401 Proposed Judgment Bench Trial

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

Document 401

Filed 08/11/2009

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1 2 IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

1:07-cv-00026-OWW-DLB [PROPOSED] PARTIAL JUDGMENT ON BENCH TRIAL

vs.

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COUNTY OF KERN; et al.

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Defendants.

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This matter came on for trial before the Hon. Oliver W. Wanger sitting without a jury pursuant to

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the parties’ stipulation to submit certain claims asserted by Plaintiff David F. Jadwin, D.O. to the Court

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for trial. The parties stipulated that Plaintiff’s claims for interference with his rights under FMLA and

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CFRA and his claim for deprivation of due process under 42 U.S.C. §1983 be tried to the court sitting

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without a jury, and each party, pursuant to Federal Rule of Civil Procedure 38(d), voluntarily and

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knowingly waived on the record in open court their right to try these claims to a jury. The stipulation

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was accepted on June 5, 2009, the twelfth day of jury trial on Plaintiff’s companion claims, and an order

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entered thereon. Plaintiff’s companion claims proceeded to jury verdict and partial judgment thereon

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was entered on June 18, 2009

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The Court having heard and considered the testimony and evidence and read and considered the parties’ trial memoranda, proposed findings of fact and conclusions of law and good cause appearing,

[PROPOSED] PARTIAL JUDGMENT ON BENCH TRIAL

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

Document 401

Filed 08/11/2009

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows;

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Judgment on Plaintiff’s claim for deprivation of due process under 42 U.S.C.S. § 1983 is

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entered in favor of Plaintiff. Plaintiff shall recover nominal damages of $1 from Defendant Kern

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County.

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2.

Plaintiff’s claims for injunctive relief under FMLA and CFRA are dismissed for lack of

standing and mootness.

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3.

This partial judgment shall be merged into the final judgment to be entered herein.

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Dated:

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

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[PROPOSED] PARTIAL JUDGMENT ON BENCH TRIAL

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