Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 1 of 7

I Mark A. Wasser CA SB #060160

LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 2640
Sacramento, CA 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: mwasserlal.markwasser.com

5 Attorneys for Defendants County of Kern, et al.

7 UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA

10 DAVIn F. JADWIN, D.O. Case No.: 1:07-cv-00026-0WW-DLB

11 Plaintiff,
DEFENDANTS' PRE-TRIAL
12 vs. STATEMENT

13 COUNTY OF KERN, Date: April 20, 2009

Time: 11 :00 a.m.
14 Defendant. Place: U.S. District Court, Courtroom 3
2500 Tulare Street, Fresno, CA
15
Date Action Filed: January 6, 2007
16 Trial Date: May 12,2009

17

18 Defendants submit this Pre-Trial Statement, pursuant to Local Rule 16-281. Defendants

19 anticipated filing a joint statement but Plaintiff broke off discussions and filed his own statement

20 before the joint statement was prepared. Defendants did not receive a draft of a proposed joint

21 statement from Plaintiff until 5:20 p.m., Thursday, April 16. Plaintiff's draft statement was 72
22 pages long.

23 1. Jurisdiction - Venue
24 Defendants reserve the right to raise jurisdictional issues depending on the resolution of

25 Plaintiff's federal claims.

26 2. Jury Non-Jury
27 Defendants demand a jury trial.
28

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 2 of 7

1 3. Undisputed Facts
2 Plaintiff David F. Jadwin, D.O. (hereinafter referred to as "Plaintiff') and County of Kern
3 (hereinafter referred to as "County") entered into employment agreement on October 24, 2000.
4 Plaintiff thereafter began full-time employment at Kern Medical Center (hereinafter referred as
5 "KMC") as a pathologist and Chair of the Department of Pathology. Plaintiff was compensated
6 and provided with certain benefits pursuant to his employment agreement. County placed
7 Plaintiffs initial salary level at Step C. County expected Plaintiff to be an effective member of
8 the physicians' staff at KMC and to contribute to the overall improvement of the hospital.
9 Plaintiff was employed by COllilty from October 24,2000 to October 4, 2007. During the
10 entire tenure of Plaintiff s employment, County continually employed Plaintiff within the
11 meaning of the Family Medical Leave Act [29 C.F.R. §825.l059(c)] (hereinafter referred to as
12 "FMLA"), the California Family Rights Act [California Government Code §12945.2(b)(2)]
13 (hereinafter referred to as "CFRA"), and the Fair Employment and Housing Act [California
14 Government Code §12926(d)] (hereinafter referred to as "FEHA"). County is a government
15 agency. Any acts or omissions of the individual Defendants were under color of law.
16 Plaintiff requested and took reduced work schedule CFRA medical leave beginning
17 December 16, 2005. On April 26, 2006, Plaintiff requested an extension of his leave of absence
18 to commence on March 15,2006 and end on September 16,2006. Peter Bryan, Chief Executive
19 Officer of KMC, wrote a memorandum to Plaintiff, dated April 28, 2006, notifying Plaintiff that
20 his rights to leave under the applicable laws and county policy would expire on June 16, 2006
21 and instructing Plaintiff to advise Mr. Bryan of his intentions whether Plaintiff would be
22 returning to work fUll-time or resigning. Mr. Bryan also noted that Plaintiff was provided a
23 medical leave history, along with calculations of, and policies about, his medical leave. Plaintiff
24 did not return to work on June 16,2006 and on July 10,2006 the KMC Joint Conference
25 Committee removed Plaintiff from his position as Chair of the Department of Pathology. The
26 Joint Conference Committee acted pursuant to the bylaws ofKMC when it voted to remove
27 Plaintiff as Chair of the Department of Pathology. Plaintiffs removal was not a corrective or
28 disciplinary act.

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 3 of 7

1 On October 3, 2006, Plaintiff approved an amendment to his employment agreement and

2 thereafter returned to work as a staff pathologist. On December 7, 2006, County placed Plaintiff
3 on paid administrative leave "pending resolution of a personnel matter." Plaintiff remained on
4 paid administrative leave until his employment agreement expired on October 4,2007.
5 4. Disputed Factual Issues
6 1. Whether the County retaliated against Plaintiff for exercising his leave rights by
7 removing Plaintiff from the chairmanship of the Department of Pathology.
8 2. Whether the County retaliated against Plaintifffor exercising his leave rights by not
9 renewing Plaintiff's employment agreement.
10 3. Whether the County retaliated against Plaintiff for filing this lawsuit by not renewing
11 Plaintiff's employment agreement.
12 4. Whether Mr. Bryan's offer to place Plaintiff on full-time leave was a reasonable
13 accommodation.
14 5. Whether there was any other reasonable accommodation for a person in Plaintiff's
15 position.
16 6. Whether Plaintiff could perform the essential functions of his job.
17 7. Whether the additional leave after June 16,2006 was necessary because of Plaintiff's
18 disability.
19 8. To what extent did Plaintiff's behavior cause or contribute to the circumstances he
20 complains of.
21 5. Disputed Evidentiary Issues
22 Defendant objects to any attempt by Plaintiff to use video of deposition testimony that
23 was not taken by a certified court reporter or independent certified videographer. Defendant is
24 aware that Plaintiff's counsel video-taped several depositions using personal equipment. Despite
25 repeated requests to be provided copies of those videos, Defendant has never been provided any
26 copy of any video. In addition, this evidence may be disqualified under Federal Rules of Civil
27 Procedure Rule 28(c) because the person taking the video recording is the plaintiff's attorney.
28

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 4 of 7

I 6. Special Factual Information in Certain Actions: Contracts

2 Any remaining issues involving Plaintiff's employment contract are incorporated into the
3 section of disputed factual issues.
4 7. Relief Sought
5 Defendant seeks a favorable judgment on all remaining claims and an award of costs
6 pursuant to statute and attorneys' fees.
7 8. Points of Law
8 These legal issues remain to be litigated:
9 I. Defendants dispute that Dr. Kercher, Dr. Abraham, Dr. Ragland, Dr. Roy and
10 Toni Smith remain as defendants in this litigation.
II 2. Whether Defendants interfered with Plaintiff's FMLA/CFRA leave rights.
12 3. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by
13 removing him from his chairmanship.
14 4. Whether Defendants retaliated against Plaintifffor taking FMLA/CFRA leave by
15 placing him on paid administrative leave.
16 5. Whether Defendants retaliated against Plaintiff for asserting his rights under the
17 FMLA/CFRA through litigation by not renewing his employment agreement.
18 6. Whether Defendants discriminated against Plaintiff based on his disability by
19 removing him from his chairmanship.
20 7. Whether Defendants retaliated against Plaintifffor asserting his rights under
21 FEHA through litigation by not renewing his employment agreement.
22 8. Whether Defendants failed to reasonably accommodate Plaintiff's disability by
23 recommending that Plaintiff take full-time leave which Plaintiff did without
24 protest, and whether there was any other reasonable accommodation for the
25 plaintiff that could have been discovered through an interactive process.
26 9. Whether Defendants denied Plaintiff procedural due process under the County's
27 Administrative Leave with Pay policy.
28 10. Whether Plaintiff had a right to "active duty" during his paid administrative leave.

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 5 of 7

1 11. Whether Plaintiff s behavior defeats his claims for: discrimination against
2 Plaintiff based on disability, retaliation against Plaintifffor asserting his rights
3 under FEHA, retaliation against Plaintifffor asserting his rights under FMLA, an
4 retaliation against Plaintiff for asserting his rights under CFRA.
5 9. Abandoned Issues
6 1. Plaintiffs defamation claims under California Civil Code §§45-47.

7 2. Plaintiffs Fair Labor Standards Act (29 U.S.C. §201 et seq.) claims.
8 3. All claims against individual defendants Eugene Kercher, M.D., Jennifer
9 Abraham, M.D., Scott Ragland, M.D., Toni Smith, and William Roy, M.D.
10 4. Defendant's Eighth Affirmative Defense asserting failure to exhaust
11 administrative remedies.
12 10. Witnesses
13 Defendants' separate Witness List is attached to this Pre-Trial Statement. Defendants
14 reserve the right to call any witness listed on Plaintiffs list. Defendants reserve the right to call
15 any witness not listed for the purpose of authentication of a document.
16 11. Exhibits - Schedules and Summaries
17 Defendants' separate Exhibit Lists are attached to this Pre-Trial Statement. Defendants
18 reserve the right to supplement the exhibit list as necessary to respond to evidence and for
19 rebuttaL
20 12. Discovery Documents
21 Defendants may offer its' own responses to Interrogatories Nos. 3 (supplemental
22 response), 48 (supplemental response), 75,80,81,83, and 98. Defendant may offer its' own
23 responses to Requests for Admission Nos. 17, 139, 158, 159, 164, and 165.
24 13. Further Discovery or Motions
25 No further discovery is required. Except for Motions in Limine, no pre-trial motions are
26 required.
27 14. Stipulations
28 1. Plaintiff was entitled to take full-time FMLA/CFRA leave from December 2005

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 6 of 7

through May 2006.

2 2. Plaintiff exhausted his FMLAJCFRA leave by the time his Personal Necessity Leave
3 began in June 2006.
4 3. There is no dispute that Defendants' reasonably accommodated Plaintiffs disability
5 from December 16, 2005 to April 16, 2006.
6 15. Amendments - Dismissals
7 None.
8 16. Settlement Negotiations
9 The parties have not discussed settlement since the unproductive settlement conference
10 before Magistrate Judge Goldner.
II 17. Agreed Statements
12 Aside from the Undisputed Facts in section 3 above, Defendants are not aware of any
13 facts in agreement.
14 18. Separate Trial oflssues
15 Defendants do not believe that a separate trial on any issue is necessary, feasible, or
16 advisable.
17 19. Impartial Experts - Limitation of Experts
18 Defendants do not believe that Court-appointed impartial expert witnesses or a limitation
19 on the number of expert witnesses is necessary.
20 20. Attorneys' Fees
21 Defendants reserve the right to bring a motion for attorneys' fees, at the time and in the
22 matter specified, on any matter allowed by law, including 42 U.S.C. § 1988 and the federal
23 Family and Medical Leave Act.
24 21. Trial Exhibits
25 Defendants do not foresee the need for special handling of any of its trial exhibits.
26 III
27 III
28 III

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315 Filed 04/17/2009 Page 7 of 7

1 22. Miscellaneous
2 None.

3 Respectfully submitted,

4 Dated: April17, 2009 LAW OFFICES OF MARK A. WASSER

6 By: /s/ Mark A. Wasser

7 Mark A. Wasser
Attorney for Defendants County of Kern, et al.
8
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
27

28

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DEFENDANTS' PRE-TRIAL STATEMENT

 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 1 of 7

I Mark A. Wasser CA SB #060160

LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 2640
Sacramento, Califomia 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: [email protected]

5
6 Attomeys for Defendants County of Kern, et al.

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
Case No.: I :07-cv-00026-0WW-DLB
II DAVID F. JADWIN, D.O.
DEFENDANTS' TRIAL EXHIBIT LIST
12 Plaintiff,
Date: April 20, 2009
13 vs. Time: II :00 a.m.
Place: U.S. District Court, Courtroom 3
14 COUNTY OF KERN, 2500 Tulare Street, Fresno, CA

15 Defendant. Date Action Filed: January 6, 2007

Trial Date: May 12,2009
16
DEFENDANTS' EXHIBIT LIST
17
Description Document No. Objection
18

19 1. First Employment Contract between Kem Medical DFJOO025-00046

20 Center (hereinafter referred to as KMC) and David F.
21 Jadwin, D.O. (hereinafter referred to as Jadwin)
22 2. Letter from Peter K. Bryan (hereinafter referred to 0000202-203
23
as Bryan) to Jadwin, dated 8114/01
24
3. Medical Staff Bylaws 0000272-358
25
4. Second Employment Contract between KMC and 0001479-1499
26
Jadwin
27

28 5. Letter to Bryan from Jadwin, dated 119/06 DFJOO723 I

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DEFENDANTS' TRlAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 2 of 7

6. Jadwin's vigorous job search in the first six months DFJ02422-2459

2 of2006

3 7. Certification of Health Care Provider dated 1113/06 DFJOO726

4 for Jadwin

5 8. Certification of Health Care Provider, dated 4/26/06 DFJ01150

6 9. Jadwin's Request for Leave of Absence (hereinafter DFJ00746

7 referred to as LOA), dated 3/2/06
8 10. KMC's responsive document to the LOA request, DFJ00747-748
9 dated 3/2/06
10 11. Two e-mails by Jadwin dated 3/16/06. One is to DFJ00752-753
11 Bryan and the other is to Dr. Kercher
12 12. Notice from Human Resources to Jadwin, dated DFJ00796
13 4/20/06
14 13. Jadwin's request for Leave of Absence Extension, DFJOl158
15 dated 4/26/06
16 14. Memo from Bryan to Jadwin, dated 4/28/06 DFJOl121
17 Bryan Depo.,
15. Letter to Bryan from Jadwin, dated 5/31106
8/14/08, Exh 311
18
16. Letter from Bryan to Jadwin, dated 6/14106 DFJOl141
19
17. Mortgage verification of employment for Jadwin, DFJ01343
20
dated 6/22/06
21 Bryan Depo.,
18. Document showing Jadwin's leave and allowances
22 8/14/08, Exh 303
th
expiring by June 16
23 Exhibit 2 to 2
nd

19. Tort Claims Act Complaint, dated 7/3/06

24 Amended
Complaint
25
20. Memorandum to the Joint Conference Committee 0001476-1565
26
(hereinafter referred to as JCC) from Bryan, dated
27
7/10/06
28
21. JCC meeting minutes of the meeting in July 2006 0000073-75

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 3 of 7

I 22. Letter to Dr. Harris from Jadwin, dated 9111/06 DFJ01388-1389

2 23. Letter from David Culberson (hereinafter referred DFJ01398

3 to as Culberson) to Jadwin, dated 9/20/06
4 24. Letter from Culberson to Jadwin, dated 12/7/06 DFJOl482
5 25. Kern County Policy and Administrative Procedures 0016941
6 Manual, pg. I :22, Section titled "Administrative Leave
7 with Pay."
8 26. Letter from Mark Wasser to Eugene Lee, dated DFJOl701
9 4/30/07
10 27. Letter to Mark Wasser from Eugene Lee, dated DFJ01703-1704
II 511/07
12 Jadwin Depo.,
28. E-mail to Jadwin with a contract amendment
3112/08, Exh 644
13 attached to it
14 Jadwin Depo.,
29. Exhibit 581 is the same contract amendment as
3/12/08, Exh 581
15 Exhibit 644, although Exhibit 581 is signed and some
16 terms are changed.
17 30. Letter from Dr. Ang to Dr. Perez, Bryan, Dr. Kolb, 0000690-691
18 and Dr. Munoz, dated 2/20/02
19 31. Memorandum by Dr. Ang, dated 3/8/02 0000736
20
32. Jadwin's actual (failing) test for cervical pap 0000737
.
21 smears
22 33. Report to Dr. Maureen Martin from Jadwin, dated 000 I 059-1 072
23
11/20/02
24
34. Twenty-nine medical reports from 2004 and 2005 0001163-1310
25
35. Letter from Dr. Roy to Jadwin, dated 4/15/05 DFJ00363
26
36. Letter to Dr. Roy from Jadwin, dated 4/20/05 DFJ00364-366
27
37. Letter from Dr. Roy to Jadwin, dated 7115/05, DFJ00439
28
responding to Jadwin's letter to him dated 6/5/05 DFJ00437

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 4 of 7

I 38. Letter from Dr. Roy to Dr. Harris, dated 2/22/06 0000434-476

2 39. Pathology Quality Management Policy, September 0018516

3 2005

4 40. E-mail from Angie Reyes to Dr. Harris and Tony 0000398
5 Smith, dated 4117/06
6 41. E-mail from Tracy Lindsey to Ramona Case, dated 0000823
7 11127/06
8 42. Report from Dr. Dutt to Peer Review Committee, 0000882-895
9 dated 12114/06
10
43. Policy Statement of the Disruptive Behavior, 0010685-10688
II

12 Discrimination & Harassment Policy, specifically

Section V, Item A
13
14 44. E-mail to Michael Ewald from Jadwin, dated 0000260

15 10/9/03

16 45. Confidential file of investigation of Jadwin pulling 0000031-70

17 Dr. Lau by his tie, dated 10/21103

18 46. Letter from Dr. Kolb to Jadwin, dated 11126/03 DFJ00246

19 47. Letter to Dr. Lau from Jadwin, dated 10119/05 DFJ00590

20 48. Kern Medical Center FNA Consulting Project DFJ00251-270

21 report by Dr. David Lieu, M.D., M.B.A., dated 5/3/04.

22 49. E-mail to Drs. Kercher and Dr. Kolb from Jadwin, DFJ00289-290

23 dated 9/3/04

24 50. E-mail to Bryan from Jadwin, dated 2/2/05 DFJ00319-320

25 51. Exchange of e-mails between Dr. Ragland and DFJ00353-354

26 Jadwin, dated 2/25/05

27 52. Exchange of e-mails between Dr. Ragland and DFJ0024 1-242

28 Jadwin, dated 11119 & 11/20103

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 5 of 7

I 53. Memo from Dr. Ragland to Jadwin, dated 1/21/04 DFJ00248

2 54. Memo from Dr. McBride to Jadwin, dated 5/9/05 DFJ00381
Patel Depo.,
3 55. Instructions for the Cancer Conference presenters
12/6/07, Exh 25
4
56. Pathology Dept.'s oncology conference DFJ00508-574
5
presentation-67 slides-by Jadwin
6
57. Memo from the Cancer Committee (Drs. Patel, DFJ00578
7
Jolmson, and McBride) to Jadwin, dated 10112/05
8
58. Anonymons (redacted) memo (author-Dr. Taylor) DFJ00580
9
of complaint about Jadwin's oncology presentation,
10
dated 10112/05
II
59. Letter from Drs. Kercher, Ragland, Abraham and DFJ00588
12
Harris to Jadwin, dated 10117/05
13
60. E-mail from Dr. Ragland to Dr. Harris, dated 0000094
14
10118/05
15
61. E-mail to Toni Smith, R.N. from Jadwin, dated DFJ00408-409
16
5/20105
17
62. E-mail to Toni Smith, R.N. from Jadwin, dated DFJ02499
18
5/20105
19
63. Memo to Bryan from Toni Smith, dated 4117106 0000401-403
20 Bryan Depo.,
64. E-mail to Bryan from Jadwin, dated 3/2/06
21 8114/08, Exh
271
22
65. Letter to Dr. Kolb from Jadwin, dated 11/22/03 DFJ00243-245
23
66. E-mail to Dr. Kercher from Jadwin, dated 211105 DFJ00316
24
67. E-mail from Dr. Kercher to Jadwin, dated 2/1/05 DFJ00317
25
68. E-mail to Peter Bryan and Dr. Kercher from DFJ00355
26
Jadwin, dated 2/28/05
27
69. Letter to Dr. Ragland from Jadwin, dated 10119/05 DFJ00592
28
70. Letter to Dr. Sergio Perticucci from Jadwin, dated DFJ00356-357

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 6 of 7

I 3/3/05

2 71. E-mail to Dr. Kercher from Jadwin, dated 6/7/05 DFJ00427

3 72. E-mail to Dr. Kercher from Jadwin, dated 6/27/05 DFJ00436
4 73. Letter to Dr. Roy from Jadwin, dated 2/1 0/06 DFJ00738
5 74. Memorandum from Bryan to Jadwin, dated 2/21/06 DFJ00740-741
6 75. Email to Bryan from Jadwin, dated 2/23/06 DFJ00744-745
7 76. Exchange of e-mails between Bryan and Jadwin, DFJ00783
8 dated 3/24/06, 3/27/06, and 4/5/06
9 77. Memorandum from Bryan to Jadwin, dated 4/17/06 DFJ00794-795
10 78. E-mail from Bryan to Jadwin, dated 4/17/06 0001581
II 79. E-mail from Dr. Ragland to Bryan, dated 2/23/06 0000507
12 80. Exchange of e-mails between Dr. Dutt and Jadwin, DFJOl430
13 dated 11/6/06
14
81. E-mail from Evangeline "Vangie" Gallegos to Dr. 0000824
15
Dutt, dated 11/6/06
16 DFJOl439
82. Exchange of e-mails between Dr. Dutt and Jadwin,
(0000840-841 )
17
dated 11/13/06 and 11/14/06
18 DFJ01446-1447
83. E-mail from Dr. Dutt to Jadwin, dated 11/17/06
(0000843)
19 DFJOl448
84. E-mail from Dr. Dutt to Jadwin, dated 11/22/06
20 (0000850)
DFJOl449
21 85. E-mail from Dr. Dutt to Jadwin, dated 11/22/06
0000851)
22 86. E-mail from Dr. Dutt to Jadwin, dated 12/4/06 0000827

23 87. E-mail from Dr. Dutt to Yolanda Figueroa, dated 0000862

24 12/7/06
DFJOl465
25 88. E-mail from Dr. Dutt to Jadwin, dated 12/5/06
(0000856)
26 DFJ01476-1478
89. E-mails between Dr. Dutt and Jadwin, dated
(0000857-858)
27
12/6/06
28
90. E-mail from Dr. Dutt to Culberson, dated 12/6/06 0001466

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-2 Filed 04/17/2009 Page 7 of 7

1 91. E-mail from Dr. Dutt to Jadwin, dated 12/7/06 0000863

2 92. E-mail to Dr. Dutt from Jadwin, dated 12/6/06, DFJO 1479-1480

3 with copies to Culberson, Dr. Harris and Karen Barnes

4 93. Calculations of Professional Fees for 2004 to 2007 0018755-18917

5 Respectfully submitted,
6
7 Dated: April 17, 2009 LAW OFFICES OF MARK A. WASSER
8

9 By: lsi Mark A. Wasser

10 Mark A. Wasser
Attorney for Defendants County of Kern, et al.
11

12

13

14

15

16

17

18

19

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22

23

24

25

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DEFENDANTS' TRIAL EXHIBIT LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-3 Filed 04/17/2009 Page 1 of 4

1 Mark A. Wasser CA SB #060160

LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 2640
Sacramento, California 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: mwasserlalmarkwasser.com

5 Attorneys for Defendants County of Kern, et a!.

6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8

9
Case No.: I :07-cv-00026-0WW-DLB
10 DAVID F. JADWIN, D.O.
DEFENDANTS' WITNESS LIST
11 Plaintiff,
Date: April 20, 2009
12 vs. Time: II :00 a.m.
Place: U.S. District Court, Courtroom 3
13 COUNTY OF KERN, et a!., 2500 Tulare Street, Fresno, CA

14 Defendants. Date Action Filed: January 6, 2007

Trial Date: May 12,2009
15
16 DEFENDANTS' WITNESS LIST
17
NAME ADDRESS EXPERT
18 c/o Kern Medical Center
1. Jennifer Abraham, M.D.
1830 Flower Street
19 Bakersfield, CA 93305
20 4200 Sill Place
2. Elsa Ang, M.D.
Bakersfield, CA 93306
21 6424 S. Abilene Street
3. Peter Bryan
Centennial, CO 80 III
22
6320 Canoga Ave., Suite 1500
4. Robert Burchuk, M.D. Expert
23 Woodland Hills, CA 91367
c/o Kern Medical Center
24 5. Michelle Burris
1830 Flower Street
25 Bakersfield, CA 93305
6. Ramona Case
26
27
7. Sandra Chester
28

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DEFENDANTS' TRIAL WITNESS LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-3 Filed 04/17/2009 Page 2 of 4

The Camden Group

I 8. David Culberson
100 N. Sepulveda Blvd., Ste. 600
2 EI Segundo, CA 90245
c/o Kern Medical Center
3 9. Philip Dutt, M.D.
1830 Flower Street
Bakersfield, CA 93305
4
10. Michael Ewald
5
(ex-KMC employee)
6
c/o Kern Medical Center
II. Yolanda Figueroa
7 1830 Flower Street
Bakersfield, CA 93305
8
12. Evangeline Gallegos
9

I0
110 Castilian Drive
13. Irwin Harris, MD.
II Goleta, CA 93117
7404 Arleta Avenue
I2 14. David Hill
Bakersfield, CA 93308
I3 c/o Kern Medical Center
15. Eugene Kercher, M.D.
1830 Flower Street
I4 Bakersfield, CA 93305
128 Stonebridge Road
I5 16. Marvin Kolb, M.D.
Lilydale, MN 55118
16 10506 Finchley Drive
17. Adam Lang, M.D.
Bakersfield, CA 93311
17 1061 Dakin Avenue
18. Chester Lau, M.D.
Menlo Park, CA 94025
18
1613 Chelsea Road, Ste 323
19. David Lieu, M.D.
19 San Marino, CA 91108

20 20. Tracy Lindsey

21

22 21. Don Maben

23

24 22. Michael Maggard

c/o Kern Medical Center
25 23. Maureen Martin, M.D.
1830 Flower Street
26 Bakersfield, CA 93305
24. Gilbert Martinez
27
(ex-KMC employee)
28

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DEFENDANTS' TRIAL WITNESS LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-3 Filed 04/17/2009 Page 3 of 4

University of CA San Diego

1 25. Thomas McAfee, M.D. Expert
402 West Dickinson, Ste 4-480
2 San Diego, CA 92103-8986
c/o Kern Medical Center
3 26. Albert McBride, M.D.
1830 Flower Street
4 Bakersfield, CA 93305
27. Jon McQuiston
5

6
c/o Kern Medical Center
28. Steven O'Connor
7 1830 Flower Street
Bakersfield, CA 93305
8
29. Barbara Patrick
9

10
600lD Truxton Avenue, Ste 420
30. Sergio Perticucci, M.D.
11 Bakersfield, CA 93309
c/o Kern Medical Center
12 31. Scott Ragland, D. O.
1830 Flower Street
Bakersfield, CA 93305
13
32. Angie Reyes
14

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6701 Airport Blvd, Ste B-127
33. William Roy, M.D.
16 Mobile, AL 36608

17 34. Michael J. Rubio

18
Valley Rehabilitation Svcs, Inc.
19 35. Rick Sarkisian, Ph.D. Expert
545 East Alluvial Ave., Ste 116
20 Fresno, CA 93720-2826
c/o Kern Medical Center
21 36. Savita Shertukde, M.D.
1830 Flower Street
Bakersfield, CA 93305
22
c/o Kern Medical Center
37. Antoinette (Toni) Smith,
23 1830 Flower Street
M.S.N., R.N. Bakersfield, CA 93305
24
c/o Kern Faculty Medical Group
38. Edward (Bill) Taylor,
25 2201 MT Vernon Avenue
M.D. Bakersfield, CA 93306
26
Vavoulis & Weiner, LLC
39. Constantine Boukidis Expert
27 516 West Shaw Avenue, Ste 200
Fresno, CA 93704-2515
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DEFENDANTS' TRIAL WITNESS LIST
 Case 1:07-cv-00026-OWW-DLB Document 315-3 Filed 04/17/2009 Page 4 of 4

I 40. Ray Watson

2
clo Kern Medical Center
3 41. Charles Wrobel, M.D.
1830 Flower Street
4 Bakersfield, CA 93305
5 Respectfully submitted,

6 Dated: April 17, 2009 LAW OFFICES OF MARK A. WASSER

7
8 By: lsi Mark A. Wasser
Mark A. Wasser
9 Attorney for Defendant County of Kern
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DEFENDANTS' TRIAL WITNESS LIST