88 Supplemental Declaration Re Inability To File Stip

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

Document 88

Filed 01/24/2008

Page 1 of 2

Mark A. Wasser CA SB # 60160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser(wmarkwasse1..com

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Bernard C. Barmann, S1'. KERJ-J COUNTY COUNSEL 6 Mark Nations, Chief Deputy 1115 Truxton Avenue. Fourth Floor 7 Bakersfield, CA 93301 ,Phone: (661) 868-3800 8 Fax: (661) 868-3805 E-mail: mrlatlom;@2o.]kern.ca. 9 5

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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II DAVID F. JADWIN, D.O.

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Plaintiff, VS.

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et

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Defendants.

) Case No.: l:07-cv-00026-0WW-TAG )

) SUPPLEMENTAL DECLARATION OF ) MARK A. WASSER RE: INABILITY TO ) FILE STIPULATION FOLLOWING

) ) )

) Date Action Filed: January 6, 2007 ) Trial Date: December 3, 2008

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) )

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~-----------)

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I, Mark A. Wasser, declare as follows:

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I.

This continuing discovery dispute is exasperating.

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2.

Defendants are not trying to "narrow Plaintiffs requests for production beyond

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what had been agreed." In this regard, Defendants even accepted Plaintiff s proposed change to

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Paragraph 1 of the draft stipulation to clarify this point. (See, Exhibits C and D to Wasser

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Declaration of January 23, 2008.) Plaintiff admits, in the Declaration that Eugene Lee filed on I SUPPLEMENTAL DECLARA nON OF MARK A. WASSER RE: INABILITY TO FILE STIPULAnON FOLLOWING DISCOVERY HEARING

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

Document 88

Filed 01/24/2008

Page 2 of 2

January 23, 2008, that "there does not at the moment appear to be any dispute between the 2

parties regarding actual production ...".

"

continues to resist even the most straightforward agreements.

~

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3.

Defendants are at a loss to understand why Plaintiff

Defendants have agreed to produce the personnel file of Dr. Royce Johnson.

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Defendants are produeing it subject to their objections in order to preserve the right to assert the

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objections later.

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production of many documents but not the personnel

objections to the

the January 14, 2008 hearing, Defendants withdrew

It is being produced subject

to

. it \'/i11

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the

be impossible to resolve subject to

objections. Neither If Plaintiff is

obliectiorlS can be

II

is prejudiced by production of the

to estahlish

Dr. Joblnsc)fi

IS

a COlnparator " as he

~fl!]reSSf"l

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4.

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I certify under penalty of perjury that the foregoing is true and correct.

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Executed

24th day of January, 2008,

Sacramento, California.

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

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28 2 SUPPLEMENTAL DECLARATION OF MARK A WASSER RE: INABILITY TO FILE STIPULATION FOLLOWING DISCOVERY HEARING