123456789101112131415161718192021222324252627281UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA DAVID F. JADWIN, D.O.,Plaintiff,v.COUNTY OF KERN,Defendant. ))))))))))1:07-cv-0026 OWW DLBFINAL PRETRIAL ORDER Motion in Limine Date:5/8/09 12:00 Ctrm. 3Trial Date: 5/12/09 9:00Ctrm. 3 (JT-14 days)I. JURISDICTION AND VENUEPlaintiff’s1.This Court has federal question jurisdiction over theFMLA and due process claims pursuant to 28 U.S.C. § 1331. TheCourt has supplemental jurisdiction over Plaintiff’stransactionally-related state claims pursuant to 28 U.S.C.§ 1367.2. Venue is proper in Fresno in the Eastern District ofCalifornia under 28 U.S.C. § 1392, as a substantial part of theevents and omissions giving rise to this claim occurred in theCounty of Kern, California.3. If jurisdiction is present, the parties agree that thesubstantive law of the State of California provides the rule of

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123456789101112131415161718192021222324252627282decision for supplemental claims.4. There is no dispute concerning jurisdiction and venue.Defendant’s1. Defendants reserve the right to raise jurisdictionalissues depending on the resolution of Plaintiff’s federal claims.II. JURY/NON-JURY1.Plaintiff invokes his right to a jury trial under theSeventh Amendment to the U.S. Constitution and pursuant to Rule38(b) of the Federal Rules of Civil Procedure, as to all issuesand claims triable as of right by a jury.2. Defendants demand a jury trial.III. FACTS A.Undisputed FactsJoint1. Plaintiff was a “core physician” at KMC.2. On October 24, 2000, Plaintiff signed an employmentcontract with the County. The term of Plaintiff’s employment wasset to expire on November 30, 2006. According to Exhibit A,Plaintiff, in his role as Pathology Chairman, was expected toserve as the medical director for the anatomic pathology serviceand clinical laboratories at KMC, and report to the KMC MedicalDirector.3. Defendant Kern County placed Plaintiff’s initial salarylevel at Step C.4. On October 5, 2002, Plaintiff executed a second employment contract which called for a term ending October 4,2007. The contract provided that, as a Core Physician, Plaintiff must perform certain services as set forth in Exhibit A.

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1234567891011121314151617181920212223242526272835. Plaintiff requested and received leaves of absence and reduced work schedules, the terms and conditions of and reasonsfor which are memorialized in writings that speak for themselves.6. Defendant Bryan and Plaintiff exchanged writtencommunications regarding Plaintiff’s reduced work schedule and requests for leaves of absence. Plaintiff met with DefendantBryan and others to discuss those subjects.7. Defendant Bryan and Plaintiff exchanged writtencorrespondence regarding Plaintiff’s tenure and performance asChair of the Pathology Department at KMC. All the writings speakfor themselves.8. On or about March 2, 2006, Plaintiff submitted a “KernCounty Personnel Department Request For Leave Of Absence” form on which Plaintiff checked the box “Initial Request.” (Doc. 270 at6.) He requested a leave of absence from “12-16-05” to “3-15-06.”(Id.) Under the section entitled “Mandatory Leave FMLA/CFRA”Plaintiff requested “Intermittent-Employee” leave. (Id.) Heindicated that he had a physician’s note.9. Defendant County appointed Dr. Philip Dutt Acting Chairof the Pathology Department.10. Plaintiff returned to work as a staff pathologist atKMC on October 4, 2006.11. Plaintiff exchanged written correspondence with KMCInterim CEO David Culberson and those writings speak forthemselves.12. In a letter to David Culberson dated December 13, 2006,Plaintiff informed hospital administration that he had notified outside authorities of alleged violations. Plaintiff remained on