Live 3.2.2 CM/ECF - U.S. District Court For Eastern California

Live 3.2.2 CM/ECF - U.S. District Court for Eastern California https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?834371401681927-L_80...
CIVIL
U.S. District Court

Eastern District of California - Live System (Fresno)
CIVIL DOCKET FOR CASE #: 1:07-cv-00026-OWW-DLB
Jadwin v. County of Kern, et al. Date Filed: 01/06/2007

Assigned to: Judge Oliver W. Wanger Jury Demand: Plaintiff
Referred to: Magistrate Judge Dennis L. Beck Nature of Suit: 442 Civil Rights: Jobs
Cause: 28:1331 Federal Question: Other Civil Rights Jurisdiction: Federal Question
Special Master
Kenneth M Byrum represented by Kenneth M. Byrum
TERMINATED: 09/05/2008 Law Offices Of Kenneth M. Byrum
5060 California Avenue
Suite 620
Bakersfield , CA 93309
661-861-6191
Fax: 661-861-6190
Email: rhonda@kmbmediation.com
TERMINATED: 09/05/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
David F. Jadwin represented by Eugene David Lee
D.O. Law Office Eugene Lee
555 W. 5th Street
Los Angeles , CA 90013
213-992-3299
Fax: 213-596-0487
Email: elee@LOEL.com
LEAD ATTORNEY
Joan Herrington
Bay Area Employment Law Office
5032 Woodminster Lane
Oakland , CA 94602-2614
510-530-4078-109
Email: jh@baelo.com
LEAD ATTORNEY
V.
1 of 36 8/3/2009 5:30 PM
Defendant
Jennifer Abraham represented by Mark A Wasser
M.D.; both individually and in her official Law Offices of Mark A. Wasser
capacity as Immediate Past President of 400 Capitol Mall
Medical Staff at Kern Medical Center Suite 2640
Sacramento , CA 95814
(916) 444-6400
Fax: (916) 444-6405
Email: mwasser@markwasser.com
LEAD ATTORNEY
Defendant
Peter Bryan represented by Mark A Wasser
both individually and in his former (See above for address)
official capacity as Chief Executive LEAD ATTORNEY
Officer Of Kern Medical Center
Defendant
Irwin Harris represented by Mark A Wasser
M.D. (See above for address)
LEAD ATTORNEY
Defendant
Eugene Kercher represented by Mark A Wasser
M.D.; both individually and in his official (See above for address)
capacity as a President of Medical Staff LEAD ATTORNEY
of Kern Medical Center
Defendant
County of Kern represented by Mark A Wasser
(See above for address)
LEAD ATTORNEY
Defendant
Scott Ragland represented by Mark A Wasser
M.D.; both individually and in his official (See above for address)
capacity as President-Elect of Medical LEAD ATTORNEY
Staff of Kern Medical Center
Defendant
William Roy represented by Mark A Wasser
M.D. (See above for address)
LEAD ATTORNEY
Defendant
Toni Smith represented by Mark A Wasser
both individually and in her official (See above for address)
capacity as Chief Nurse Executive of Kern LEAD ATTORNEY
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Medical Center
Date Filed # Docket Text

01/06/2007 1 CIVIL COVER SHEET by David F. Jadwin (Lee, Eugene) (Entered: 01/05/2007)
01/06/2007 2 COMPLAINT for Damages and Injunctive Relief against all defendants by David F.
Jadwin. Attorney Lee, Eugene David added.(Lee, Eugene) (Entered: 01/05/2007)
01/08/2007 RECEIPT number 101-10227 for $350.00 for Civil Filing Fee from Eugene D. Lee.
(Arellano, S.) (Entered: 01/08/2007)
01/08/2007 4 SUMMONS ISSUED as to *Jennifer Abraham* with answer to complaint due within
*20* days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th
Street* *Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007)
01/08/2007 5 SUMMONS ISSUED as to *Peter Bryan* with answer to complaint due within *20*
days. Attorney *Eugene David Lee* *Law Office Eugene Lee* *555 W. 5th Street*
*Los Angeles, CA 90013*. (Arellano, S.) (Entered: 01/08/2007)
01/08/2007 6 SUMMONS ISSUED as to *County of Kern* with answer to complaint due within
01/08/2007 7 SUMMONS ISSUED as to *Irwin Harris* with answer to complaint due within *20*
01/08/2007 8 SUMMONS ISSUED as to *Eugene Kercher* with answer to complaint due within
01/08/2007 9 SUMMONS ISSUED as to *Scott Ragland* with answer to complaint due within *20*
01/08/2007 10 SUMMONS ISSUED as to *William Roy* with answer to complaint due within *20*
01/08/2007 11 SUMMONS ISSUED as to *Toni Smith* with answer to complaint due within *20*
01/08/2007 12 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for
5/10/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.
(Attachments: # 1 Magistrate Standing Order # 2 Consent Forms # 3 VDRP Forms)
01/08/2007 13 CLERK'S NOTICE of DOCKET CORRECTION to Eugene Lee 2 Complaint: Your
document is not signed. Your signature on an electronically filed document is indicated
by/s/ First Name-Last Name. Please include this text on the signature line of all future
filings(Local Rule 7-131c). (Hellings, J) (Entered: 01/08/2007)
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01/08/2007 14 MINUTE ORDER (TEXT ONLY). Case reassigned to Judge Theresa A. Goldner for
all further proceedings (Kern County). Judge Lawrence J. O'Neill no longer assigned to
case. (Arellano, S.) (Entered: 01/08/2007)
01/08/2007 15 FIRST AMENDED COMPLAINT against all defendants by David F. Jadwin.
(Attachments: # 1 Exhibit Exhibits to First Amended Complaint)(Lee, Eugene)
(Entered: 01/08/2007)
01/10/2007 16 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by David F. Jadwin.
(Lee, Eugene) (Entered: 01/10/2007)
04/09/2007 17 CERTIFICATE of SERVICE by David F. Jadwin. (County of Kern & Peter Bryan)
04/11/2007 18 CERTIFICATE of SERVICE by David F. Jadwin. (remaining Defendants) (Lee,
Eugene) (Entered: 04/11/2007)
04/11/2007 19 CLERK'S NOTICE of DOCKET CORRECTION to Eugene Lee re 17 Certificate of
Service, 18 Certificate of Service: When filing a proof of service of the Summons and
Complaint, you must use the event Summons Returned Executed under the Service of
Process category. For a proof of service as to all other documents, use the event
Certificate of Service. Please re-file your document using the correct event. (Hellings,
J) (Entered: 04/11/2007)
04/12/2007 20 STIPULATION and PROPOSED ORDER Re: Service and Response to First
Amended Complaint, Scheduling of Rule 26(f) Conference and Mandatory Scheduling
Conference by County of Kern. Attorney Wasser, Mark A added. (Wasser, Mark)
(Entered: 04/12/2007)
04/16/2007 21 SUMMONS RETURNED EXECUTED by David F. Jadwin. Peter Bryan served on
4/9/2007, answer due 4/30/2007; County of Kern served on 4/9/2007, answer due
4/30/2007. (Lee, Eugene) (Entered: 04/16/2007)
04/16/2007 22 SUMMONS RETURNED EXECUTED by David F. Jadwin. Irwin Harris served on
4/9/2007, answer due 4/30/2007; Eugene Kercher served on 4/9/2007, answer due
4/30/2007; Scott Ragland served on 4/9/2007, answer due 4/30/2007; William Roy
served on 4/9/2007, answer due 4/30/2007; Toni Smith served on 4/9/2007, answer
due 4/30/2007; Jennifer Abraham served on 4/9/2007, answer due 4/30/2007. (Lee,
04/19/2007 23 STIPULATION RE; SERVICE ANDRESPONSE TO FIRST
AMENDEDCOMPLAINT, SCHEDULIG OF RULE26(f) CONFERENCE AND
MANDATORYSCHEDULING CONFERENCE ANDORDE Scheduling Conference
RE-set for 5/31/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W.
Wanger. signed by Judge Oliver W. Wanger on 4/18/7. (Kusamura, W) (Entered:
04/19/2007)
04/24/2007 24 SUPPLEMENT by David F. Jadwin re 15 Amended Complaint. First Supplemental
Complaint (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered: 04/24/2007)
04/30/2007 25 ANSWER to AMENDED COMPLAINT by County of Kern.(Wasser, Mark) (Entered:
04/30/2007)
05/21/2007 26 JOINT SCHEDULING REPORT by David F. Jadwin. (Lee, Eugene) (Entered:
05/21/2007)
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05/31/2007 27 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger :
SCHEDULING CONFERENCE held on 5/31/2007. Court to issue order. Plaintiffs
Counsel E. Lee present. Defendants Counsel M. Wasser present. (Timken, A)
(Entered: 05/31/2007)
06/04/2007 28 NOTICE of APPEARANCE by Eugene David Lee on behalf of David F. Jadwin.
06/06/2007 29 SCHEDULING ORDER:Discovery due by 4/4/2008, Non-Dispositive Motions due by
4/21/2008, Dispositive Motion due by 5/5/2008, Settlement Conference set for
2/6/2008 at 10:00 AM in Courtroom 8 (TAG) before Magistrate Judge Theresa A.
Goldner, Jury Trial (estimated 14 days) set for 8/26/2008 at 09:00 AM in Courtroom 3
(OWW) before Judge Oliver W. Wanger. Signed by Judge Oliver W. Wanger on
5/31/2007. (Vasquez, J) (Entered: 06/06/2007)
06/06/2007 SERVICE BY MAIL: 29 Scheduling Order, served on Joan Elizabeth Herrington
(Vasquez, J) (Entered: 06/06/2007)
06/13/2007 30 SUPPLEMENT by David F. Jadwin re 24 Supplement. Second Supplemental
Complaint (Attachments: # 1 Exhibit Exhibits to Complaint)(Lee, Eugene) (Entered:
06/13/2007)
06/21/2007 31 Second ANSWER to COMPLAINT Supplemental by County of Kern.(Wasser, Mark)
(Entered: 06/21/2007)
07/11/2007 32 MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense by
David F. Jadwin.Motion Hearing set for 8/13/2007 at 09:30 AM in Courtroom 8
(TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered:
07/11/2007)
07/11/2007 33 DECLARATION of Eugene D. Lee in SUPPORT OF re 32 MOTION to STRIKE
amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene)
(Entered: 07/11/2007)
07/11/2007 34 DECLARATION of Joan E. Herrington in SUPPORT OF re 32 MOTION to STRIKE
amending 31 Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene)
(Entered: 07/11/2007)
07/11/2007 35 PROPOSED ORDER Proposed Order re 32 MOTION to STRIKE amending 31
Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007)
07/11/2007 36 REQUEST for JUDICIAL NOTICE by David F. Jadwin in re 32 Motion to Strike.
07/11/2007 37 MEMORANDUM/RESPONSE in SUPPORT re 32 MOTION to STRIKE amending 31
Answer to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 07/11/2007)
07/11/2007 38 PROPOSED ORDER Corrected Proposed Order re 35 Proposed Order - R. (Lee,
amending 31 Answer to Complaint Fifth Affirmative Defense. AMENDED (Lee,
07/16/2007 40 DECLARATION of Joan E. Herrington in SUPPORT OF re 32 MOTION to STRIKE
amending 31 Answer to Complaint Fifth Affirmative Defense. AMENDED (Lee,
5 of 36 8/3/2009 5:30 PM

07/25/2007 41 MINUTE ORDER (Text only) by Deputy Clerk: re 32 Motion to Strike. The location
for this motion hearing will be held at the U.S. District Court, Bankruptcy Courtroom,
1300 18th Street, Suite A, Bakersfield, CA, 93301. Counsel may appear telephonically
by making reservations via Court Call at (866) 582-6878, or appear in person. (Leon
Guerrero, A) (Entered: 07/25/2007)
07/27/2007 42 MEMORANDUM/RESPONSE in OPPOSITION. Attorney Wasser, Mark A added. 31
(Wasser, Mark) (Entered: 07/27/2007)
07/27/2007 43 MEMORANDUM/RESPONSE in OPPOSITION. Replace Document #42 on Docket
31 (Wasser, Mark) (Entered: 07/27/2007)
07/27/2007 44 DECLARATION of Mark A. Wasser in Opposition to Motion to Strike re 32
MOTION to STRIKE amending 31 Answer to Complaint Fifth Affirmative Defense.
08/06/2007 45 REPLY to RESPONSE to MOTION re 32 MOTION to STRIKE amending 31 Answer
to Complaint Fifth Affirmative Defense. (Lee, Eugene) (Entered: 08/06/2007)
amending 31 Answer to Complaint Fifth Affirmative Defense. REPLY (Lee, Eugene)
(Entered: 08/06/2007)
08/14/2007 47 MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner :
HEARING held on 8/14/2007 re 32 MOTION to STRIKE Fifth Affirmative Defense.
Motion is argued and submitted. Court to issue ruling. Plaintiffs Counsel E. Lee
telephonically present. Defendants Counsel M. Wasser present. Court Reporter/CD
Number: ECRO. (Lucas, G) (Entered: 08/14/2007)
09/24/2007 48 MOTION to COMPEL Initial Disclosures and Sanctions by David F. Jadwin.Motion
Hearing set for 11/5/2007 at 09:30 AM in Bakersfield at 18th Street (TAG) before
Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/24/2007)
09/24/2007 49 MEMORANDUM/RESPONSE in SUPPORT re 48 MOTION to COMPEL Initial
Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007)
09/24/2007 50 DECLARATION of Eugene D. Lee in SUPPORT OF re 48 MOTION to COMPEL
Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007)
09/24/2007 51 DECLARATION of Joan E. Herrington in SUPPORT OF re 48 MOTION to COMPEL
Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 09/24/2007)
09/24/2007 52 PROPOSED ORDER re 48 MOTION to COMPEL Initial Disclosures and Sanctions.
09/27/2007 53 MINUTE ORDER (Text only) by deputy clerk: Pursuant to LR 5-133(f) Plaintiff is to
send courtesy copies of documents 49 Memorandum/Response in Support of Motion,
50 Declaration in support, and 51 Declaration in support, which exceed 50 pages in
each document - to the chambers of Magistrate Judge Goldner, 1200 Truxtun Avenue,
Suite 120, Bakersfield, CA, 93301. (Leon Guerrero, A) (Entered: 09/27/2007)
10/12/2007 54 MEMORANDUM/RESPONSE in OPPOSITION. To Motion To Compel (Wasser,
Mark) (Entered: 10/12/2007)
6 of 36 8/3/2009 5:30 PM
10/12/2007 55 DECLARATION of Mark A. Wasser in Opposition To re 48 MOTION to COMPEL

Initial Disclosures and Sanctions. (Wasser, Mark) (Entered: 10/12/2007)
10/12/2007 56 MOTION for PROTECTIVE ORDER Re: Employees' Home Addresses by Peter
Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy,
Toni Smith, Jennifer Abraham.Motion Hearing set for 11/5/2007 at 09:30 AM in
Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner.
10/12/2007 57 MEMORANDUM/RESPONSE in SUPPORT re 56 MOTION for PROTECTIVE
ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered: 10/12/2007)
10/12/2007 58 DECLARATION of Mark A. Wasser in Support of re 56 MOTION for PROTECTIVE
10/12/2007 59 DECLARATION of Jennifer Abraham in Support of re 56 MOTION for
PROTECTIVE ORDER Re: Employees' Home Addresses. (Wasser, Mark) (Entered:
10/12/2007)
10/12/2007 60 DECLARATION of Toni Smith in Support Of re 56 MOTION for PROTECTIVE
10/12/2007 61 DECLARATION of Michelle Burris in Support Of re 56 MOTION for PROTECTIVE
10/12/2007 62 DECLARATION of Denise Long in Support Of re 56 MOTION for PROTECTIVE
10/12/2007 63 DECLARATION of Jane Thornton in Support Of re 56 MOTION for PROTECTIVE
10/23/2007 64 ORDER denying 32 Motion to Strike signed by Judge Theresa A. Goldner on
10/23/2007. (Leon Guerrero, A) (Entered: 10/23/2007)
10/26/2007 65 REPLY to RESPONSE to MOTION re 48 MOTION to COMPEL Initial Disclosures
and Sanctions. (Lee, Eugene) (Entered: 10/26/2007)
10/26/2007 66 DECLARATION of Eugene D. Lee in IN SUPPORT OF REPLY re 48 MOTION to
COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered: 10/26/2007)
10/26/2007 67 DECLARATION of David F. Jadwin, D.O. in IN SUPPORT OF REPLY re 48
MOTION to COMPEL Initial Disclosures and Sanctions. (Lee, Eugene) (Entered:
10/26/2007)
10/29/2007 68 MOTION for RECONSIDERATION re 64 Order on Motion to Strike Request for
Reconsideration by District Court of Magistrate Judge's Ruling by David F. Jadwin.
10/31/2007 69 DECLARATION of Mark A. Wasser. Re: Inability to Prepare and Execute a Joint
Statement Re: Discovery Agreement. [Re: Doc #56] (Wasser, Mark) (Entered:
10/31/2007)
10/31/2007 70 MEMORANDUM/RESPONSE in OPPOSITION re 68 MOTION for
RECONSIDERATION re 64 Order on Motion to Strike Request for Reconsideration
by District Court of Magistrate Judge's Ruling. (Wasser, Mark) (Entered:
10/31/2007)
7 of 36 8/3/2009 5:30 PM
11/01/2007 71 ORDER dropping Plaintiff's 48 MOTION to COMPEL; Order directing Counsel for
Defendants to inform the Court as to the Status of Defendants' 56 MOTION for
PROTECTIVE ORDER, signed by Judge Theresa A. Goldner on 11/01/2007.
Defendants' Counsel shall advise the court in writing no later than 5:00 P.M. on
11/1/2007, if Defendants intend to proceed with the Motion for a Protective Order, or
if they wish to withdraw it at this time. (Martin, S) (Entered: 11/01/2007)
11/01/2007 SERVICE BY MAIL: 71 Order served on Joan Elizabeth Herrington (Martin, S)
(Entered: 11/01/2007)
11/01/2007 72 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court is in receipt of the
plaintiff's Motion for Reconsideration 68 , and defendant's memorandum/response in
opposition 70 . Any reply shall befiled by 11/8/2007. The matter will then be deemed
submitted. (Timken, A) (Entered: 11/01/2007)
11/01/2007 SERVICE BY MAIL: 72 Minute Order Joan Elizabeth Herrington. (Timken, A)
(Entered: 11/01/2007)
11/01/2007 73 STATEMENT of Withdrawal of Motion Re Protective Order by Defendants Peter
Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 11/01/2007)
11/01/2007 74 STIPULATION and PROPOSED ORDER Re Contact Information For Witnesses
Disclosed In The Initial Disclosures by Peter Bryan, Irwin Harris, Eugene Kercher,
County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser,
11/02/2007 75 STIPULATION and ORDER RE: Contact Information for Witnesses Disclosed in the
Initial Disclosures signed by Judge Theresa A. Goldner on 11/2/7. (Kusamura, W)
(Entered: 11/02/2007)
11/02/2007 SERVICE BY MAIL: 75 Stipulation and Order served on Joan Elizabeth Herrington
(Kusamura, W) (Entered: 11/02/2007)
11/02/2007 76 MINUTE ORDER: The Court has received Defendants' statement of withdrawal of
motion for protective order (Doc. 73). The motion for protective order is withdrawn,
and the November 5, 2007 hearing on the motion is vacated 56 . (Kusamura, W)
(Entered: 11/02/2007)
11/02/2007 SERVICE BY MAIL: 76 Minute Order served on Joan Elizabeth Herrington
(Kusamura, W) (Entered: 11/02/2007)
11/08/2007 77 REPLY to RESPONSE to MOTION re 68 MOTION for RECONSIDERATION re 64
Order on Motion to Strike Request for Reconsideration by District Court of
Magistrate Judge's Ruling. (Lee, Eugene) (Entered: 11/08/2007)
11/15/2007 78 STIPULATION and PROPOSED ORDER To Continue Trial And Pre-Trial Dates by
Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William
Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 11/15/2007)
11/16/2007 79 MINUTE ORDER: ***TEXT ONLY ENTRY*** The docket indicates that you
docketed a proposed order, 78 , however you failed to also send it toJudge Wangers
order box so it could actually be signed. Please submit the document in Word or
WordPerfect format to owworders@caed.uscourts.gov (Timken, A) (Entered:
11/16/2007)
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11/20/2007 80 STIPULATION AND ORDER continuing pre-trial dates signed by Judge Oliver W.
Wanger on 11/17/2007:Discovery due by 7/7/2008. Non-Dispositive Motions due by
7/21/2008. Dispositive Motion due by 8/4/2008. Settlement Conference set for
5/7/2008 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge
Theresa A. Goldner. Pretrial Conference set for 10/14/2008 at 11:00 AM in
Courtroom 3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 12/2/2008 at
09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lucas, G)
(Entered: 11/20/2007)
11/20/2007 SERVICE BY MAIL: 80 Scheduling Order served on Joan Elizabeth Herrington
(Lucas, G) (Entered: 11/20/2007)
12/17/2007 81 ORDER denying 68 Motion for Reconsideration signed by Judge Oliver W. Wanger
on 12/17/2007. (Kusamura, W) (Entered: 12/17/2007)
12/21/2007 82 MOTION to COMPEL PRODUCTION / RESPONSES by David F. Jadwin.Motion
01/09/2008 83 DECLARATION of Eugene D. Lee in INABILITY TO EXECUTE JOINT
STATEMENT re 82 MOTION to COMPEL PRODUCTION / RESPONSES. (Lee,
01/09/2008 84 DECLARATION of Mark A. Wasser in Re: Inability To Prepare and Execute A Joint
Statement Re: Discovery Disagreement and In Opposition to Motion to Compel re 82
MOTION to COMPEL PRODUCTION / RESPONSES. (Wasser, Mark) (Entered:
01/09/2008)
01/14/2008 85 MINUTES (Text Only) for proceedings held before Judge Theresa A. Goldner:
MOTION HEARING held on 1/14/2008 re 82 MOTION to COMPEL. Argued and
submitted. Court to issue ruling. Counsel to file stipulation and proposed order re
matters agreed upon in Court re Discovery, to be filed by 1/23/2008. Plaintiffs Counsel
E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number:
ECRO. (Leon Guerrero, A) (Entered: 01/14/2008)
01/23/2008 86 DECLARATION of Mark A. Wasser re 82 MOTION to COMPEL PRODUCTION /
RESPONSES. Re: Inability to File Stipulation Following Discovery Hearing
01/23/2008 87 DECLARATION of Eugene D Lee in re INABILITY TO RESOLVE DISPUTE re 82
MOTION to COMPEL PRODUCTION / RESPONSES. (Lee, Eugene) (Entered:
01/23/2008)
01/24/2008 88 DECLARATION of Mark A. Wasser re 82 MOTION to COMPEL PRODUCTION /
RESPONSES. Supplemental Declaration Re: Inability to File Stipulation Following
Discovery Hearing (Wasser, Mark) (Entered: 01/24/2008)
01/24/2008 89 EX PARTE APPLICATION re Discovery Disputes by David F. Jadwin for EX
PARTE TELEPHONIC HEARING. (Lee, Eugene) (Entered: 01/24/2008)
01/25/2008 90 MINUTE ORDER (Text only) as approved by Magistrate Judge Goldner: re 89 Ex
Parte Application. A Telephonic Status Conference is set for 2/1/2008 at 09:30 AM in
Bakersfield at Truxtun (TAG) before Judge Goldner. Plaintiff counsel to initiate a
one-line conference call with defendant's counsel to 661-326-6620 for telephonic
appearance before Judge Goldner. (Leon Guerrero, A) (Entered: 01/25/2008)
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01/31/2008 91 DECLARATION of Eugene D. Lee in re SUPPLEMENTAL DECLARATION re

DISCOVERY DISPUTE re 82 MOTION to COMPEL PRODUCTION / RESPONSES.
02/01/2008 92 MINUTES (Text Only) for proceedings held before Magistrate Judge Theresa A.
Goldner: TELEPHONIC STATUS CONFERENCE re Ex Parte Discovery matters
heard and conducted on 2/1/2008. NO EX PARTE RELIEF TO BE GRANTED.
Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present. Court
Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 02/01/2008)
02/04/2008 93 NOTICE by David F. Jadwin. CHANGE OF ATTORNEYS FOR PLAINTIFF (Lee,
02/04/2008 94 CLERK'S NOTICE to Eugene Lee re 93 Notice (Other): When filing a document
designating counsel for service, please use the event Designation of Counsel; please
avoid using the generic Notice (other) event when a more specific event is available.
(Hutcheson, C) (Entered: 02/04/2008)
03/24/2008 95 MOTION to COMPEL DEPOSITION; PROTECTIVE ORDER; SANCTIONS by
David F. Jadwin. Motion Hearing set for 4/14/2008 at 09:30 AM in Bakersfield at 18th
Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered:
03/24/2008)
03/24/2008 96 MOTION to COMPEL FURTHER REPONSES TO INTERROGATORIES, SET ONE
by David F. Jadwin. Motion Hearing set for 4/14/2008 at 09:30 AM in Bakersfield at
18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene)
(Entered: 03/24/2008)
04/02/2008 97 MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff by
Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for 4/28/2008 at 09:30 AM in
Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner.
04/02/2008 98 MEMORANDUM/RESPONSE in SUPPORT re 97 MOTION for PROTECTIVE
ORDER Re: Further Interrogatories by Plaintiff. (Wasser, Mark) (Entered:
04/02/2008)
04/02/2008 99 DECLARATION of Mark A. Wasser in Support of re 97 MOTION for PROTECTIVE
ORDER Re: Further Interrogatories by Plaintiff. (Wasser, Mark) (Entered:
04/02/2008)
04/03/2008 100 MINUTE ORDER (Text only) as approved by Magistrate Judge Goldner: Plaintiff's
Motions 95 and 96 are RESET (for 4/28/2008 at 09:30 AM in Bakersfield at 18th
Street (TAG) before Magistrate Judge Theresa A. Goldner). Parties may appear
telephonically by making reservations with Court Call at 866-582-6878. (Leon
04/23/2008 101 DECLARATION of Mark A. Wasser in Re: Inability To Prepare Joint Statement on
Discovery Dispute re 96 MOTION to COMPEL FURTHER REPONSES TO
INTERROGATORIES, SET ONE. (Attachments: # 1 Exhibit A, # 2 Exhibit B and
C)(Wasser, Mark) (Entered: 04/23/2008)
04/23/2008 102 DECLARATION of Mark A. Wasser in Re Inability to Prepare Joint Statement Re
Motion to Compel Patricia Perez Deposition re 95 MOTION to COMPEL
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DEPOSITION; PROTECTIVE ORDER; SANCTIONS. (Attachments: # 1 Exhibit A, #

2 Exhibit B, # 3 Exhibit C and D, # 4 Exhibit E, # 5 Exhibit F)(Wasser, Mark)
(Entered: 04/23/2008)
FURTHER REPONSES TO INTERROGATORIES, SET ONE. Inability to Secure
Cooperation re Joint Statement (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered:
04/23/2008)
DEPOSITION; PROTECTIVE ORDER; SANCTIONS. Inability to Secure
Cooperation re Joint Statement (Attachments: # 1 Exhibit)(Lee, Eugene) (Entered:
04/23/2008)
04/23/2008 105 DECLARATION of Mark A. Wasser in Re Inability to Prepare Joint Statement re 97
MOTION for PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff.
04/23/2008 106 DECLARATION of Eugene D. Lee in OPPOSITION TO re 97 MOTION for
PROTECTIVE ORDER Re: Further Interrogatories by Plaintiff. Inability to Secure
Cooperation re Joint Statement (Lee, Eugene) (Entered: 04/23/2008)
04/24/2008 107 MINUTE ORDER: TEXT ONLY ENTRY - This notice is to clarify that the settlement
conference in this matter is set for 5/7/2008 at 10:00 AM in Bakersfield at Truxtun
(TAG) before Magistrate Judge Theresa A. Goldner. (Lucas, G) (Entered: 04/24/2008)
Goldner: MOTION HEARING held on 4/28/2008 re 95 , 96 and 97 . Court to issue
order. Plaintiff counsel to submit proposed order after hearing (Case Management due
by 5/1/2008). Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser, K.
Barnes present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered:
04/28/2008)
04/29/2008 109 REQUEST for Telephonic Attendance of Settlement Conference by David F. Jadwin.
04/30/2008 110 NOTICE of Submission of Confidential Settlement Conference Statement by Peter
05/02/2008 111 MINUTE ORDER (Text only) by Magistrate Judge Goldner: The Court has read and
considered Plaintiff's request to attend the settlement conference by telephone. Doc
109 . Plaintiff's request is DENIED.(Leon Guerrero, A) (Entered: 05/02/2008)
05/02/2008 112 NOTICE of Submission of Settlement Conference Statement by David F. Jadwin.
05/05/2008 113 ORDER GRANTING 95 Motion to Compel, request for sanctions taken under
submission; GRANTING 96 Motion to Compel, further interrogatories 46 and 47 and
request for sanctions taken under submission; DENYING 97 Motion for Protective
Order signed by Magistrate Judge Theresa A. Goldner on 5/2/08. (Leon Guerrero, A)
(Entered: 05/05/2008)
05/05/2008 114 REQUEST for Reconsideration of Telephonic Attendance of Settlement Confernece
by David F. Jadwin re 109 Request - ATY filed by David F. Jadwin. (Lee, Eugene)
11 of 36 8/3/2009 5:30 PM
(Entered: 05/05/2008)
05/05/2008 115 NOTICE of Withdrawal of Request for Reconsideration by David F. Jadwin re 114
Request - ATY. (Lee, Eugene) (Entered: 05/05/2008)
05/05/2008 116 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Peter Bryan, Irwin Harris,
Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer
Abraham. (Wasser, Mark) (Entered: 05/05/2008)
05/05/2008 117 EX PARTE APPLICATION by Peter Bryan, Irwin Harris, Eugene Kercher, County of
Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham for Order Shortening
Time Re Motion for Permission to Serve Expert Reports After May 5, 2008. (Wasser,
05/05/2008 118 DECLARATION of Mark A. Wasser in SUPPORT OF re 117 Ex Parte Application.
for Order Shortening Time Re Motion for Permission to Serve Expert Reports After
May 5, 2008 (Wasser, Mark) (Entered: 05/05/2008)
05/05/2008 119 PROPOSED ORDER On Ex Parte Application for Order Shortening Time Re Motion
for Permission to Serve Expert Reports After May 5, 2008 re 117 Ex Parte
Application, 118 Declaration by Peter Bryan, Irwin Harris, Eugene Kercher, County of
Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark)
(Entered: 05/05/2008)
05/05/2008 120 DESIGNATION/DISCLOSURE of EXPERT WITNESS by David F. Jadwin. (Lee,
05/07/2008 121 OPPOSITION by Plaintiff David F. Jadwin to 117 Ex Parte Application. for Order
Shortening Time Re Motion for Permission to Serve Expert Reports After May 5,
2008 (Lee, Eugene) (Entered: 05/07/2008)
05/07/2008 122 ORDER granting defendants application for order shortening time re motion for
permission to serve expert reports after 5/5/2008 signed by Judge Oliver W. Wanger
on 5/6/2008. Hearing on motion set for 5/12/2008 at 11:00 AM in Courtroom 3
(OWW) before Judge Oliver W. Wanger. (Lucas, G) (Entered: 05/07/2008)
Goldner: SETTLEMENT CONFERENCE conducted. Case did not settle. Plaintiffs
Counsel E. Lee present. Defendants Counsel M. Wasser and K. Barnes present. (Leon
05/09/2008 124 ORDER granting in part and denying in part 82 Motion to Compel Production and
Further Responses signed by Magistrate Judge Theresa A. Goldner on 5/8/2008. (Leon
05/09/2008 125 MEMORANDUM/RESPONSE in OPPOSITION. to Motion for Permission to Serve
Expert Reports After May 5, 2008 (Attachments: # 1 Declaration In Support of
Opposition to Motion for Permission to Serve Expert Reports After May 5, 2008, # 2
Exhibit to Declaration In Support of Opposition to Motion for Permission to Serve
Expert Reports After May 5, 2008)(Lee, Eugene) (Entered: 05/09/2008)
05/12/2008 126 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger:
HEARING re Motion to Serve Expert Reports After Cut-Off held on 5/12/2008. The
matter was argued and submitted. The Court grants the motion, to be completed within
20 days. Counsel to submit stipulation amending scheduling orded no latter than
12 of 36 8/3/2009 5:30 PM
5/16/2008. Counsel to prepare order reducing the Court's ruling to writing. Plaintiffs
Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD
Number: K. Lopez. (Timken, A) (Entered: 05/12/2008)
05/13/2008 127 ORDER GRANTING IN PART AND DENYING IN PART SUBMITTED ISSUES
ON MOTIONS TO COMPEL DISCOVERY RESPSONES re 95 AND 96 signed by
Magistrate Judge Theresa A. Goldner on 5/13/2008. (Leon Guerrero, A) (Entered:
05/13/2008)
05/14/2008 128 STIPULATION and PROPOSED ORDER re Protective Order re Privacy Balancing re
127 Order by David F. Jadwin. (Lee, Eugene) (Entered: 05/14/2008)
05/15/2008 129 MINUTE ORDER: ***TEXT ONLY ENTRY*** Per the request of counsel, a Status
Conference re plaintiff's examination has been set for 5/16/2008 at 09:15 AM in
Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered:
05/15/2008)
05/16/2008 130 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: STATUS
CONFERENCE re plaintiff examination held on 5/16/2008. The Court orders the
examination report subject to a protective order. The examination is not to be
interrupted for the plaintiff to consult with counsel. The examinations are to be held
5/19/2008 from 10:00 - 12:00 and 5/29/2008 from 1:00 - 5:00. The defendant's
vocational rehabilitation expert shall have access to plaintiff for the preperation of the
report. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present.
Court Reporter/CD Number: P. Crawford. (Timken, A) (Entered: 05/16/2008)
05/16/2008 131 MINUTE ORDER (TEXT ONLY) by Magistrate Judge Goldner: re 128 Stipulation
and Proposed Order. In its order dated 5/8/08 (Doc 124), the Court directed counsel to
submit a stipulated form of protective order. A protective order prevents the disclosure
of sensitive information except to certain individuals under certain circumstances. The
purpose of the Court's order directing counsel to submit a stipulated form of protective
order is for counsel to agree upon the terms necessary to protect the information to be
produced by Defendant in response to Plaintiff's Request for Production Nos. 12-15,
17, 28-30, 32, 33, 36-41, 45, 51-54, 58-61, 63, 65-67, 70-73, and 78. The stipulation
128 is not approved as a protective order because it does not address who will be given
access to the information or under what circumstances. Counsel are to submit a
stipulated proposed form of protective order containing those terms within 5 days from
the date of this minute order. If they cannot agree, then each counsel shall submit their
own proposed form of protective order within six days from the date of this order.
(Leon Guerrero, A) (Entered: 05/16/2008)
05/16/2008 132 STIPULATION and PROPOSED ORDER Stipulation Re: Examination of Plaintiff and
Order re 130 Status Conference,, by Peter Bryan, Irwin Harris, Eugene Kercher,
05/16/2008 133 STIPULATION and PROPOSED ORDER Stipulation to Continue Trial and Pre-Trial
Dates and Order re 126 Motion Hearing,, 130 Status Conference,, by Peter Bryan,
Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni
Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/16/2008)
05/19/2008 134 MOTION for RECONSIDERATION re 124 Order on Motion to Compel Production
and Further Responses to Requests for Production, Set One by David F. Jadwin.
13 of 36 8/3/2009 5:30 PM
05/20/2008 135 STIPULATION and ORDER RE: Examination of Plaintiff, signed by Judge Oliver W.
Wanger on 05/19/2008. (Kusamura, W) (Entered: 05/20/2008)
05/20/2008 136 STIPULATION and PROPOSED ORDER Re: Balancing of Privacy Interests and
Protective Order re 124 Order on Motion to Compel by Peter Bryan, Irwin Harris,
05/20/2008 137 STIPULATION and ORDER re balancing of privacy interests and protective order
signed by Magistrate Judge Theresa A. Goldner on 5/20/2008. (Leon Guerrero, A)
(Entered: 05/20/2008)
05/21/2008 138 MINUTE ORDER: ***TEXT ONLY ENTRY*** NOTICE TO COUNSEL RE 134 :
Counsel are reminded of Local Rule 5-133(f) that when any document which has been
electronically filed exceeds 25 pages, counsel must also submit a courtesy paper copy
to chambers which is properly labeled, tabbed and fastened. (Timken, A) (Entered:
05/21/2008)
05/22/2008 139 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court has ordered a Status
Conference to be held 5/23/2008 at 12:00 PM in Courtroom 3 (OWW) before Judge
Oliver W. Wanger. All parties may appear telephonically. Counsel to arrange the
conference call prior to calling chambers at 12:00. (Timken, A) (Entered: 05/22/2008)
05/22/2008 140 MOTION for PROTECTIVE ORDER re Psychotherapy Notes, MOTION to QUASH
Records Subpoenas by David F. Jadwin. (Attachments: # 1 Declaration In Support of
Motion for Protective Order & Quash Subpoenas, # 2 Declaration In Support of
Motion for Protective Order and Quash Subpoenas)(Lee, Eugene) (Entered:
05/22/2008)
05/23/2008 141 MEMORANDUM/RESPONSE in OPPOSITION re 134 MOTION for
RECONSIDERATION re 124 Order on Motion to Compel Production and Further
Responses to Requests for Production, Set One. (Wasser, Mark) (Entered:
05/23/2008)
Telephonic Status HEARING held on 5/23/2008. Resolution of dispute was reached.
Plainitff to prepare order for approval of the court. Plaintiffs Counsel E. Lee -
Telephonic. Defendants Counsel M. Wasser - Telephonic. Court Reporter/CD
Number: ECRO. (Timken, A) (Entered: 05/23/2008)
05/23/2008 143 PROPOSED ORDER GRANTING IN PART AND DENYING IN PART re 140
MOTION for PROTECTIVE ORDER re Psychotherapy Notes MOTION to QUASH
Records Subpoenas by David F. Jadwin. (Lee, Eugene) (Entered: 05/23/2008)
05/28/2008 144 STIPULATION and PROPOSED ORDER To Continue Trial and Pre-Trial Dates by
Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/28/2008)
05/28/2008 145 STIPULATION and PROPOSED ORDER To Continue Pre-Trial Dates and Order
(CORRECTED) by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered:
05/28/2008)
06/02/2008 146 REQUEST for Telephone Conference Re: Psychological Exam of Plaintiff by Peter
14 of 36 8/3/2009 5:30 PM

06/02/2008 147 MOTION to COMPEL Compliance with Order re Plaintiff's Mental Examination by
David F. Jadwin. (Lee, Eugene) (Entered: 06/02/2008)
06/02/2008 148 MINUTE ORDER: ***TEXT ONLY ENTRY*** Pursuant to the request of counsel, a
Status Conference re plaintiff's mental examination has been set for 6/4/2008 at 12:15
PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered:
06/02/2008)
06/03/2008 149 STIPULATION and ORDER, signed by Judge Oliver W. Wanger on 5/29/2008.
(Disclosure of Expert Reports due by 06/16/2008, Supplemental Expert Disclosure due
by 07/16/2008, Discovery due by 8/18/2008, Non-Dispositive Motion Deadline due by
09/2/2008, Non-Dispositive Motion Hearing set for 10/2/2008, Dispositive Motion due
by 9/15/2008, Dispositive Motion Hearing set for 10/20/2008, Jury Trial set for
12/2/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger,
Pretrial Conference set for 11/3/2008 at 11:00 AM in Courtroom 3 (OWW) before
Judge Oliver W. Wanger) (Martin, S) (Entered: 06/03/2008)
06/03/2008 SERVICE BY MAIL: 149 Stipulation and Order, served on David F. Jadwin (Martin,
S) (Entered: 06/03/2008)
06/03/2008 150 DECLARATION of David F. Jadwin, D.O. in IN SUPPORT OF re 147 MOTION to
COMPEL Compliance with Order re Plaintiff's Mental Examination. Supplemental
06/03/2008 151 DECLARATION of Eugene D. Lee in IN SUPPORT OF re 147 MOTION to
COMPEL Compliance with Order re Plaintiff's Mental Examination. Supplemental
06/03/2008 152 DECLARATION of Robert Burchuk, M.D. in Support of Independent Psychological
Testing of Plaintiff David Jadwin re 146 Request - ATY, 148 Minute Order, Set/Reset
Deadlines and Hearings - O. (Wasser, Mark) (Entered: 06/03/2008)
CONFERENCE re plaintiff examination held on 6/4/2008. Issues relating to the
examination of the plaintiff were argued. The Court orders the 6/6/2008 examination
to take place at Dr. Jadwin's office. Plaintiffs Counsel E. Lee present. Defendants
Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Timken, A)
(Entered: 06/04/2008)
06/05/2008 154 TRANSCRIPT of Proceedings re Motion to Compel held on January 14, 2008, before
Magistrate Judge Theresa A. Goldner, filed by ECRO Michelle Rooney, Phone
number 559-499-5928 E-mail mrooney@caed.uscourts.gov. Transcript may be viewed
at the court public terminal or purchased through the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it may be
obtained through PACER. Any Notice of Intent to Request Redaction must be filed
within 5 court days. Redaction Request due 6/26/2008. Redacted Transcript Deadline
set for 7/7/2008. Release of Transcript Restriction set for 9/3/2008. (Rooney, M)
(Entered: 06/05/2008)
06/11/2008 155 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE
TO FILE THIRD SUPPLEMENTAL COMPLAINT by David F. Jadwin. Motion
15 of 36 8/3/2009 5:30 PM

06/12/2008 156 MINUTE ORDER (Text only) by Deputy Clerk: re 155 Motion to Amend the
Complaint. Pursuant to LR 133, counsel must provide a courtesy paper copy to the
chambers of Magistrate Goldner. (Leon Guerrero, A) (Entered: 06/12/2008)
06/25/2008 158 MEMORANDUM/RESPONSE in OPPOSITION re 155 MOTION to AMEND the
COMPLAINT amending 15 Amended Complaint LEAVE TO FILE THIRD
SUPPLEMENTAL COMPLAINT MOTION to AMEND the COMPLAINT amending
15 Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT.
06/30/2008 159 WITHDRAWAL of 155 MOTION to AMEND the COMPLAINT amending 15
Amended Complaint LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT
MOTION to AMEND the COMPLAINT amending 15 Amended Complaint LEAVE
TO FILE THIRD SUPPLEMENTAL COMPLAINT by David F. Jadwin. (Lee, Eugene)
(Entered: 06/30/2008)
07/01/2008 160 NOTICE of CHANGE of ADDRESS by Mark A Wasser. (Wasser, Mark) (Entered:
07/01/2008)
07/07/2008 161 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint by David
F. Jadwin. Motion Hearing set for 9/8/2008 at 10:00 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. (Lee, Eugene) (Entered: 07/07/2008)
07/09/2008 162 MINUTE ORDER: (Text only) re 161 MOTION to AMEND the Complaint RESET
from Judge Wanger's calendar to Magistrate Judge Goldner's calendar for 9/8/2008 at
09:30 AM in Bakersfield at U.S. District Court, Bankrutpcy Courtroom, 1300 18th
Street (TAG) before Magistrate Judge Theresa A. Goldner.(Leon Guerrero, A)
(Entered: 07/09/2008)
07/14/2008 163 EX PARTE APPLICATION by David F. Jadwin for Order Shortening Time re
Plaintiff's Motion to Compel Depositions. (Attachments: # 1 Proposed Order
Shortening Time re Plaintiff's Motion to Compel)(Lee, Eugene) (Entered: 07/14/2008)
07/14/2008 164 EX PARTE APPLICATION by Peter Bryan, Irwin Harris, Eugene Kercher, County of
Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham for Order Shortening
Time For Motion For Protective Order Re Further Depositions and Interrogatories By
Plaintiff. (Wasser, Mark) (Entered: 07/14/2008)
07/14/2008 165 DECLARATION of Mark A. Wasser in Support of re 164 Ex Parte Application,.
07/14/2008 166 PROPOSED ORDER Proposed Order re 165 Declaration, 164 Ex Parte Application,
by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland,
William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 07/14/2008)
07/15/2008 167 MINUTE ORDER (Text entry only) by Magistrate Judge Goldner: Plaintiffs
application for Order Shortening Time 163 is DENIED. Defendants application for
Order Shortening Time 164 is DENIED.(Leon Guerrero, A) (Entered: 07/15/2008)
16 of 36 8/3/2009 5:30 PM
07/15/2008 168 MOTION to COMPEL DEPOSITIONS by David F. Jadwin. Motion Hearing set for
8/5/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before Magistrate Judge
Theresa A. Goldner. (Lee, Eugene) (Entered: 07/15/2008)
07/16/2008 169 MOTION for PROTECTIVE ORDER Re Further Depositions and Interrogatories by
Plaintiff by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for
8/6/2008 at 09:30 AM in Bakersfield at Truxtun (TAG) before Magistrate Judge
Theresa A. Goldner. (Wasser, Mark) (Entered: 07/16/2008)
07/16/2008 171 DESIGNATION/DISCLOSURE of EXPERT WITNESS by David F. Jadwin. (Lee,
07/21/2008 172 NOTICE of Lodging by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern,
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 169 MOTION for
PROTECTIVE ORDER Re Further Depositions and Interrogatories by Plaintiff.
07/25/2008 173 ORDER Granting In Part and Denying In Part Plaintiff's Motions for Protective Order;
to Quash two record subpoenas for Plaintiff's psychiatric records; and for Defendants'
compliance with the Court's Order re: Plaintiff's Examination 140 , signed by Judge
Oliver W. Wanger on 5/24/08. (Gil-Garcia, A) (Entered: 07/25/2008)
07/25/2008 SERVICE BY MAIL: 173 Order on Motion for Protective Order, Order on Motion to
Quash,, served on David F. Jadwin (Gil-Garcia, A) (Entered: 07/25/2008)
07/28/2008 174 MEMORANDUM DECISION and ORDER Denying 134 Plaintiff's Request for
Reconsideration of Magistrate Judge's Ruling signed by Judge Oliver W. Wanger on
7/24/08. (Verduzco, M) (Entered: 07/28/2008)
07/28/2008 SERVICE BY MAIL: 174 Order served on David F. Jadwin. (Verduzco, M) (Entered:
07/28/2008)
07/31/2008 175 MOTION for PROTECTIVE ORDER re EXPERT DEPOSITIONS by David F.
Jadwin. Motion Hearing set for 8/21/2008 at 09:30 AM in Bakersfield at 18th Street
(TAG) before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered:
07/31/2008)
07/31/2008 176 APPLICATION for Order Shortening Time re Motion for Protective Order re
Expert Depositions by David F. Jadwin re 175 MOTION for PROTECTIVE ORDER
re EXPERT DEPOSITIONS filed by David F. Jadwin. (Lee, Eugene) (Entered:
07/31/2008)
07/31/2008 177 PROPOSED ORDER SHORTENING TIME re 176 Application - ATY by David F.
Jadwin. (Lee, Eugene) (Entered: 07/31/2008)
07/31/2008 178 DECLARATION of Eugene Lee in SUPPORT OF re 168 MOTION to COMPEL
DEPOSITIONS. INABILITY TO FILE JOINT STATEMENT (Attachments: # 1
Declaration in Support of Motion to Compel)(Lee, Eugene) (Entered: 07/31/2008)
17 of 36 8/3/2009 5:30 PM
07/31/2008 179 MINUTE ORDER by Magistrate Judge Goldner (TEXT ONLY ENTRY): The Court
has reviewed Plaintiff's application for an order shortening time (Doc 176) re a motion
for a protective order. Defendants are directd to file a response to the request for an
order shortening time only, no later than 5:00 p.m. on August 1, 2008.(Vasquez, J)
(Entered: 08/01/2008)
08/01/2008 SERVICE BY MAIL: 179 Minute Order served on David F. Jadwin (Alvarez, A)
(Entered: 08/01/2008)
08/01/2008 180 MEMORANDUM by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern,
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham re 176 Application - ATY
filed by David F. Jadwin, 179 Minute Order, Set/Reset Deadlines and Hearings - O,,.
In Response to Plaintiff's Ex Parte Application for an Order Shortening Time Re
Motion for Protective Order Re Expert Depositions (Wasser, Mark) (Entered:
08/01/2008)
08/01/2008 181 OBJECTIONS by Plaintiff David F. Jadwin to 180 Memorandum,. re Plaintiff's Ex
Parte Application for an Order Shortening Time (Lee, Eugene) (Entered:
08/01/2008)
08/01/2008 182 DECLARATION of Mark A. Wasser re 169 MOTION for PROTECTIVE ORDER Re
Further Depositions and Interrogatories by Plaintiff. In Lieu of Joint Statement Re
Discovery Disagreement Re Defendants' Motion for a Protective Order (Wasser,
08/01/2008 183 DECLARATION of Mark A. Wasser in Opposition To re 168 MOTION to COMPEL
DEPOSITIONS. (Wasser, Mark) (Entered: 08/01/2008)
08/01/2008 184 OPPOSITION by David F. Jadwin to 169 MOTION for PROTECTIVE ORDER Re
Further Depositions and Interrogatories by Plaintiff. Declaration of Eugene Lee in
Opposition (Lee, Eugene) (Entered: 08/01/2008)
08/04/2008 185 MINUTE ORDER (Text only) by Magistrate Judge Goldner: The hearing on Plaintiffs
Motion to Compel Depositions and Request for Sanctions 168 is continued from
August 5, 2008 at 9:30 AM to August 6, 2008 at 9:30 AM in Bakersfield at 18th Street
(TAG) before Magistrate Judge Theresa A. Goldner, and will be heard at the same
time as Defendants Motion for a Protective Order re Further Depositions and
Interrogatories 169 . (Leon Guerrero, A) (Entered: 08/04/2008)
08/04/2008 186 ORDER granting application, 175 MOTION for PROTECTIVE ORDER re EXPERT
DEPOSITIONS set for 8/11/2008 at 09:30 AM in Bakersfield at 18th Street (TAG)
before Magistrate Judge Theresa A. Goldner signed by Magistrate Judge Theresa A.
Goldner on 8/4/2008. (Leon Guerrero, A) (Entered: 08/04/2008)
08/04/2008 187 DOCKET CORRECTION re 186 . Entry 186 should read: ORDER granting
application 176 , setting MOTION 175 for PROTECTIVE ORDER re EXPERT
DEPOSITIONS for 8/11/2008 at 09:30 AM in Bakersfield at 18th Street (TAG) before
Magistrate Judge Theresa A. Goldner signed by Magistrate Judge Theresa A. Goldner
on 8/4/2008. (Leon Guerrero, A) (Entered: 08/04/2008)
08/06/2008 188 MINUTE ORDER (Text only) MOTION 175 - MOTION for PROTECTIVE ORDER
is RESET from 8/11/2008 to 8/12/2008 at 09:30 AM in Bakersfield at 18th Street
(TAG) before Magistrate Judge Theresa A. Goldner. (Leon Guerrero, A) (Entered:
08/06/2008)
18 of 36 8/3/2009 5:30 PM
Goldner: MOTION HEARING held on 8/6/2008 re 168 MOTION to COMPEL and
169 MOTION for PROTECTIVE ORDER. Plaintiff's motion to compel depositions is
GRANTED, request for sanctions DENIED. Defendant's motion for protective order is
GRANTED IN PART and DENIED IN PART. Counsel to submit proposed orders by
8/8/2008. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present.
Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 08/07/2008)
08/08/2008 190 PROPOSED ORDER re 169 MOTION for PROTECTIVE ORDER Re Further
Depositions and Interrogatories by Plaintiff by Peter Bryan, Irwin Harris, Eugene
Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.
08/08/2008 191 STIPULATION and PROPOSED ORDER Re Depositions After Discovery Cut-Off by
Roy, Toni Smith, David F. Jadwin, Jennifer Abraham. (Wasser, Mark) (Entered:
08/08/2008)
08/08/2008 192 STIPULATION and ORDER re depositions after discovery cut-off signed by Judge
Oliver W. Wanger on 8/8/2008. (Timken, A) (Entered: 08/08/2008)
08/08/2008 SERVICE BY MAIL: 192 Stipulation and Order served on David F. Jadwin (Timken,
A) (Entered: 08/08/2008)
08/08/2008 193 WITHDRAWAL of 175 MOTION for PROTECTIVE ORDER re EXPERT
DEPOSITIONS by David F. Jadwin. (Lee, Eugene) (Entered: 08/08/2008)
08/08/2008 194 ORDER granting plaintiff's motion to compel depositions and denying plaintiff's
request for sanctions 168 signed by Magistrate Judge Theresa A. Goldner on 8/8/2008.
(Leon Guerrero, A) (Entered: 08/08/2008)
08/08/2008 195 MINUTE ORDER (Text only): In light of Plaintiff's withdraw of Motion for Protective
Order 175 , the hearing set for 8/12/2008 is VACATED. (Leon Guerrero, A) (Entered:
08/08/2008)
08/08/2008 196 ORDER granting in part and denying in part defendants' motion for protective order
169 signed by Magistrate Judge Theresa A. Goldner on 8/8/2008. (Leon Guerrero, A)
(Entered: 08/08/2008)
08/12/2008 197 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the discovery cut-off in the
matter has been extended, and at the request of counsel, a Scheduling Conference has
been set for 8/13/2008 at 12:30 PM in Courtroom 3 (OWW) before Judge Oliver W.
Wanger to discuss the possibility of a revised schedule. (Timken, A) (Entered:
08/12/2008)
08/12/2008 198 STIPULATION re Depositions After Discovery Cut-off & ORDER Thereon signed by
Judge Oliver W. Wanger on 8/8/08. (Verduzco, M) (Entered: 08/12/2008)
CONFERENCE held on 8/13/2008 Matter was aregued and Court ruled. Extending
filing dates for discovery 2 weeks, trial date will remain the same. Motion Hearing set
for 10/27/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger
Reporter/CD Number: ECRO. (Kusamura, W) (Entered: 08/14/2008)
19 of 36 8/3/2009 5:30 PM
Goldner: TELEPHONIC CONFERENCE re discovery disputes during depositions
held on 8/18/2008. Depositions to proceed as ordered by the Court. Plaintiffs Counsel
E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD Number:
ECRO. (Leon Guerrero, A) (Entered: 08/18/2008)
08/19/2008 201 PROPOSED ORDER Revised Scheduling Order re 199 Status Conference, Set/Reset
Deadlines and Hearings - MIN,, by Peter Bryan, Irwin Harris, Eugene Kercher,
08/21/2008 202 REQUEST for Telephonic Conference re Deposition Disputes by David F. Jadwin.
(Attachments: # 1 Exhibit Deposition of Toni Smith, # 2 Exhibit Deposition of Barbara
Patrick)(Lee, Eugene) (Entered: 08/21/2008)
08/21/2008 203 MINUTE ORDER (Text only) by Magistrate Judge Goldner. The Court sets a
TELEPHONIC STATUS CONFERENCE on Plaintiff's "Request" (Doc 202) filed this
date, set for 8/21/2008 at 02:00 PM in Bakersfield at Truxtun (TAG) before
Magistrate Judge Theresa A. Goldner. Counsel may appear telephonically on a
one-line conference call to 661-326-6620. (Leon Guerrero, A) (Entered: 08/21/2008)
08/22/2008 204 OPPOSITION by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham to 161 MOTION to AMEND the
COMPLAINT amending 15 Amended Complaint. (Wasser, Mark) (Entered:
08/22/2008)
08/22/2008 205 STIPULATION and PROPOSED ORDER re 161 MOTION to AMEND the
COMPLAINT amending 15 Amended Complaint by Peter Bryan, Irwin Harris,
Goldner: TELEPHONIC STATUS CONFERENCE held on 8/22/2008. Court to issue
order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present.
Court Reporter/CD Number: ECRO. (Leon Guerrero, A) (Entered: 08/22/2008)
08/22/2008 207 ORDER re 202 Letter Request regarding discovery dispute, and Order re appointment
of Special Master for depositions signed by Magistrate Judge Theresa A. Goldner on
8/22/08. (Attachments: # 1 Curriculum Vitae)(Leon Guerrero, A) (Entered:
08/22/2008)
08/22/2008 208 STIPULATION and ORDER resetting MOTION 161 . MOTION to AMEND the
COMPLAINT is reset from 9/8/2008 to 9/15/2008 at 09:30 AM in Bakersfield at 18th
Street (TAG) before Magistrate Judge Theresa A. Goldner - signed by Magistrate
Judge Theresa A. Goldner on 8/22/2008. (Leon Guerrero, A) (Entered: 08/22/2008)
08/25/2008 209 REVISED SCHEDULING ORDER, signed by Judge Oliver W. Wanger on 8/20/2008.
(Non-Dispositive Motion Hearing 10/3/2008). **STAYED per 238 Order**
(Scrivner, E) (Entered: 08/25/2008)
08/25/2008 210 STATEMENT of Mark Wasser re: Special Master by Defendants Peter Bryan, Irwin
Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith,
Jennifer Abraham. (Wasser, Mark) (Entered: 08/25/2008)
20 of 36 8/3/2009 5:30 PM
08/27/2008 211 AFFIDAVIT by Kenneth M Byrum. Attorney Byrum, Kenneth M. added. (Byrum,
Kenneth) (Entered: 08/27/2008)
08/27/2008 212 OBJECTIONS by Plaintiff David F. Jadwin to 207 Order. re Special Master (Lee,
09/01/2008 213 PROPOSED ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL
DEPOSITIONS re 200 In Chambers Conference, by David F. Jadwin. (Lee, Eugene)
(Entered: 09/01/2008)
09/01/2008 214 REQUEST for Reconsideration of Magistrate Judge's Ruling by David F. Jadwin re
207 Order. (Lee, Eugene) (Entered: 09/01/2008)
09/01/2008 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3 by David F. Jadwin.
Motion Hearing set for 9/26/2008 at 09:30 AM in Bakersfield at 18th Street (TAG)
before Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/01/2008)
09/02/2008 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO
QUESTIONS by David F. Jadwin. Motion Hearing set for 9/26/2008 at 09:30 AM in
Bakersfield at 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Lee,
09/02/2008 217 MOTION to AMEND the COMPLAINT amending 15 Amended Complaint (LEAVE
TO FILE SECOND AMENDED COMPLAINT) by David F. Jadwin. Motion Hearing
set for 10/3/2008 at 10:00 AM in Bakersfield at 18th Street (TAG) before Magistrate
Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 09/02/2008)
09/03/2008 218 WITHDRAWAL of 161 MOTION to AMEND the COMPLAINT amending 15
Amended Complaint by David F. Jadwin. (Lee, Eugene) (Entered: 09/03/2008)
09/03/2008 219 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Hearing re Motion to amend
complaint, 217 , currently set for 10/3/2008 before Magistrate Judge Goldner, has
been reset for 10/6/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W.
Wanger. (Timken, A) (Entered: 09/03/2008)
09/05/2008 220 ORDER DENYING REQUEST FOR APPOINTMENT OF SPECIAL MASTER and
ORDER ON STIPULATIONS RE DEPOSITIONS signed by Magistrate Judge Theresa
A. Goldner on 9/5/2008. (Leon Guerrero, A) (Leon Guerrero, A). (Entered:
09/05/2008)
09/05/2008 221 RESERVICE OF DOCUMENT 220 : addressed to all parties (Leon Guerrero, A)
(Entered: 09/05/2008)
09/11/2008 222 ORDER DENYING 214 Plaintiff's Request for Reconsideration By District Court of
Magistrate Judge's Ruling Signed by Judge Oliver W. Wanger on 09/10/2008.
09/16/2008 223 MINUTE ORDER: ***TEXT ONLY ENTRY*** At the request of counsel, a
telephonic conference has been set for 9/17/2008 at 12:15 PM in Courtroom 3
(OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 09/16/2008)
09/17/2008 224 MINUTES (Text Only) for proceedings held on 9/17/2008 before Judge Oliver W.
Wanger: IN COURT HEARING re scheduling conflicts held - the court stays the
current scheduling conference dates pending disposition on the motion to amend,
document 161 , currently set to be heard on 10/6/2008 before Judge Oliver Wanger.
Attorney Mark Wasser to prepare order re same.Plaintiff's Counsel E. Lee and J.
21 of 36 8/3/2009 5:30 PM
Herrington appearing telephonically. Defendants' Counsel M. Wasser appearing

telephonically.Court Reporter/CD Number: ECRO. (Rooney, M) (Entered:
09/17/2008)
Ragland, William Roy, Toni Smith, Jennifer Abraham to 217 MOTION to AMEND the
COMPLAINT amending 15 Amended Complaint (LEAVE TO FILE SECOND
AMENDED COMPLAINT) MOTION to AMEND the COMPLAINT amending 15
Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT).
09/22/2008 226 PROPOSED ORDER Staying Revised Scheduling Order by Peter Bryan, Irwin Harris,
09/23/2008 227 DECLARATION of Eugene D. Lee in re INABILITY TO EXECUTE JOINT
STATEMENT 215 MOTION to COMPEL FURTHER PRODUCTION - RPD1/3.
(Attachments: # 1 Exhibit to Joint Statement)(Lee, Eugene) (Entered: 09/23/2008)
09/23/2008 228 WITHDRAWAL of 216 MOTION to COMPEL RECONVENING OF DEPOSITIONS
AND RESPONSES TO QUESTIONS by David F. Jadwin. (Lee, Eugene) (Entered:
09/23/2008)
09/23/2008 229 DECLARATION of Mark A. Wasser in Re: Inability to Prepare and Execute a Joint
Statement Re Discovery Disagreement in Opposition to Motion to Compel 215
MOTION to COMPEL FURTHER PRODUCTION - RPD1/3. (Wasser, Mark)
(Entered: 09/23/2008)
09/23/2008 230 DECLARATION of Mark A. Wasser in Re Inability to Prepare and Execute a Joint
Statement Re Discovery Disagreement In Opposition To Motion to Compel
Reconvening of Depositions 216 MOTION to COMPEL RECONVENING OF
DEPOSITIONS AND RESPONSES TO QUESTIONS. (Wasser, Mark) (Entered:
09/23/2008)
09/24/2008 231 DECLARATION of Mark A. Wasser in Support of Request for Attorneys Fees on
Withdrawal of Motion to Compel Reconvening Depositions 216 MOTION to
COMPEL RECONVENING OF DEPOSITIONS AND RESPONSES TO QUESTIONS.
09/24/2008 232 MINUTE ORDER (Text entry only) as approved by Magistrate Judge Goldner: Law
and motion dates are scheduled for Mondays; Motion 215 to Compel FURTHER
PRODUCTION - is RESET from 9/26/2008 to 9/29/2008 at 09:00 AM in Bakersfield
at 1300 18th Street (TAG) before Magistrate Judge Theresa A. Goldner. (Leon
09/26/2008 233 DECLARATION of Eugene D. Lee. (Attachments: # 1 Declaration in Support of
Request for Sanctions, # 2 Declaration in Support of Request for Sanctions)(Lee,
09/26/2008 234 DECLARATION of Eugene D. Lee in SUPPLEMENTAL IN SUPPORT OF 215
MOTION to COMPEL FURTHER PRODUCTION - RPD1/3. (Lee, Eugene)
(Entered: 09/26/2008)
Goldner: MOTION HEARING re 215 and 216 held on 9/29/2008. Plaintiff's counsel to
22 of 36 8/3/2009 5:30 PM
file proposed order by 10/3/2008. Plaintiffs Counsel E. Lee present. Defendants

Counsel M. Wasser present. Court Reporter/CD Number: ECRO. (Leon Guerrero, A)
(Entered: 09/29/2008)
09/29/2008 236 REPLY by David F. Jadwin to RESPONSE to 217 MOTION to AMEND the
Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT). (Lee,
10/01/2008 237 ORDER STAYING revised scheduling order pending hearing on plaintiff's motion to
amend his complaint currently scheduled for 10/6/2008; order signed by Judge Oliver
W. Wanger on 9/30/2008. (Rooney, M) (Entered: 10/01/2008)
10/02/2008 238 ORDER STAYING Revised 209 Scheduling Order, signed by Judge Oliver W.
Wanger on 9/30/2008. (Sondheim, M) (Entered: 10/02/2008)
HEARING re Motion to Amend Complaint held on 10/6/2008. Matter argued and
submitted. The Court grants the motion. Amended Complaint to be filed by 10/7/2008.
Discovery is reopened as to the new claims only. Discovery conference to be held no
later than 10/17/2008. Discovery due by 10/28/2008. Dispositive Motions due by
11/13/2008. Responses due 12/1/2008. Replies due by 12/8/2008. Dispositive motions
to be heard 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W.
Wanger. Pretrial Conference set for 2/9/2009 at 11:00 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. Jury Trial set for 3/24/2009 at 09:00 AM in
Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiff's counsel to prepare
order. Plaintiffs Counsel E. David Lee present. Defendants Counsel M. Wasser
present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 10/06/2008)
10/06/2008 240 ORDER granting in part and denying in part 215 Motion to Compel signed by
10/06/2008)
10/07/2008 241 Second AMENDED COMPLAINT against all defendants by David F. Jadwin.
(Attachments: # 1 Exhibit to Second Amended Complaint)(Lee, Eugene) (Entered:
10/07/2008)
10/15/2008 242 ORDER GRANTING PLAINTIFF'S REQUEST FOR SANCTIONS 215 signed by
10/15/2008)
10/15/2008 243 PROPOSED ORDER re Plaintiff's Motion to Amend re 217 MOTION to AMEND the
Amended Complaint (LEAVE TO FILE SECOND AMENDED COMPLAINT) by
David F. Jadwin. (Lee, Eugene) (Entered: 10/15/2008)
10/16/2008 244 PROPOSED ORDER (CORRECTED) re Plaintiff's Motion to Amend re 243 Proposed
Order, by David F. Jadwin. (Lee, Eugene) (Entered: 10/16/2008)
10/23/2008 245 ORDER Granting Plaintiff's Motion for Leave to File Second Amended Complaint
signed by Judge Oliver W. Wanger on 10/20/2008. (Flores, E) (Entered: 10/23/2008)
23 of 36 8/3/2009 5:30 PM
10/27/2008 246 ANSWER to AMENDED COMPLAINT by Peter Bryan, Irwin Harris, County of
Kern.(Wasser, Mark) (Entered: 10/27/2008)
11/05/2008 247 REQUEST for Relief from Page Limitation on MSJ by David F. Jadwin. (Lee,
11/05/2008 248 REQUEST for relief from 25-Page Limitation on Motions for Summary Judgment by
Peter Bryan, Irwin Harris, County of Kern. (Wasser, Mark) (Entered: 11/05/2008)
11/07/2008 249 MINUTE ORDER: ***TEXT ONLY ENTRY*** Counsel are advised that pursuant to
their requests, 247 , 248 , to file documents in excess of 25 pages, these two requests
are granted with a 35 page limit. (Timken, A) (Entered: 11/07/2008)
11/13/2008 250 MOTION for JUDGMENT on the Pleadings by Peter Bryan, Irwin Harris, Eugene
Kercher, County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.
Motion Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge
Oliver W. Wanger. (Wasser, Mark) (Entered: 11/13/2008)
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in SUPPORT of 250
MOTION for JUDGMENT on the Pleadings. (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 252 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Peter Bryan, Irwin
Jennifer Abraham: Notice of Lodging Deposition Transcripts Lodged with court
pursuant to 5-133(j). (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 253 MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims
in the Second Amended Complaint by Peter Bryan, Irwin Harris, Eugene Kercher,
County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion
Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver
W. Wanger. (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 254 DECLARATION of Michael J. Rubio in Support of 253 MOTION for SUMMARY
JUDGMENT and/or Summary Adjudication on all Claims in the Second Amended
Complaint. (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 255 DECLARATION of Raymond A. Watson in Support of 253 MOTION for
SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second
Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 256 DECLARATION of Mike Maggard in Support of 253 MOTION for SUMMARY
11/13/2008 257 DECLARATION of Jon McQuiston in Support of 253 MOTION for SUMMARY
11/13/2008 258 DECLARATION of Don Maben in Support of 253 MOTION for SUMMARY
11/13/2008 259 STATEMENT of Undisputed Facts In Support of Motion for Summary Judgment by
Defendants Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham re 253 MOTION for
24 of 36 8/3/2009 5:30 PM

Amended Complaint. (Attachments: # 1 Documents supporting, # 2 Documents
supporting, # 3 Documents supporting, # 4 Documents supporting, # 5 Documents
supporting, # 9 Documents supporting, # 10 Documents supporting)(Wasser, Mark)
(Entered: 11/13/2008)
11/13/2008 260 STATEMENT of Undisputed Facts In Support of Summary Judgment by Defendants
Roy, Toni Smith, Jennifer Abraham re 253 MOTION for SUMMARY JUDGMENT
and/or Summary Adjudication on all Claims in the Second Amended Complaint.
(Attachments: # 1 Documents supporting, # 2 Documents supporting, # 3 Documents
supporting, # 10 Documents supporting)(Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 261 STATEMENT of Undisputed Facts In Support of Summary Judgment by Defendants
Roy, Toni Smith, Jennifer Abraham re 253 MOTION for SUMMARY JUDGMENT
and/or Summary Adjudication on all Claims in the Second Amended Complaint.
(Attachments: # 1 Documents supporting, # 2 Documents supporting, # 3 Documents
supporting)(Wasser, Mark) (Entered: 11/13/2008)
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in SUPPORT of 253
MOTION for SUMMARY JUDGMENT and/or Summary Adjudication on all Claims
in the Second Amended Complaint. (Wasser, Mark) (Entered: 11/13/2008)
11/13/2008 263 MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION by David F.
Jadwin. Motion Hearing set for 1/12/2009 at 10:00 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. (Lee, Eugene) (Entered: 11/13/2008)
11/13/2008 264 STATEMENT of Undisputed Material Facts by Plaintiff David F. Jadwin re 263
MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee,
11/13/2008 265 DECLARATION of David F. Jadwin in IN SUPPORT OF 263 MOTION for
SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered:
11/14/2008)
11/14/2008 266 DECLARATION of Eugene Lee in IN SUPPORT OF 263 MOTION for SUMMARY
JUDGMENT OR PARTIAL ADJUDICATION. (Attachments: # 1 Declaration Part 2, #
2 Declaration of Eugene Lee (Part 3 of 3))(Lee, Eugene) (Entered: 11/14/2008)
11/14/2008 267 DECLARATION of Eugene Lee in SUPPLEMENTAL IN SUPPORT OF 263
MOTION for SUMMARY JUDGMENT OR PARTIAL ADJUDICATION.
(Attachments: # 1 Declaration of Eugene Lee - Supplemental (Part 2 of 2))(Lee,
11/14/2008 268 DECLARATION of Regina Levison in IN SUPPORT OF 263 MOTION for
11/14/2008)
25 of 36 8/3/2009 5:30 PM
11/14/2008 269 DECLARATION of Anthony Reading in IN SUPPORT OF 263 MOTION for

11/14/2008)
11/14/2008 270 DECLARATION of Paul Riskin in IN SUPPORT OF 263 MOTION for SUMMARY
JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 11/14/2008)
11/14/2008 271 DECLARATION of Stephanie Rizzardi in IN SUPPORT OF 263 MOTION for
11/14/2008)
11/14/2008 272 NOTICE OF CORRECTED FILING by David F. Jadwin re 263 MOTION for
SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Attachments: # 1
Statement OF UNDISPUTED FACTS IN SUPPORT OF CORRECTED MOTION
FOR PARTIAL OR FULL SUMMARY JUDGMENT, # 2 Declaration -
SUPPLEMENTAL DECLARATION OF DAVID JADWIN IN SUPPORT OF
CORRECTED MOTION FOR PARTIAL OR FULL SUMMARY JUDGMENT)(Lee,
11/24/2008 273 REQUEST for Relief from Page Limitation on MSJ Opposition by David F. Jadwin.
12/01/2008 274 MINUTE ORDER: ***TEXT ONLY ENTRY*** The Court has granted plaintiff's
request 273 , to increase the page limit in his opposition brief not to exceed 35 pages.
(Timken, A) (Entered: 12/01/2008)
12/01/2008 275 OPPOSITION by David F. Jadwin to 253 MOTION for SUMMARY JUDGMENT
and/or Summary Adjudication on all Claims in the Second Amended Complaint. (Lee,
Ragland, William Roy, Toni Smith, Jennifer Abraham to 263 MOTION for
SUMMARY JUDGMENT OR PARTIAL ADJUDICATION. (Wasser, Mark) (Entered:
12/01/2008)
12/01/2008 277 DECLARATION of Eugene D. Lee in OPPOSITION TO 253 MOTION for
Amended Complaint. (Attachments: # 1 Declaration of Eugene Lee in Opposition to
MSJ (Pt 2 of 5), # 2 Declaration of Eugene Lee in Opposition to MSJ (Pt 3 of 5), # 3
Declaration of Eugene Lee in Opposition to MSJ (Pt 4 of 5), # 4 Declaration of
Eugene Lee in Opposition to MSJ (Pt 5 of 5))(Lee, Eugene) (Entered: 12/01/2008)
12/01/2008 278 REPLY/RESPONSE to Plaintiff's Statement of Undisputed Facts in Opposition to
Plaintiff's Motion for Summary Judgment and/or Summary Adjudication by Peter
Toni Smith, Jennifer Abraham re 263 MOTION for SUMMARY JUDGMENT OR
PARTIAL ADJUDICATION, 264 Statement - R. (Attachments: # 1 Attachment to
Defendants' Response to Plaintiff's Statement of Undisputed Facts)(Wasser, Mark)
(Entered: 12/01/2008)
12/01/2008 279 DECLARATION of Lawrence Weiss, M.D. in OPPOSITION TO 253 MOTION for
Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008)
26 of 36 8/3/2009 5:30 PM
12/01/2008 280 REQUEST for JUDICIAL NOTICE by Peter Bryan, Irwin Harris, Eugene Kercher,
County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in re 253
Motion for Summary Judgment,. (Wasser, Mark) (Entered: 12/01/2008)
12/01/2008 281 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Peter Bryan, Irwin
Jennifer Abraham: Deposition Transcripts Lodged with court pursuant to 5-133(j).
12/01/2008 282 STATEMENT of Material Facts in Response to Motion for Summary Judgment by
Plaintiff David F. Jadwin re 253 MOTION for SUMMARY JUDGMENT and/or
Summary Adjudication on all Claims in the Second Amended Complaint. (Lee,
12/01/2008 283 OBJECTIONS by Plaintiff David F. Jadwin to 253 MOTION for SUMMARY
Complaint. OBJECTIONS TO EVIDENCE (Lee, Eugene) (Entered: 12/01/2008)
12/01/2008 284 DECLARATION of David F. Jadwin in OPPOSITION TO 253 MOTION for
Amended Complaint. (Lee, Eugene) (Entered: 12/01/2008)
12/01/2008 285 NOTICE OF FILING / LODGING DOCUMENT IN PAPER AMENDED by Peter
Toni Smith, Jennifer Abraham: Entire Deposition Transcripts Lodged with court
pursuant to 5-133(j). (Wasser, Mark) (Entered: 12/01/2008)
12/02/2008 286 CLERK'S NOTICE addressed to counsel re documents filed in support of, and/or
opposition to, Motion for Summary Judgment, documents 276 277 278 279 280 282
283 284 : PLEASE NOTE - Counsel are reminded of Local Rule 5-133(f) which
requires that when any document which has been electronically filed exceeds 25
pages, counsel must submit a courtesy copy to chambers which is properly tabbed and
fastened. (TEXT ENTRY ONLY) (Rooney, M) (Entered: 12/02/2008)
12/03/2008 287 Receipt of Amended Lodged Documents re 285 Notice of Filing / Lodging Document
in Paper. (Sondheim, M) (Entered: 12/03/2008)
12/08/2008 288 REPLY by David F. Jadwin to RESPONSE to 263 MOTION for SUMMARY
JUDGMENT OR PARTIAL ADJUDICATION. (Lee, Eugene) (Entered: 12/08/2008)
12/08/2008 289 REQUEST for JUDICIAL NOTICE by David F. Jadwin in re 263 Motion for Summary
Judgment. (Lee, Eugene) (Entered: 12/08/2008)
12/08/2008 290 REQUEST for JUDICIAL NOTICE by Peter Bryan, Irwin Harris, Eugene Kercher,
County of Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham in re 275
Opposition to Motion. (Wasser, Mark) (Entered: 12/08/2008)
12/08/2008 291 REPLY/RESPONSE to Plaintiff's Opposition to Defendants' Motion for Summary
Judgment by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham re 275 Opposition to Motion.
12/08/2008 292 DECLARATION of Mark A. Wasser In Support of Defendants' Memorandum In
Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment.
27 of 36 8/3/2009 5:30 PM
12/26/2008 293 OPPOSITION by David F. Jadwin to 250 MOTION for JUDGMENT on the
Pleadings. (Attachments: # 1 Declaration In Opposition to Defendants' Motion for
Judgment on Pleadings)(Lee, Eugene) (Entered: 12/26/2008)
12/29/2008 294 ***TEXT ONLY ENTRY*** CLERK'S NOTICE addressed to Attorney Lee in re
Opposition to Motion for Judgment, document 293 : Counsel is reminded of Local
Rule 5-133(f) which requires that when any document which has been electronically
filed exceeds 25 pages, counsel must submit a courtesy copy to chambers which is
properly tabbed and fastened. (Rooney, M) (Entered: 12/29/2008)
12/31/2008 295 REPLY by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham to RESPONSE to 250 MOTION
for JUDGMENT on the Pleadings. (Wasser, Mark) (Entered: 12/31/2008)
01/06/2009 296 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to the length and complexity of
the pending motions, it is necessary for the court to continue the motions hearing
currently set for 1/12/2009 to 2/2/2009 at 10:00 AM in Courtroom 3 (OWW) before
Judge Oliver W. Wanger. (Timken, A) (Entered: 01/06/2009)
01/26/2009 297 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to the length and complexity of
the pending motions, it is necessary for the court to continue the motions hearing
currently set for 2/2/2009 to 2/11/2009 at 12:00 PM in Courtroom 3 (OWW) before
Judge Oliver W. Wanger. The Pretrial Conference currently set for 2/9/2009 has been
continued to 2/23/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W.
01/28/2009 298 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to a conflict with defense
counsel's schedule, the Pretrial Conference currently set for 2/23/2009 has been
advanced to 2/19/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W.
01/30/2009 299 REQUEST for Extension of Time To File Joint Pretrial Statement by Irwin Harris,
02/02/2009 300 Joint Request for Extension of Time to File Joint Pretrial Statement/ ORDER, signed
by Judge Oliver W. Wanger on 02/02/2009. (Martin, S) (Entered: 02/03/2009)
HEARING re Motions for Summary Judgment held on 2/11/2009. The matters were
argued and submitted. The Court to issue decision. The pretrial conference currently
set for 2/19/2009 is vacated, to be reset upon the ruling on the motions. Plaintiffs
Counsel E. Lee present. Defendants Counsel M. Wasser present. Court Reporter/CD
Number: ECRO. (Timken, A) (Entered: 02/11/2009)
02/17/2009 302 ORDER of Recusal; Order Directing Reassignment signed by Magistrate Judge
Theresa A. Goldner on 2/15/2009. (Leon-Guerrero, A) (Entered: 02/17/2009)
02/24/2009 303 CLERK'S NOTICE (text only): This case has been assigned to U.S. Magistrate Judge
Dennis L. Beck; the new case number is 1:07-cv-26 OWW-DLB. (Flores, E) (Entered:
02/24/2009)
03/02/2009 304 ORDER re Cal. Health & Safety Code 1278.5 Claims signed by Judge Oliver W.
Wanger on 3/2/2009. (Timken, A) (Entered: 03/02/2009)
28 of 36 8/3/2009 5:30 PM
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. In Response to the
Court's March 2, 2009 Order for Supplemental Briefing Re Plaintiff's Cal. Health &
Safety Code Section 1278.5 Claims (Wasser, Mark) (Entered: 03/09/2009)
03/09/2009 306 MEMORANDUM by David F. Jadwin in PURSUANT TO re 304 Order. Supplemental
Brief re H&S 1278.5 in Opposition to Motion for Summary Judgment (Attachments: #
1 Declaration of Eugene Lee in Support)(Lee, Eugene) (Entered: 03/09/2009)
03/17/2009 307 MINUTE ORDER: ***TEXT ONLY ENTRY*** A Scheduling Conference to revise
the trial schedule has been set for 3/18/2009 at 09:00 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. (Timken, A) (Entered: 03/17/2009)
TELEPHONIC SCHEDULING CONFERENCE held on 3/18/2009. The 3/24/2009
trial is vacated. The revised trial schedule is as follows: Joint pretrial statement due by
4:00 PM 4/10/2009. Pretrial Conference set for 4/13/2009 at 11:00 AM in Courtroom
3 (OWW) before Judge Oliver W. Wanger. Jury Trial set for 5/12/2009 at 09:00 AM
in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Counsel to prepare order.
Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 03/18/2009)
03/19/2009 309 PROPOSED ORDER Revised Scheduling Order re 307 Status Conference, Set/Reset
Deadlines and Trial Date by David F. Jadwin. (Lee, Eugene) (Entered: 03/19/2009)
04/03/2009 310 MEMORANDUM, DECISION and ORDER re Defendants' Motion for Judgment on
the Pleadings, signed by Judge Oliver W. Wanger on 4/3/09. (Gil-Garcia, A) (Entered:
04/03/2009)
04/08/2009 311 Memorandum Decision and Order Re: Cross-motions For Summary Judgment Or, In
the Alternative, Partial Summary Judgment, signed by Judge Oliver W. Wanger on
4/08/09. (Coffman, Lisa) (Entered: 04/08/2009)
04/08/2009 312 MINUTE ORDER: ***TEXT ONLY ENTRY*** Pursuant to the request of counsel,
the Pretrial Conference currently set for 4/13/2009 has been continued to 4/20/2009 at
11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The joint pretrial
statement is due by 4:00 PM 4/17/2009. (Timken, A) (Entered: 04/08/2009)
04/09/2009 313 REVISED SHEDULING ORDER, signed by Judge Oliver W. Wanger on 4/8/09.
(Gil-Garcia, A) (Entered: 04/09/2009)
04/17/2009 314 PLAINTIFF(S) PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee, Eugene)
(Entered: 04/17/2009)
04/17/2009 315 DEFENDANT(S) PRETRIAL STATEMENT by Defendants Peter Bryan, Irwin
Jennifer Abraham. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Witness
List)(Wasser, Mark) (Entered: 04/17/2009)
PRETRIAL CONFERENCE held on 4/20/2009. Proposed questionnaires, if any, due
by 5/8/2008, to be reviewed at-the-time of the motions in limine hearing. The Court to
issue order. Plaintiffs Counsel E. Lee present. Defendants Counsel M. Wasser present.
29 of 36 8/3/2009 5:30 PM
04/22/2009 317 ORDER re Dispute Over Adjudicated Facts signed by Judge Oliver W. Wanger on
4/22/2009. (Timken, A) (Entered: 04/22/2009)
04/22/2009 318 SUPPLEMENTAL PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee,
04/23/2009 319 RULES OF COURTROOM DECORUM (Timken, A) (Entered: 04/23/2009)
04/23/2009 320 SUPPLEMENT by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham re 315 Pretrial Statement - ATY,
314 Pretrial Statement - ATY, 318 Pretrial Statement - ATY. Joint Lists of Witnesses
and Trial Exhibits (Wasser, Mark) (Entered: 04/23/2009)
04/28/2009 321 ORDER re dispute over pretrial statements signed by Judge Oliver W. Wanger on
4/28/2009. (Timken, A) (Entered: 04/28/2009)
04/29/2009 322 JOINT PRETRIAL STATEMENT by Plaintiff David F. Jadwin.(Lee, Eugene)
(Entered: 04/29/2009)
05/01/2009 323 MOTION IN LIMINE by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern,
Scott Ragland, William Roy, Toni Smith, Jennifer Abraham. Motion Hearing set for
5/8/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.
05/01/2009 324 MOTION IN LIMINE 1-17 PLAINTIFF'S by David F. Jadwin. Motion Hearing set for
5/8/2009 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lee,
05/04/2009 325 TRIAL BRIEF by David F. Jadwin.(Lee, Eugene) (Entered: 05/04/2009)
05/04/2009 326 TRIAL BRIEF by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark) (Entered:
05/04/2009)
05/05/2009 327 PROPOSED VOIR DIRE by David F. Jadwin.(Lee, Eugene) (Entered: 05/05/2009)
05/06/2009 328 FINAL PRETRIAL ORDER signed by Judge Oliver W. Wanger on 5/5/2009.
(Lundstrom, T) (Entered: 05/06/2009)
Ragland, William Roy, Toni Smith, Jennifer Abraham to 324 MOTION IN LIMINE
1-17 PLAINTIFF'S. (Wasser, Mark) (Entered: 05/06/2009)
05/06/2009 330 OPPOSITION by David F. Jadwin to 323 MOTION IN LIMINE. (Attachments: # 1
Declaration of Eugene Lee in Support)(Lee, Eugene) (Entered: 05/06/2009)
05/07/2009 331 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the Court is currently in trial that
will be going into next week, the Jury Trial in this matter currently set to begin
5/12/2009 will be trailing this Courts current trial. This matter's jury trial is now
expected to begin 5/14/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver
W. Wanger. (Timken, A) (Entered: 05/07/2009)
05/07/2009 332 NOTICE OF FILING / LODGING DOCUMENT IN PAPER by David F. Jadwin:
Deposition Transcripts / Responses to Written Discovery Lodge with court pursuant to
L.R. 5-133. (Lee, Eugene) (Entered: 05/07/2009)
30 of 36 8/3/2009 5:30 PM
05/07/2009 ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts/Responses to

Written Discovery from Eugene Lee re 332 , Case number: 1:07-cv-00026-
OWW-DLB. Forwarded to OWW Chambers. (Gil-Garcia, A) (Entered: 05/07/2009)
05/08/2009 333 NOTICE of APPEARANCE by Eugene David Lee on behalf of David F. Jadwin.
05/08/2009 334 MINUTE ORDER: ***TEXT ONLY ENTRY*** As the trail currently before Judge
Wanger is now expected to conclude 5/12/2009, the Jury Trial in the case will begin
5/13/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.
HEARING re Motions in Limine held on 5/8/2009. Motions argued and submitted.
Each party to prepare their own order. Plaintiff to notice defendant of any video
deposition and tracking no less than 5 days prior to the witness being called. Per both
party's request, the Jury Trial has been reset to 5/14/2009 at 09:00 AM in Courtroom 3
(OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington
present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: ECRO.
05/08/2009 336 WITNESS LIST by David F. Jadwin.(Lee, Eugene) (Entered: 05/08/2009)
05/08/2009 337 NOTICE PLAINTIFF'S LIST OF DISCOVERY DOCUMENTS by David F. Jadwin.
05/10/2009 338 WITNESS LIST by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
05/10/2009)
05/10/2009 339 EXHIBIT LIST by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott
05/10/2009)
05/10/2009 340 TRIAL EXHIBIT JOINT by David F. Jadwin.(Lee, Eugene) (Entered: 05/10/2009)
05/10/2009 341 PROPOSED VOIR DIRE by David F. Jadwin.(Lee, Eugene) (Entered: 05/10/2009)
05/10/2009 342 STATEMENT of Case - Plaintiff's Proposed Neutral Joint Statement by Plaintiff David
F. Jadwin. (Lee, Eugene) (Entered: 05/10/2009)
05/11/2009 343 PROPOSED VOIR DIRE by Peter Bryan, Irwin Harris, Eugene Kercher, County of
Kern, Scott Ragland, William Roy, Toni Smith, Jennifer Abraham.(Wasser, Mark)
(Entered: 05/11/2009)
05/11/2009 344 STATEMENT of Defendant's Proposed Agreed Statement by Defendants Peter Bryan,
Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland, William Roy, Toni
Smith. (Wasser, Mark) (Entered: 05/11/2009)
05/11/2009 345 STATEMENT of Case - Plaintiff's Proposed Neutral Joint Statement *Corrected* by
Plaintiff David F. Jadwin. (Lee, Eugene) (Entered: 05/11/2009)
05/11/2009 346 PROPOSED ORDER on Defendant's Motions in Limine re 323 MOTION IN LIMINE
by Peter Bryan, Irwin Harris, Eugene Kercher, County of Kern, Scott Ragland,
William Roy, Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 05/11/2009)
31 of 36 8/3/2009 5:30 PM
05/11/2009 347 PROPOSED ORDER re 323 MOTION IN LIMINE. (Lee, Eugene) (Entered:
05/11/2009)
05/11/2009 348 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Lee, Eugene) (Entered:
05/11/2009)
05/12/2009 349 NOTICE of Witnesses to be Called and Associated Exhibits by David F. Jadwin. (Lee,
05/12/2009 350 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David
05/13/2009 351 ORDER signed by Judge Judge Oliver W. Wanger on 5/12/2009 re 323 , 324 Motions
in Limine. (Lundstrom, T) (Entered: 05/13/2009)
05/13/2009 352 REQUEST for Accommodation by David F. Jadwin. (Herrington, Joan) (Entered:
05/13/2009)
05/13/2009 353 PROPOSED ORDER Proposed Order on Plaintiff's Consolidated Motions in Limine.
(Herrington, Joan) (Entered: 05/13/2009)
05/14/2009 354 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: JURY
TRIAL held on 5/14/2009. Trial issues discussed and resolved. Witness issues
discussed and resolved. Jury selected and sworn. The Court pre-instructs the jury.
Both parties gave opening statement. Jury Trial continued to 5/15/2009 at 08:30 AM in
Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J.
Herrington present. Defendants Counsel M. Wasser present. Court Reporter/CD
Number: K. Lopez/ECRO. (Timken, A) (Entered: 05/15/2009)
05/14/2009 355 ORDER ON PLAINTIFF'S Consolidated Motions In Limine Nos. 1-18, Signed by
Judge Oliver W. Wanger on 5/14/2009. (Arellano, S.) (Entered: 05/15/2009)
TRIAL day 2 held on 5/15/2009. Albert McBride and Irwin Harris sworn & testified.
Exhibits 184, 185, 182, 293, 187, 317, 191, 246, 225, 212, 254, 278 admitted. Jury
Trial continued to 5/19/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge
Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants
Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A)
(Entered: 05/18/2009)
TRIAL day 3 held on 5/19/2009. Evidence matter re video deposition argued. Dr.
Harris continued testimony. Peter Bryan sworn and testified. Exhibits 336, 334, 245,
283, 115, 186, 232, 276, 277, 198, 209, 213, 235, 241, 244, 242, and 246 admitted.
Jury Trial continued to 5/20/2009 at 08:30 AM in Courtroom 3 (OWW) before Judge
(Entered: 05/20/2009)
32 of 36 8/3/2009 5:30 PM

TRIAL day 4 held on 5/20/2009. Steve O'Connor sworn & testified. Peter Bryan
resumed testimony. Renita Nunn sworn & testified. Exhibits 230, 251, 249, 250, 256,
260, 268, 267, 263, 145, 146, 149, 155 admitted. Jury Trial continued to 5/21/2009 at
08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel
E. Lee, J. Herrington present. Defendants Counsel M. Wasser present. Court
Reporter/CD Number: K. Lopez/ECRO. (Timken, A) (Entered: 05/21/2009)
TRIAL day 5 held on 5/21/2009. Eugene Kercher Antoinette Smith, Karen Barnes, Tai
Yoo, Barbara Patrick, Raymond Watson sworn & testified. Exhibits 154, 162.11,
162.22, 162.41, 247, 166, 170, 237, 190, 208, 206, 217, 104, 120, 139, 204, 279
admitted. Jury Trial continued to 5/22/2009 at 08:30 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present.
Defendants Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez.
TRIAL day 6 held on 5/22/2009. Karen Barnes continues testimony. Phillip Dutt and
Dennis Arquette sworn & testified. Portions of the deposition of Jennifer Abraham
read. Exhibits 280, 281, 282, 152, 315, 163.001 and 163.013 admitted. Jury Trial
Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M.
Wasser present. Court Reporter/CD Number: K. Lopez/G. Thomas. (Timken, A)
(Entered: 05/22/2009)
05/26/2009 366 REQUEST for Accommodation by David F. Jadwin. (Herrington, Joan) (Entered:
05/26/2009)
TRIAL day 7 held on 5/27/2009. Evidence matters discussed. Dennis Arquette
continued testimony. David Culberson, Yolanda Figueroa, David Jadwin and Anthony
Reading sworn and testified. Portions of the depositions of Javad Naderi, Tracy
Lindsey, Arlene Ramos-Aninion, Maureen Martin read into the record. Exhibits 314,
324, 111, 265.003-265.010 (limited purpose), 101, 240, 175.001-175.002 admitted.
(Entered: 05/28/2009)
TRIAL day 8 held on 5/28/2009. Lawrence Weiss, Regina Levison, Stephanie
33 of 36 8/3/2009 5:30 PM
Rizzardi, Penny Jadwin, Gian Yakoub and Paul Hensler sworn & testified. David
Jadwin resumes testimony. Exhibits 176, 307, 160, 159.001, 159.006, 148, 143
redacted) admitted. Jury Trial continued to 5/29/2009 at 08:30 AM in Courtroom 3
(OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington
present. Defendants Counsel M. Wasser present. Court Reporter/CD Number: K.
Lopez/ECRO. (Timken, A) (Entered: 05/29/2009)
05/29/2009 369 REQUEST for Judicial Notice by David F. Jadwin. (Herrington, Joan) (Entered:
05/29/2009)
TRIAL day 9 held on 5/29/2009. Alan Scott Ragland sworn & testified. Philip Dutt
and Peter Bryan recalled. Exhibits 153.001, 153.019, 147, 540, 515, 575, 576, 577,
578, 579, 580, 581, 583, 589, 588, 595, and 587 (as 318) admitted. Jury Trial
Wanger. Plaintiffs Counsel E. Lee, J. Herrington present. Defendants Counsel M.
Wasser present. Court Reporter/CD Number: K. Lopez/G. Thomas/ECRO. (Timken,
A) (Entered: 06/01/2009)
05/31/2009 371 WITNESS LIST by County of Kern.(Wasser, Mark) (Entered: 05/31/2009)
06/01/2009 375 CLERK'S NOTICE to Joan Herrington re 369 Request: For future filings, when
submitting a Request for Judicial Notice, please use the specific event Request for
Judicial Notice which may be found in the Motion Related Documents Category. Do
not use the generic Request event when a more specific event is available. (Hellings, J)
(Entered: 06/01/2009)
06/02/2009 376 MOTION IN LIMINE No. 19-25 by David F. Jadwin. Motion Hearing set for 6/2/2009
at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Herrington,
Joan) (Entered: 06/02/2009)
06/02/2009 377 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Herrington, Joan) (Entered:
06/02/2009)
06/02/2009 378 PROPOSED JURY INSTRUCTIONS by David F. Jadwin.(Herrington, Joan) (Entered:
06/02/2009)
TRIAL day 10 held on 6/2/2009. Jennifer Abraham, Sandra Chester and Robert
Burchuck sworn and testified. Renita Nunn and Karen Barnes recalled. Exhibits 219,
157.001 and 157.052 admitted. Jury Trial continued to 6/3/2009 at 08:30 AM in
Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J.
TRIAL day 11 held on 6/3/2009. Karen Barnes resumes testimony. Thomas McAfee
sworn and testified. David Jadwin recalled. Exhibits 335, 138, 509, 146.32, 512, 517,
156, 520, 519, 521, 523, 524, 531, 532, 527, 541, 545, 549, 546, 553, 555 admitted.
34 of 36 8/3/2009 5:30 PM

(Entered: 06/04/2009)
TRIAL day 12 held on 6/4/2009. Jury instruction conference held on the record.
Corrections, modifications, objections, deletions, and additions put on the record.
Exhibits 539, 569 and 403 admitted. Plaintiff puts on rebuttal case. Portions of the
depositions of Philip Dutt read. David Jadwin recalled. Both parties rest. The jury was
instructed. Both parties give closing arguments. The jury was excused for the evening
to begin deliberations 6/5/2009 at 08:00 AM. Both parties stipulate to having the Court
decide the issues relating to CFRA leave and equities and the Due Process claim.
Exhibits 405, 406, 407, 409, 411-429, 432 and 379 admitted for the bench trial only.
Counsel's rule 50 motions are set for 6/5/2009 at 09:30 AM in Courtroom 3 (OWW)
before Judge Oliver W. Wanger. Plaintiffs Counsel E. Lee, J. Herrington present.
Defendants Counsel M. Wasser present. Court Reporter/CD Number: K.
Lopez/ECRO. (Timken, A) (Entered: 06/05/2009)
TRIAL completed on 6/5/2009. Plaintiff's and defendant's rule 50 motions argued and
submitted. The Court gives oral ruling with findings of fact and conclusions of law.
The Court instructs the parties to submit closing briefs with legal positions, proposed
findings of fact and conclusions of law on the due process claim and FMLA/FEHA
claims re the bench trial no later than 4:00 PM 6/19/2009, at which time the matter
will be deemed submitted. Jury question discussed and resolved. The jury returns a
verdict for the plaintiff. The jury was polled, thanked and excused. The Court orders
partial judgment for the plaintiff to be entered. The parties stipulate to returning the
exhibits to counsel upon conclusion of the bench trial. Plaintiffs Counsel E. Lee, J.
06/08/2009 382 JURY NOTE as to Exhibits.(Hellings, J) (Entered: 06/08/2009)
06/08/2009 383 JURY NOTE(Hellings, J) (Entered: 06/08/2009)
06/08/2009 384 JURY VERDICT(Hellings, J) (Entered: 06/08/2009)
06/09/2009 386 JURY INSTRUCTIONS (Timken, A) (Entered: 06/09/2009)
06/09/2009 387 WITNESS and EXHIBIT LIST.(Timken, A) (Entered: 06/09/2009)
06/17/2009 388 REQUEST for Clarification by David F. Jadwin. (Lee, Eugene) (Entered: 06/17/2009)
06/18/2009 389 Partial JUDGMENT on verdicts of Jury Trial signed by Judge Oliver W. Wanger on
6/18/2009. (Kusamura, W) (Entered: 06/18/2009)
06/19/2009 390 TRIAL BRIEF by David F. Jadwin.(Herrington, Joan) (Entered: 06/19/2009)
06/19/2009 391 TRIAL BRIEF by County of Kern.(Wasser, Mark) (Entered: 06/19/2009)
06/29/2009 392 BILL of COSTS SUBMITTED by David F. Jadwin. (Attachments: # 1 Declaration OF
EUGENE LEE IN SUPPORT OF PLAINTIFF'S BILL OF COSTS, # 2 Exhibit A to
Declaration of Eugene Lee, # 3 Exhibit Exhibit B of Declaration of Eugene Lee (Part
1), # 4 Exhibit Exhibit B of Declaration of Eugene Lee (Part 2), # 5 Declaration of
David F. Jadwin, D.O., in support of Plaintiff's Bill of Costs)(Lee, Eugene) (Entered:
06/29/2009)
35 of 36 8/3/2009 5:30 PM
06/30/2009 393 MINUTE ORDER: ***TEXT ONLY ENTRY*** NOTICE TO COUNSEL re

Document 392 : Counsel are reminded of Local Rule 5-133(f) that when any
document which has been electronically filed exceeds 25 pages, counsel must also
submit a courtesy paper copy to chambers which is properly labeled, tabbed and
fastened. (Timken, A) (Entered: 06/30/2009)
07/14/2009 394 OBJECTIONS by Defendant County of Kern to 392 Bill of Costs Submitted,. (Wasser,
07/23/2009 395 REPLY/RESPONSE to Defendant's Objections to Plaintiff's Bill of Costs by David F.
Jadwin re 394 Objections. (Lee, Eugene) (Entered: 07/23/2009)
07/29/2009 396 ORDER GRANTING Plaintiff's 376 Motions in Limine 1-17 signed by Judge Oliver
W. Wanger on 5/19/2009. (Sant Agata, S) (Entered: 07/29/2009)
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U.S. District Court

Jadwin v. County of Kern, et al. Date Filed: 01/06/2007

Date Filed # Docket Text

Eugene) (Entered: 07/16/2007)

10/12/2007 55 DECLARATION of Mark A. Wasser in Opposition To re 48 MOTION to COMPEL

01/31/2008 91 DECLARATION of Eugene D. Lee in re SUPPLEMENTAL DECLARATION re

DEPOSITION; PROTECTIVE ORDER; SANCTIONS. (Attachments: # 1 Exhibit A, #

Toni Smith, Jennifer Abraham. (Wasser, Mark) (Entered: 06/02/2008)

Magistrate Judge Theresa A. Goldner. (Lee, Eugene) (Entered: 06/11/2008)

Herrington appearing telephonically. Defendants' Counsel M. Wasser appearing

file proposed order by 10/3/2008. Plaintiffs Counsel E. Lee present. Defendants

SUMMARY JUDGMENT and/or Summary Adjudication on all Claims in the Second

11/14/2008 269 DECLARATION of Anthony Reading in IN SUPPORT OF 263 MOTION for

05/07/2009 ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts/Responses to

05/20/2009 359 NOTICE OF WITNESSES TO BE CALLED AND ASSOCIATED EXHIBITS by David

Counsel M. Wasser present. Court Reporter/CD Number: K. Lopez. (Timken, A)

06/30/2009 393 MINUTE ORDER: TEXT ONLY ENTRY NOTICE TO COUNSEL re

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