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Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 1 of 9

1 LAW OFFICE OF EUGENE LEE


Eugene D. Lee (SB#: 236812)
2 555 West Fifth Street, Suite 3100
Los Angeles, CA 90013
3 Phone: (213) 992-3299
Fax: (213) 596-0487
4 email: elee@LOEL.com
5 Attorneys for Plaintiff
DAVID F. JADWIN, D.O.
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10 FRESNO DIVISION
11 DAVID F. JADWIN, D.O., Civil Action No. 1:07-cv-00026 OWW TAG
12 Plaintiff, NOTICE OF FILING PROOF OF SERVICE
OF THE SUMMONS AND COMPLAINT
13 v.
14 COUNTY OF KERN; PETER BRYAN (both
individually and in his former official
15 capacity as Chief Executive Officer Of Kern
Medical Center); IRWIN HARRIS, M.D;
16 EUGENE KERCHER, M.D. (both
individually and in his official capacity as a
17 President of Medical Staff of Kern Medical
Center); JENNIFER ABRAHAM, M.D. (both
18 individually and in her official capacity as
Immediate Past President of Medical Staff at
19 Kern Medical Center); SCOTT RAGLAND,
M.D. (both individually and in his official
20 capacity as President-Elect of Medical Staff
of Kern Medical Center); TONI SMITH,
21 (both individually and in her official capacity
as Chief Nurse Executive of Kern Medical
22 Center); WILLIAM ROY, M.D.; and DOES 1
through 10, inclusive.
23
Defendants.
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25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

26 Please take notice that Plaintiff DAVID F. JADWIN, D.O. is hereby filing his Notice of Filing of

27 Proof of Service of Summons and Complaint on Defendants COUNTY OF KERN and Mr. PETER

28 BRYAN in this action.

NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 1


Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 2 of 9

1 RESPECTFULLY SUBMITTED on April 16, 2007.


2 /s/ Eugene D. Lee
LAW OFFICE OF EUGENE LEE
3 555 West Fifth Street, Suite 3100
Los Angeles, CA 90013
4 Phone: (213) 992-3299
Fax: (213) 596-0487
5 email: elee@LOEL.com
Attorney for Plaintiff DAVID F. JADWIN, D.O.
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NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 2


Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 3 of 9
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Eugene D. Lee (SBN 236812)
Law Office of Eugene Lee To keep other people from
555 W 5th St Ste 3100 seeing what you entered on
Los Angeles, CA 90013 your form, please press the
TELEPHONE NO.: 213-992-3299 FAX NO. (Optional): 213-596-0487 Clear This Form button at the
E–MAIL ADDRESS (Optional): elee@LOEL.com end of the form when finished.
ATTORNEY FOR (Name): Plaintiff DAVID F. JADWIN, DO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF US District Court - EDCA
XXXXXXXXXXXXXXXXXXXXXXXXXXX
STREET ADDRESS: 2500 Tulare St
MAILING ADDRESS:

CITY AND ZIP CODE: Fresno 93721


BRANCH NAME: Eastern District of California
PLAINTIFF/PETITIONER: DAVID F. JADWIN, DO CASE NUMBER:

1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.
Ref. No. or File No.:

PROOF OF SERVICE OF SUMMONS 100011.001


(Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of:
a. ✔ summons
b. ✔ complaint
c. Alternative Dispute Resolution (ADR) package
d. Civil Case Cover Sheet (served in complex cases only)
e. cross-complaint
f. ✔ other (specify documents): See Attachment 2.f.
3. a. Party served (specify name of party as shown on documents served):
PETER K. BRYAN
b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

4. Address where the party was served:


6424 S. Abilene St., Englewood, CO 80111-2428
5. I served the party (check proper box)
a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date): (2) at (time):
b. by substituted service. On (date): at (time): I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):

(1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.

(2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
(4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on
(date): from (city): or a declaration of mailing is attached.
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2

Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10


Judicial Council of California
PROOF OF SERVICE OF SUMMONS American LegalNet, Inc.
POS-010 [Rev. January 1, 2007] www.FormsWorkflow.com
Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 4 of 9
PLAINTIFF/PETITIONER: DAVID F. JADWIN, DO CASE NUMBER:

1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.

5. c. ✔ by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,

(1) on (date): March 8, 2007 (2) from (city): Los Angeles, CA


(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
(4) ✔ to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. by other means (specify means of service and authorizing code section):

Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. ✔ as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify):
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: Eugene D. Lee
b. Address: 555 W 5th St Ste 3100 Los Angeles CA 90013
c. Telephone number: 213-992-3299
d. The fee for service was: $ 0
e. I am:
(1) ✔ not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) a registered California process server:
(i) owner employee independent contractor.
(ii) Registration No.:
(iii) County:

8. ✔ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date: March 8, 2007

Eugene D. Lee
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE )

POS-010 [Rev. January 1, 2007] Page 2 of 2


PROOF OF SERVICE OF SUMMONS
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MC-025
SHORT TITLE: JADWIN v. COUNTY OF KERN et al. CASE NUMBER:

1:07-cv-26-oww-tag

ATTACHMENT (Number): 2.f. Page 1 of 1


1
(This Attachment may be used with any Judicial Council form.) (Add pages as required)
2 SUMMONS, COMPLAINT, FIRST AMENDED COMPLAINT & EXHIBITS, ORDER SETTING
3
MANDATORY SCHEDULING CONFERENCE, STANDING ORDER IN ALL CIVIL CASES
ASSIGNED TO JUDGE WANGER, STANDING ORDER IN ALL CIVIL CASES ASSIGNED TO
4 MAGISTRATE JUDGE O'NEILL, DECLINATION OF JURISDICTION OF US MAGISTRATE
JUDGE,VOLUNTARY DISPUTE RESOLUTION PROGRAM FORMS,
Short Title: Docket No. DECLINATION FORM.
5

6 NOTICE OF APPEARANCE

Appearance for (provide name of party):


7
Status of Party:
8 ( ) Appellant/Petitioner ( ) Cross-Appellee/Cross Respondent
( ) Appellee/Respondent ( ) Intervenor
( ) Cross-Appellant/Cross-Petitioner ( ) Amicus Curiae
9 ( ) Other (Specify):
( ) An attorney will argue this appeal.
<
10 Name of attorney who will argue appeal, if other than counsel of record:
< Date of arguing attorney’s admission to this Court (month, day, year):
<
11 Other Federal/State Bar admissions: (month, day, year):

( ) I am a pro se litigant who is not an attorney.


12 ( ) I am an incarcerated pro se litigant.
TIME REQUEST
13 ( ) Oral argument is not desired.
( ) Oral argument is desired. Party requests minutes or multi-co-parties
request a total of minutes to be apportioned as follows:
14
If more than 20 minutes per side is requested, set forth reasons:
15
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
16
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
which appears on the scheduling order.
17
( ) I know of no dates which would be inconvenient.
( ) I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
18 included religious holidays.

19
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
20 UNAVAILABILITY.

21 RELATED CASES

( ) This case has not been before this Court previously.


22 ( ) This case has been before this Court previously. The short title, docket number and citation are:

23 ( ) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:

24
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
25 the appeal, if different:

26 Type or Print Name Type or Print Name


Name of Firm:
27 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under
Address:
penalty of perjury.)
Telephone: Date: Telephone: Date:
Form Approved for Optional Use ATTACHMENT Cal. Rules of Court, rule 982
Judicial Council of California July 2000 to Judicial Councilplease
Form press the Clear American LegalNet, Inc. www.USCourtForms.com
MC-025 [New July 1, 2002]
For your protection and privacy,
Print This Form This Form button after you have printed the form. Clear This Form
Case 1:07-cv-00026-OWW-TAG

• Comple
Document 21

item 4 i1 "tl:;UlvLt:lU LJt:lIIYt:lIY I:; U=lIt:1U.


address on the reverse
• Print your name and address
so that we can return the card to you.
• Attach this card to to the back
back of the mailplece,
Filed 04/16/2007

-
Page 6 of 9

or on the front if space


space permits.
different from item 17 0 es
D. Is delivety address differentfrom
1. Article Addressed to:
If YES, enter delivery address below: ~ No

Peter K.
K. Bryan
6424 S Abilene St
St
Englewood, CO 80111-2428 3. Type
Type
lfIad Mall 0 Express Mall
[:J Reglstered for MerchandlS'
[:J Return Receipt for
[:J Insured Mail [:J C.O.D.
4. Restricted Delivery? (Extra
(Extra Fee) [:J Yes
[:J
2. Article Number
(Transfer from service label)
from service label)
7006 0810 0002 9161 7958
PS Form 3811, February 2004 Domestic Return Receipt 102595-0
FROM (MON)APR 92007 11:30/ST.ll:29/No.7500000309 P 3

Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 7 of 9

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
1:07CV000260WWLJO
JADWIN Plaintjff(s)

v. PROOF OF SERVICE
SUMMONS AND COMPLAINT
ABRAHAM Defendant(s) (Use separate proof of selVice for each penon/party served)

1. At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
a. 0 summons 00 complaint 0 alias summons 0 first ammended complaint
o second amended complaint
o third amended complaint
00
other (specify): Summons in a Civil Case; First Amended Complaint; Order Setting Mandatory Scheduling Conference;
Standing Order in all Civil Case Assigned to U.S. District JUdge Oliver W. Wanger; Standing Order in all Civil Case
Assigned to U.S. District Judge Lawrence J. O'Neill; VDR Form
2. Person served:
a. lID Defendant (name:) DENISE PENNELL, CLERK OF THE BOARD OF SUPERVISORS, KERN COUNTY
b. 0 Other (specify name and title or relationship to the party/business named):
c. lID Address where the papers were served:
1115 TRUXTON AVENUE
BAKERSFIELD, CA 93301
3. Manner of Service in compliance with (the appropriate box must be checked):
a. lID Federal Rules of Civil Procedure
b. 0 California Code of Civil Procedure
4. I served the person named in Item 2:
a. lID By Personal Service. By personally delivering copies. If the person is a minor, by leaving copies with a parent, guardian,
conservator or similar fiduciary and to the minor if at least twelve (12) years of age.
1. lID Papers were served on (date): 0311212007 at (time): 11:49 am
b. 0 By Substituted Service. By leaving copies:
1. 0 (home) at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a
competent member of the household, at least 18 years of age, who was informed of the general nature of the papers.
2. 0 (business) or a person apparently in charge of the office, or place of business, at least 18 years of age, who was informed
of the general nature of the papers.
3. 0 Papers were served on (date): at (time):
4. 0 by mailing (by first-class mail, postage prepaid) copies to the person served in Item 2(b) at the place where the copies were
left in Item 2(c).
5. 0 papers were mailed on (date):
6. 0 due diligence. I made at least three (3) attempts to personally serve the defendant.

PROOF OF SERVICE - SUMMONS ANO COMPLAINT


CV·1 (04/01) PAGE 1

CV·11LA23811D
FROM
(MON)APR 92007 11:31/ST.ll:29/No.7500000309 P 4

Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 8 of 9

c. 0 Mail and acknowledgment of service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served,
with two (2) copies of the form of Waiver of Service of Summons and Complaint and a return envelope, postage prepaid
addressed to the sender. (Attach completed Waiver of Service of summons and Complaint).

d. 0 Service on domestic corporation, unincorporated association (including partnership), or public entity. (F.R.Civ.P.4(h»
(C.C.P.416.10) By delivering, during usual business hours, a copy of the summons and complaint to an officer, a managing or
general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one
authorized by statute and the statute so requires, by also mailing, by first-class mail, postage prepaid, a copy to the defendant.

e. 0 Substituted service on domestic corporation, unincorporated association (including partnership), or public entity.
(C.C.P. 415.20 only) By leaving during usual business hours, a copy of the summons and complaint in the office of the person
served with the person who apparently was in charge and thereafter by mailing (by first-class mail, postage prepaid) copies of
the persons at the place where the copies were left in full complianc~ wnh C,C.P. 415.20 Substitute service upon the California
Secretary of State requires a court order. (AttaCh a copy of the order to this Proof of Service.)
f. 0 Service on a foreign corporation. In any manner prescribed for individuals by FRCP 4(f)

g. 0 Certified or registered mail service. By mailing to an address outside Califomia (by first-class mail, postage prepaid,
requiring a return receipt) copies to the person served. (Attach signed return receipt or other evidence of actual receipt by
the person served).

h. 0 Other (specify code section and type of service):


5. Service upon the United States, and Its Agencies, Corporations or Officers.

a. 0 by delivering a copy of the summons and complaint to the clerical employee designated by the U.S. Attorney authorized to
accept service, pursuant to the procedures for the Office of the U.S. Attorney for acceptance of service, or by sending a copy of
the summons and complaint by registered or certified mail addressed to the civil procecss clerk at the U.S. Attorneys Office.

Name of person served:


Title of person served:

Date and time of service: (date): at (time):


b. 0 By sending a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States at
Washington. D.C. (Attach signed return receipt or other evidence of actual receipt by the person served).
c. 0 By sending a copy of the summons and complaint by registered or certified mail to the officer, agency or corporation (Attach
signed return receipt or other evidence of actual receipt by the person served).

6. At the time of service I was at least 18 years of age and not a party to this action.

7. Person serving (name. address and telephone number): a. Fee for service: $ 75.00
Vincent J. Staley b. 0 Not a registered Califomia process server

JU Janney & Janney Attorney Service, Inc.


1545 Wilshire Blvd., Ste 311
Los Angeles, CA 90017
(213) 628-6338
c. 0 Exempt from registration under B&P 22350(b)
d. 00 Registered Califomia process server
Registration # :311

8. 0 I am a California sheriff, marshal, or constable and I certify that the foregoing is true and correct.

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

Date: March 15, 2007 Vincent J. Staley


Type or Print Server's Name

PROOF OF SERVICE· SUMMONS AND COMPLAINT


cv·, (04101) PAGE 2
LA238110
Case 1:07-cv-00026-OWW-TAG Document 21 Filed 04/16/2007 Page 9 of 9

1 CERTIFICATE OF SERVICE
2 I, the undersigned, hereby declare:
3 I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party
to the action described herein. I am employed in the County of Los Angeles, California. My business
4 address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA
90013. I served the following:
5
NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT
6
on the following parties in this action and/or their attorneys, who are not registered participants of the
7 CM/ECF System, addressed as follows:
8 Mark Wasser
Law Office of Mark Wasser
9 400 Capitol Mall Ste 1100
Sacramento, CA 95814
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BY UNITED STATES MAIL: I enclosed the document(s) listed above in a sealed envelope
12 with postage thereon fully prepaid, addressed to the person(s) listed above, and deposited the sealed
envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of
13 the party served, service is presumed invalid if postal cancellation date or postage meter date is more
than one day after date of deposit for mailing in affidavit.
14
FEDERAL: I declare under penalty of perjury under the laws of the United States of America
15 that the above is true and correct and that I took said actions at the direction of a licensed attorney
authorized to practice before this Federal Court.
16
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Executed on April 16, 2007, at Los Angeles, California.
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__________________________________
20
Eugene D. Lee
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NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 3