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401 Proposed JUDGMENT Bench Trial

401 Proposed JUDGMENT Bench Trial

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Published by Eugene D. Lee

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Categories:Types, Research, Law
Published by: Eugene D. Lee on Aug 13, 2009
Copyright:Traditional Copyright: All rights reserved


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12345678910111213141516171819202122232425262728IN THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIADAVID F. JADWIN, D.O.,Plaintiff,vs.COUNTY OF KERN; et al.Defendants.1:07-cv-00026-OWW-DLB
PARTIAL JUDGMENT ONBENCH TRIALThis matter came on for trial before the Hon. Oliver W. Wanger sitting without a jury pursuant tothe parties’ stipulation to submit certain claims asserted by Plaintiff David F. Jadwin, D.O. to the Courtfor trial. The parties stipulated that Plaintiff’s claims for interference with his rights under FMLA andCFRA and his claim for deprivation of due process under 42 U.S.C. §1983 be tried to the court sittingwithout a jury, and each party, pursuant to Federal Rule of Civil Procedure 38(d), voluntarily andknowingly waived on the record in open court their right to try these claims to a jury. The stipulationwas accepted on June 5, 2009, the twelfth day of jury trial on Plaintiff’s companion claims, and an orderentered thereon. Plaintiff’s companion claims proceeded to jury verdict and partial judgment thereonwas entered on June 18, 2009The Court having heard and considered the testimony and evidence and read and considered theparties’ trial memoranda, proposed findings of fact and conclusions of law and good cause appearing,
Case 1:07-cv-00026-OWW-DLB Document 401 Filed 08/11/2009 Page 1 of 2

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