-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
1/9
LAW OFFICE OF EUGENE LEEEugene D. Lee (SB#: 236812)555 West
Fifth Street, Suite 3100Los Angeles, CA 90013Phone: (213)
992-3299
Fax: (213) 596-0487email: [email protected]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Attorneys for PlaintiffDAVID F. JADWIN, D.O.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
DAVID F. JADWIN, D.O.,
Plaintiff,
v.
COUNTY OF KERN; PETER BRYAN (bothindividually and in his former
officialcapacity as Chief Executive Officer Of KernMedical Center);
IRWIN HARRIS, M.D;EUGENE KERCHER, M.D. (bothindividually and in his
official capacity as a
President of Medical Staff of Kern MedicalCenter); JENNIFER
ABRAHAM, M.D. (bothindividually and in her official capacity
asImmediate Past President of Medical Staff atKern Medical Center);
SCOTT RAGLAND,M.D. (both individually and in his officialcapacity
as President-Elect of Medical Staffof Kern Medical Center); TONI
SMITH,(both individually and in her official capacityas Chief Nurse
Executive of Kern MedicalCenter); WILLIAM ROY, M.D.; and DOES
1through 10, inclusive.
Defendants.
Civil Action No. 1:07-cv-00026 OWW TAG
NOTICE OF FILING PROOF OF SERVICEOF THE SUMMONS AND
COMPLAINT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Please take notice that Plaintiff DAVID F. JADWIN, D.O. is
hereby filing his Notice of Filing of
Proof of Service of Summons and Complaint on Defendants COUNTY
OF KERN and Mr. PETER
BRYAN in this action.
NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT
1
mailto:[email protected]:[email protected]:[email protected]
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
2/9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESPECTFULLY SUBMITTED on April 9, 2007.
/s/ Eugene D. LeeLAW OFFICE OF EUGENE LEE555 West Fifth Street,
Suite 3100
Los Angeles, CA 90013Phone: (213) 992-3299Fax: (213)
596-0487email: [email protected] for Plaintiff DAVID F. JADWIN,
D.O.
NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT
2
mailto:[email protected]:[email protected]:[email protected]
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
3/9
FROM (MON)APR 92007 11:30/ST.ll:29/No.7500000309 P 3
UNITED STATES DISTRICT COURTCENTRAL DISTRICTOF
CALIFORNIAJADWIN
v.ABRAHAM
Plaintjff(s)
Defendant(s)
CASENUMBER:1:07CV000260WWLJOPROOF OF SERVICE
SUMMONS AND COMPLAINT(Useseparate 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 ofthe (specify
documents):a. 0 summons 00 complaint 0 alias summons 0 first
ammended complainto second amended complainto third amended
complaint00 other (specify): Summons in a Civ il Case; First
Amended Complaint; Order Setting Mandatory Scheduling
Conference;Standing Order in all Civil CaseAssigned to U.S.
District JUdge OliverW. Wanger; Standing Order in all Civil
CaseAssigned 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 COUNTYb. 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 933013. Manner of Service in compliance with
(the appropriate box must be checked):
a. lID Federal Rules of Civil Procedureb. 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
amb. 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
acompetent 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 werleft 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 COMPLAINTCV1 (04/01) PAGE
CV11LA23811
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
4/9
FROM (MON)APR 92007 11:31/ST.ll:29/No.7500000309 P 4
c. 0 Mail and acknowledgment of service. By mailing (by
first-class mail or airmail, postage prepaid) copies to the person
servewith two (2) copies of the form ofWaiver of Service of Summons
and Complaint and a return envelope, postage prepaidaddressed 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((C.C.P.416.10) Bydelivering, during usual business
hours, a copy of the summons and complaint to an officer, a
managinggeneral agent, or to any other agent authorized by
appointment or by law to receive service of process and, if the
agent is oneauthorized by statute and the statute so requires, by
also mailing, by first-class mail, postage prepaid, a copy to the
defendane. 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
persoserved with the person who apparently was in charge and
thereafter by mailing (by first-class mail, postage prepaid) copies
othe persons at the place where the copies were left in full c o m
p l i a n c ~ wnh C,C.P. 415.20 Substitute service upon the
CalifornSecretary 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
bthe 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 toaccept service, pursuant to the procedures
for the Office of the U.S. Attorney for acceptance of service, or
by sending a copythe 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
StatesWashington. 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):
Vincent J. StaleyU Janney & Janney Attorney Service,
Inc.1545Wilshire Blvd., Ste 311Los Angeles, CA 90017(213)
628-6338a. Fee for service: $ 75.00b. 0 Not a registered Califomia
process serverc. 0 Exempt from registration under B&P
22350(b)d. 00 Registered Califomia process server
Registration # :3118. 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
cv, (04101)
Vincent J. StaleyType or Print Server's Name
PROOF OF SERVICE SUMMONS AND COMPLAINTPAGE
LA23811
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
5/9
American LegalNet, Inc.www.FormsWorkflow.com
At the time of service I was at least 18 years of age and not a
party to this action.
PROOF OF SERVICE OF SUMMONSForm Adopted for Mandatory
UseJudicial Council of California
POS-010 [Rev. January 1, 2007]
POS-010
PROOF OF SERVICE OF SUMMONS
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and
address): FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
ATTORNEY FOR (Name):
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
1.
4. Address where the party was served:
a.
5. I served the party (check proper box)
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.
(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.
(1)
(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.(2)
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):
Page 1 of
Code of Civil Procedure, 417.10
Ref. No. or File No.:
a. Party served (specify name of party as shown on documents
served):3.
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):
(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.
(Separate proof of service is required for each party
served.)
b.
c.
d.
complaint
Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)
I served copies of:2.
e.
f.
cross-complaint
other(specify documents):
a. summons
(5)
(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.
I attach a declaration of diligence stating actions taken first
to attempt personal service.
Eugene D. Lee (SBN 236812)Law Office of Eugene Lee555 W 5th St
Ste 3100Los Angeles, CA 90013
213-992-3299 [email protected] DAVID F. JADWIN,
DO
US District Court - EDCA2500 Tulare St
Fresno 93721Eastern District of California
DAVID F. JADWIN, DO
COUNTY OF KERN, et al.1:07-cv-26-oww-tag
100011.001
See Attachment 2.f.
PETER K. BRYAN
6424 S. Abilene St., Englewood, CO 80111-2428
To keep other people from seeing what you entered on your form,
please press the
Clear This Form button at the end of the form when finished.
XXXXXXXXXXXXXXXXXXXXXXXXXXX
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
6/9
Person who served papers
The fee for service was: $
not a registered California process server.
exempt from registration under Business and Professions Code
section 22350(b).
a registered California process server:
(1)
(2)
(i)
Registration No.:
County:
8. I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
9.
Date:
(SIGNATURE )
PROOF OF SERVICE OF SUMMONSPOS-010 [Rev. January 1, 2007]
CASE NUMBER:PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
7.
I am a California sheriff or marshal and I certify that the
foregoing is true and correct.
e. I am:
(iii)
(ii)
by mail and acknowledgment of receipt of service. I mailedthe
documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage
prepaid,c.
(2) from (city):
with two copies of the Notice and Acknowledgment of Receiptand a
postage-paid return envelope addressed
to me. (Attach completedNotice and Acknowledgement of Receipt.)
(Code Civ. Proc., 415.30.)
(3)
(4)
by other means (specify means of service and authorizing code
section):d.
a.
b.
(1) on (date):
to an address outside California with return receipt requested.
(Code Civ. Proc., 415.40.)
Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was
completed as follows:
as an individual defendant.
as the person sued under the fictitious name of(specify):
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
or
a. Name:
b. Address:
c. Telephone number:
d.
Page 2 of
(3)
416.10 (corporation)
416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or
conservatee)
416.90 (authorized person)
d.
under the following Code of Civil Procedure section:
other:
415.95 (business organization, form unknown)
415.46 (occupant)
416.20 (defunct corporation)
On behalf of(specify):
416.40 (association or partnership)
416.50 (public entity)
c. as occupant.
employee independent contractor.owner
5.
DAVID F. JADWIN, DO
COUNTY OF KERN, et al.1:07-cv-26-oww-tag
March 8, 2007 Los Angeles, CA
Eugene D. Lee
555 W 5th St Ste 3100 Los Angeles CA 90013
213-992-32990
March 8, 2007
Eugene D. Lee
Print This Form Clear This FormFor your protection and privacy,
please press the Clear This
Form button after you have printed the form.
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
7/9
CASE NUMBER:SHORT TITLE:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(If the item that this Attachment concerns is made under penalty
of perjury, all statements in this Attachment are made under
penalty of perjury.)
26
27
Page
ATTACHMENT
to Judicial Council Form
Form Approved for Optional UseJudicial Council of California
MC-025 [New July 1, 2002]
Cal. Rules of Court, rule 982
MC-025
of
(This Attachment may be used with any Judicial Council
form.)
ATTACHMENT(Number):
(Add pages as required)
JADWIN v. COUNTY OF KERN et al.1:07-cv-26-oww-tag
2.f. 1 1
SUMMONS, COMPLAINT, FIRST AMENDED COMPLAINT & EXHIBITS,
ORDER SETTING
MANDATORY SCHEDULING CONFERENCE, STANDING ORDER IN ALL CIVIL
CASES
ASSIGNED TO JUDGE WANGER, STANDING ORDER IN ALL CIVIL CASES
ASSIGNED TOMAGISTRATE JUDGE O'NEILL, DECLINATION OF JURISDICTION OF
US MAGISTRATE
JUDGE,VOLUNTARY DISPUTE RESOLUTION PROGRAM FORMS, DECLINATION
FORM.
To keep other people from seeing what you entered on your form,
please press theClear This Form button at the end of the form when
finished.
Print This FormFor your protection and privacy, please press the
Clear
This Form button after you have printed the form. Clear This
Form
American LegalNet, Inc. www.USCourtForms.com
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
8/9
Compleitem 4 i1 " t l : ;UlvLt: lU LJt:lIIYt:lIY I: ; U=l I t
:1U . Print your nameand address on the reverseso that we can
return the card to you. Attach this card to the back of the
mailplece,or on the front if space permits.1. ArticleAddressed
to:
Peter K. Bryan6424 S Abilene StEnglewood, CO 80111-2428
-D. Is delivety addressdifferentfrom item 17 0 es
If YES, enter delivery address below: No
3. TypelfIad Mall 0 Express Mall
[:J Reglstered [:J Return Receipt for MerchandlS'[:J InsuredMail
[:J C.O.D.
4. Restricted Delivery? (Extra Fee) [:J Yes2. Article Number
(Transfer from service label)PS Form 3811, February 2004
7006 0810 0002 9161 7958Domestic Return Receipt 102595-0
-
8/14/2019 17 Pleading - Notice of Filing of Proof of Service of
Process - KC-Bryan_070409
9/9
