to Exclude Videotape Depositions Prepared by Plaintiff’s

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Counsel: Denied. Plaintiff is to provide no less than 5 days’ prior notice to the Defendant of his use of

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deposition video, the notice to include tracking, page and line references.

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Motion in Limine No. 9 to Dismiss the Individual Defendants and Abandoned Claims: Granted and the case shall be re-captioned accordingly. Motion in Limine No. 10 to Exclude Plaintiff’s Exhibits of Documents Bates-

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Stamped DFJ02633-DFJ02948:

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2009 of the contents of all documents identified in this Motion.

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Denied. Plaintiff is to provide notice to the Defendant on May 9,

Motion in Limine No. 11 to Exclude Evidence of Litigation between Dr. Rebecca Rivera and the County: Granted. Motion in Limine No. 12 to Exclude Evidence of an Investigation of Dr. Roy by the Medical Board of California: Granted.

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Motion in Limine No. 13 to Limit Damages for Back Pay: Withdrawn.

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IT IS SO ORDERED.

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Date: May , 2009

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______________________________________ Honorable Oliver W. Wanger United States District Judge Eastern District of California

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