Case 1:07-cv-00026-OWW-TAG Document 150 Filed 06/03/2008 Page 1 of 4

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 Attorney for Plaintiff
DAVID F. JADWIN, D.O.
6
7
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, SUPPLEMENTAL DECLARATION OF
DAVID F. JADWIN IN SUPPORT OF
13 v. PLAINTIFF’S MOTION TO COMPEL
COMPLIANCE WITH COURT ORDER
14 COUNTY OF KERN, et al.,
Date: June 4, 2008
15 Defendants. Time: 12:15 p.m.
Place: U.S. District Court, Crtrm. 3
16 2500 Tulare St, Fresno, CA Complaint
Filed: January 5, 2007
17 Trial Date: December 3, 2008
18 The undersigned hereby declares:
19 1. I am the Plaintiff in this action.
20 2. I am making this supplemental declaration in support of Plaintiff’s motion to compel
21 Defendants’ compliance with the Court’s Order. The facts stated herein are personally known to me and
22 if called as a witness, I could and would competently testify to the truth of the facts set forth in this
23 declaration.
24 3. I attended DME session 2, conducted by Robert Burchuk, M.D., from 1 p.m. to 4 p.m. on
25 May 29, 2008, at my office conference room at 1010 N. Central Ave., 3rd Floor, Glendale, CA.
26 4. I tape recorded DME session 2. A true and correct written transcript of a portion of the
27 DME session 2 oral examination and oral statements made by me and by Dr. Burchuk is attached hereto
USDC, ED Case No. 1:07-cv-00026 OWW TAG
28
SUPPLEMENTAL DECLARATION OF DAVID F. JADWIN IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
COMPLIANCE WITH COURT ORDER 1
 Case 1:07-cv-00026-OWW-TAG Document 150 Filed 06/03/2008 Page 2 of 4

1I as Exhibit SA
ExhIbIt SA.

5.
5 At DME se.ssion c, Dr.
'~'Slon :l, Dr Burchukmformcd that I was 10
Burchuk informed me lh.t to take
tak. a test
te,t called
caned the

3 "T.O.M.M.~
"T test. I had never heard
0 MM" test he.,-d of It
it before. DLBurchuk
before Dr putting It
Burchuk suggested pUlling it ""de
aside unl11
until DME

4 ,.",on '0 that II could gel

session 3 so get""clanfic.llOU" my attorney
cl ariflcation" from my attorney. I offered to caU
call my attornry
attorney""real
re al qUIck"
quick"

5 so
'0 we could proceed wIth
with th immediately. Dr.
the test lmmedt.tdy Dr Burdmk
Burchuk declined and ,.,dh.
said he preferred
prefened we tabIe
table the

6 test uoll!
untIl DME ....'on 3 See
session 3.... ExhIbIt SA
ee Exhibit SA.

7 6
6. allorney 1
My attorney ater dl'c!o"d
l.ter disclosed to me on y the full
only fun name
n am e of the test Dr.
Dr Burchuk would be

8g .dlll1m'lmng "Te,t of
adnllnistenng: "Test ofM.mory
Mem ory Malingmng"
Ma1ingering~. To da e, I do not fully understand
date, undersland what the
tb TOM M is
T. O.M.M. IS

9 it IS necessary I take It
nor why It" it.

10 7
7. I gave, and wiU
will conllnue
conunue 10
to give,
gIve, Dr
Dr. Burchuk my fuUst
fulle,t coopcrall.on dunng the DME
cooperation during

II
11 ,.",on, acted,."d
sessions. I have acted, and will contlou. to act,
wiU contmue act. reasonably and
ondprofesslOnally
professionally dunng Ih. D:M:E
during the DME sessions.
,.",on,

I:=!
I] A r.v,.w lh. DME Iran,cnpls
review of the trans'Crlp s wIll
win corroborat. th. for.gomg
corroborate tbe foregoing.

13 8.
8 Neither attorney nor Mark \Vasser
N.,th.r my altorn.y were present
Wa,,.r w.r. pr.,.nl at any of he DME "",ons,
ofth. sessions,

14 including session :!~. The

mcludmg DME ,...,on Th. only people
p.opl. pr
pr.,.nl w.r. my,df
s nt were myself and Dr. Burchuk
BurchulL

15 9
9. At Dlv.I::E session :!,
DME ,.",on n.v.r agr••
_. I never d, nor did I .v.r
agreed, mt.nd to agree,
ever intend agr •• , 10
to hav. , ...,on 3
have DME session

16 al Dr.
at Dr Burchuk'
Burchuk',s offic. WIll be
office. I wdl b. r.lurmng
returning from an out-of-town tflP on
out-or-town trip 011 Jun.
June S, ~OOg, and my strong
5, _.008, ,Irong

17 pr.f.r.nc. has
preference ha' been
b •• n and conllnu.,
continues to be
b. that session
,.",on 3 be held atmy
b. hdd at my office
offic. in the afternoon
m Ih. aft.rnoon of June
Iun. 6,

18 ~008 Dr.
.:.008. Dr Burchuk's office
off,c.min Woodland Hill CA, is a con"d.rabl.
Hill"s, CA," COllS1derabl e di.stanc
d"tanc. from my off,c.m
0 fice in

19 Gl.ndal., wh.n taking

Glendale CA when takmg into
Into account morning
mornmg rush
ru,h hour traffic.
traffic

10
11 I d.dar. und.r p.nalty
dedare under penalty of p<rJury
pel]ury und<r
under th.law, th. Stat.
th e .aws of the ~ ate of Cal,forn,a
CalifomHlI and of the
th. Umt.d
United

.}:=! States
Sial., that the foregoing
thalth. for.gomg" is tru.
true and correct.
corr.cl

Dated: June 3, :::!008 DAVID F. JAD\Vrn, D 0

JADWIN, D.O.
}4

15 (

16
'}7

28
~g USDC, ED Case No.
NO.11:07-,,-OD026
:07-cv-00026 OWW TAG

SUPPLEMENTAL
SUPPLE E 'TAL DECLARATIIO OAVIO F. JADWIN IIN SUPPORT OF PlA,.INTIIFF'S
DECLARATION. OF DAVID PLAINTIFF'S MOTIONTO COMPEL
PUANCE WITH
COMPUANCE
CO W TH COURT ORDER 2
 Case 1:07-cv-00026-OWW-TAG Document 150 Filed 06/03/2008 Page 3 of 4

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EXHIBIT SA
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USDC, ED Case No. 1:07-cv-00026 OWW TAG
28
SUPPLEMENTAL DECLARATION OF DAVID F. JADWIN IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
COMPLIANCE WITH COURT ORDER 1
 Case 1:07-cv-00026-OWW-TAG Document 150 Filed 06/03/2008 Page 4 of 4

1 DEFENSE MEDICAL EXAMINATION OF DAVID F. JADWIN, D.O., SESSION 2

May 29, 2008
2
DR. BURCHUCK: The recorder is already running and – hum … okay. Did you want to set up your
3 tape recorder?
4 EXAMINEE: I am all set.
5 DR. BURCHUCK: Okay. Just to remind you that my name is Robert Burchuck. I am a psychiatrist.
I have been hired by the County of Kern through their attorneys in regards to a lawsuit so that I am not
6 seeing you in the context of a – a – you know, a treatment or a – a deposition patient interview, but in
the context of a lawsuit and the examination is not confidential. One of the aspects of the examination
7 that the attorneys had discussed was minimizing psychological retesting, but there was an agreement
about a single test being performed. Were you aware of that?
8
EXAMINEE: No, I am not aware of that actually.
9
DR. BURCHUCK: Okay. Well, fortunately then, we – we will be meeting again.
10
EXAMINEE: Okay.
11
DR. BURCHUCK: I do have a single test –
12
EXAMINEE: What is the name of the test?
13
DR. BURCHUCK: It is call the T.O.M.M. test.
14
EXAMINEE: Okay. I have never heard of it so –
15
DR. BURCHUCK: Well, I will put it aside for an hour and – and – I am assuming – I am assuming
16 that you are not comfortable taking the test in the absence of their having – you know, their having –
having that clarified by your attorney. But if you are, I would just get it out of the way today.
17
EXAMINEE: I can call him real quick.
18
DR. BURCHUCK: You know, why don't we – why don't we put it aside for next time –
19
EXAMINEE: Yes, sir.
20
DR. BURCHUCK: – and – and clarify in the interim. Let me just put this aside then. The – the last
21 time that we met, we were just approaching the topic of October 2005 –
22 EXAMINEE: Uh hum.
23 DR. BURCHUCK: – and I wanted to ask you to sort of continue to update me although then I am
going to really want to go backwards in time and talk about your childhood development and some –
24 and start sort of moving from the beginning of life toward the present time.
25 EXAMINEE: Okay.
26 DR. BURCHUCK: You had started to explain that there was a new CMO at the hospital and that
there had been an oncology conference in which there was a disagreement about how – about how the –
27 well, why don't you tell me. What happened in this conference in October of 2005 and how was it that it
affected you?
28

DEFENSE MEDICAL EXAMINATION OF DAVID F. JADWIN, D.O. 1