351 Order D Mils

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

Document 351

Filed 05/13/2009

Page 1 of 3

1 2 3 4 5 6 7 8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 11

DAVID F. JADWIN, D.O. Plaintiff,

12 13 14 15 16

Case No.: 1:07-cv-00026-OWW-DLB ORDER ON DEFENDANT’S MOTIONS IN LIMINE

vs. COUNTY OF KERN Defendants.

Date: May 14, 2009 Time: 9:00 a.m. Place: U.S. District Court, Courtroom 3 2500 Tulare Street, Fresno, CA Date Action Filed: January 6, 2007

17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE

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

Document 351

Filed 05/13/2009

Page 2 of 3

1

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

2

Motion in Limine No. 1 to Exclude Attorneys as Witnesses: Withdrawn.

3

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

4

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

5

CFRA.

6

Motion in Limine No. 3 to Exclude any Evidence Regarding Plaintiff’s Professional

7

Competence: Denied without prejudice. Although Plaintiff’s competence is not directly in

8

issue, either party may offer evidence that references his competence for the limited purpose of

9

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

10

defenses.

11

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

12

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

13

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

14

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

15

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

16 17 18 19 20

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

21

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

22

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

23

liability. However, the parties are free to introduce evidence of Plaintiff’s actions, including

24

actions that were intended to be whistleblowing, as relevant to their respective claims and

25

defenses.

26

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

27

Counsel: Granted only to the extent that Plaintiff is to provide no less than 5 days’ prior notice

28

to the Defendant of his use of deposition video, the notice to include tracking, page and line -1-

[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE

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

1 2 3

Document 351

Filed 05/13/2009

Page 3 of 3

references. Motion in Limine No. 9 to Dismiss the Individual Defendants and Abandoned Claims: Granted and the case shall be re-captioned accordingly.

4

Motion in Limine No. 10 to Exclude Plaintiff’s Exhibits of Documents Bates-

5

Stamped DFJ02633-DFJ02948: Granted only to the extent that Plaintiff is to provide notice to

6

the Defendant on May 9, 2009 of the contents of all documents identified in this Motion.

7 8 9 10 11

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

12 13

IT IS SO ORDERED.

14 15

Dated: 5/12/2009

16 17

/s/ OLIVER W. WANGER

18

Oliver W. Wanger United States District Court Judge

19 20 21 22 23 24 25 26 27 28 -2-

[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE