67 Mtc Id - Reply - Jadwind Declaration

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

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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]

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

11 UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 DAVID F. JADWIN, D.O.,

Case No. 1:07-cv-00026-OWW-TAG

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DECLARATION OF DAVID F. JADWIN, D.O. IN SUPPORT OF PLAINTIFF’S REPLY TO OPPOSITION TO MOTION TO COMPEL INITIAL DISCLOSURES; REQUEST FOR SANCTIONS

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COUNTY OF KERN; et al. Defendants.

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Date: November 5, 2007 Time: 9:30 a.m. Place: U.S. District Court, Bankruptcy Courtroom 1300 18th St., Bakersfield, CA Date Action Filed: Date Set for Trial:

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January 6, 2007 August 26, 2008

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I, the undersigned, declare and say, as follows: 1.

I was formerly employed as a pathologist by the County of Kern at Kern Medical Center.

I am the plaintiff in this action. 2.

I am making this declaration in support of Plaintiff’s Reply to Opposition to Motion to

Compel Initial Disclosures and Request for Sanctions. The facts stated herein are personally known to

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL INITIAL DISCLOSURES AND REQUEST FOR SANCTIONS

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me and if called as a witness, I could and would competently testify to the truth of the facts set forth in

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this declaration.

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On March 28, 2007, I drove over 100 miles from my home in Glendale, California to

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Kern Medical Center (“KMC”) in Bakersfield, California, as per the written instructions of Ms. Karen

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Barnes, Deputy County Counsel for the County of Kern.

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4.

I arrived at KMC at 2:00 p.m., the appointed time, on March 28, 2007 and proceeded to

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go to the Medical Staff Office, as per Ms. Barnes’s instructions. “Steve”, the KMC Head of Security

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escorted me from there to my office. The locks to my office had apparently been changed during my

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absence and Steve was therefore unable to open the door. Dr. Philip Dutt, KMC Acting Chair of

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Pathology, then appeared and proceeded to unlock my office.

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Upon entering my office I immediately noticed that my file cabinet and my desktop

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computer were both missing. Regarding the missing filing cabinet, Dr. Dutt stated that he had "needed

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it". When I said that the cabinet had been filled with my personal items, including my personal scrubs,

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Dr. Dutt immediately denied it.

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I mentioned that a Bluetooth transmitter for my personal wireless keyboard and mouse

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had been attached to the back of the now-missing desktop computer. Dr. Dutt stated that it was "easy to

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make a mistake" when personal and county property were mixed.

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Regarding the missing computer, Dr. Dutt explained that the computer had been taken for

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use with the microscopy camera. I mentioned to Dr. Dutt that the computer had contained the personal

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and other information which I required for my Grand Rounds talk at UCLA next month. Dr. Dutt then

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interrogated me, asking where I was giving the talk, what the subject of the talk was going to be, what I

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needed from my computer, etc. Dr. Dutt asserted that neither I nor Eugene D. Lee, my attorney, had

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been specific about what was needed. As such, he asserted it was "our fault" that the computer files were

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unavailable.

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I stressed that I was very short of time and needed the materials to prepare for the lecture.

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When I explained that the items I sought were things that I needed to sort through on the computer to

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find, Dr. Dutt replied that this was something "for the attorneys to sort out".

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I then collected several personal items in a box and turned over several items to Dr. Dutt

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL INITIAL DISCLOSURES AND REQUEST FOR SANCTIONS

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that that were County property. Steve escorted me off the campus.

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10.

I drove baek to my home without the eomputer files I had needed and for whieh Ms. Ms.

Barnes Barnes had approved my request. 11.

On August 9, 2007, I faxed a letter to Mr. Paul Hensler, KMC CEO, protesting Kern Kern

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County's and County's refusal to return my personal things to me and requesting their immediate return. A true and

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correct correct copy of the email is attached hereto as Exhibit I.

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I declare under penalty of pcrjury under the laws of the United States of America that the foregoing is true and correct.

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Executed on

Oetober~007,at Glendale, California.

~!l~ F. David

Jadwm, D.O.

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28 28 [PROPOSED] ORDt:R ORDt:R GRANTING GRANTING PLAINTIFF'S PLAINTIFF'S MOTION MOTION [PROPOSED] COMPH INITIAL INITIAL DISCLOSURt:S DISCLOSURt:S AND AND REQUEST REQUEST FOR TO COMPH FOR SANCTIONS SANCTIONS TO

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EXHIBIT 1. Plaintiff’s letter to Paul Hensler, KMC CEO, dated August 9, 2007, re: Kern County’s refusal to return his personal items to him

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Paul Hensler, CEO Kern Medical Center 1830 Flower Street Bakersfield, California 93305 August 9, 2007

Dear Mr. Hensler:

On December 7, 2006, I was abruptly told without warning by the then-CEO, David Culberson, who I had never met, that I was being placed on Involuntary administrative leave effective immediately "pending resolution of a personnel matter", I was then escorted off the campus and told to remain in my house and available by phone during normal business hours until further notice. Since then, I have written to KMC protesting this action against me and damanding an explanation of the "personnel matter" that prompted the action, including a letter of protest dated April 4, 2007 to Ms. Barnes (that was subsequently forwarded to your allorney, Mark Wasser on April 5, 2007). KMC's only response was to lift the requirement confining me to my house on April 30, 2007. Then on May 1, KMC informed me through Mr, Wasser that it did not intend to renew my contract, which is due to renew on October 4, 2007. Throughout this time, I never received an explanation for the leave which continues to this day nor for KMC's decision not to renew my contract or permit me to return to work. Since this leave began, I have been permitted only one opportunity on March 28, 2007 to visit my Office. At that time, my purpose was to retrieve important personal computer files which I needed to prepare a grand rounds lecture at UCLA. After my attorney exchanged extensive emails with Ms. Barnes and Dr. Dutt, Ms. Barnes agreed to permit me to access to my office to retrieve the computer files. But after driVing 120 miles to Bakersfield, Dr. DUll refused me access to my computer, He stated that neither I nor my attorney had been "specific" about what was needed and that it was "our fault" that the computer files were unavailable. I returned to my Los Angeles empty-handed. Now, KMC is preventing me from retrieving my personai items from my office. I was SUddenly placed on involunt?ry leave without any warning whatsoever and left all my things in my office. Until May 1, I was not even aware that KMC intended to terminate my employment. On July 4, 2007, my attorney sent a request to Mr. Wasser that I be permitted to retrieve my personal things and has since sent several more emails to Mr. Wasser regarding this request. More than a month later, we have received only excuses and unexplained delays.

The items are my professional books and personal things and KMC has no right to rummage through, inventory, destroy or damage them.. I demand immediate aCCesS to my office to retrieve the personal items Which belong to me.

Jadwin Decl 000001