86 Declaration Re Inability to File Stip

8/14/2019 86 Declaration Re Inability to File Stip

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Case 1:07-cv-00026-OWW-TAG Document 86 Filed 01/23/2008 Page 1 of 19

Mark A. Wasser CA SB # 60160LAW OFFlCES OF MARK A. WASSER

2 400 Capitol Mall, Suite 1100Sacramento. CA 95814

3 Phone: (916) 444-6400Fax: (916) 444-6405

4 E-mail: [email protected]

5 Bernard C. Barn1ann, Sr.KERN COUNTY COUNSEL

6 Mark Nations. Ch ie fDeputy1115 Truxton Avenue. Fourth Floor

7 Bakersfield, CA 93301Phone: (661) 868-3800

8 (661) 868-3805E-mail: [email protected]

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10 Attorneys Defendants of Kern ..Peter Bryan, Harris, Eugene Kercher,

11 Abraham, Scott Ragland, Smith

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UNITED STATES DISTRICT COURT

E AS TE RN D IS TR I CT O F C A LI FO RN IA

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hearing, the parties reached certain agreements regarding Plaintiff s first request for production

stated in this Declaration are within my own personal knowledge and I can testify competently to

I, Mark A. Wasser, declare as follows:

I. I am counsel of record for Defendants and am familiar with this action. The facts

Date Action Filed: January 6, 2007Trial Date: December 3, 2008

Case No.: 1:07-cv-00026-0WW-TAG

DECLARATION O F M AR K A. WASSER

RE: INABILITY TO FILE STIPULA n O NFOLLOWING DISCOVERY HEARING

DAVID JADWIN, D.O. ))

Plaintiff. )

)vs. ))

et ))

Defendants. ))

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them if called as a witness.

2. I attended the January 14, 2008 hearing on Plaintiff s motion to compel. At the

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DECLARATION OF MARK A. WASSER RE: INABILITY TO FILE STIPULATION


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of documents. Among other things , the Court asked the par ties to submit to the Cour t, no la ter

2 than today, Wednesday, January 23, 2008 a stipula tion and proposed order regarding some of the

3 agreements that were reached.

4 o., . I prepared a draft stipulation, a copy of which is a ttached hereto as Exhibit A, and

5 forwarded it to Plaintiff s counsel for review. Plaintiff s counsel responded that the stipulation

6 included agreements on more topics than he was wi ll ing to inc lude in a s tipula tion and he asked

7 me to revise the stipulation and narrow it so that it covered only the parties ' agreements

8 regarding !lp,,;,p


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EXHIBIT A


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1 Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER

2 400 Capitol Mall, Suite 1100Sacramento, CA 95814

3 Phone: (916) 444-6400Fax: (916) 444-6405

4 E-mail: mwasser(uJmarkwasscLcom5 Bernard C. Barrnann, Sr.

KERN COUNTY COUNSEL6 Mark Nations, Chief Dcputy

1115 Truxtun Avenue, Fourth Floor7 Bakersfield, CA 93301

Phone: (661) 868-38008 (661) 868-3805

E-mail: [email protected]


EASTERN DISTRICT OF CALIFORNIA

Defendants.

Plaintiff,

KERN, et

JADWIN, D.O.

Defendants of Kern,Harris, Eugene .

nrangnn Ragiand,

VS.

) Case No.: 1:07-cv-00026-0WW-TAG)) snpULA nO N RE SUPPLEMENTAL

) RESPONSE TO REQUEST FOR) PRODUCTION OF DOCUMENTS AN D) ORDER))) Action Filed: January 6, 2007) Trial Date: December _ , 2008))))

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16 DAVID

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24 WHEREAS, Plaintiff served a Request for Production of Documents and Defendants

25 responded in part and objected in part and produced certain documents and a privilege log; and

26 WHEREAS, Plaintiff f iled a motion to compel further responses and the parties reached

27 certain agreements during the hearing on Plaintiff 's motion to compel; and

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1 NOTICE OF DEPOSITION 0DAVID F. JADWIN


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1 WHEREAS, the parties enter into this Stipulation to recite their agreements and submit

2 the same to the Court for approval;

3 IT IS HEREB Y STIPULATED by and between the parties through their respective

4 counsel, as follows:

requested employee directory information but shall redact any horne addresses or telephone

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numbers.

In supplemental response to Request No. I I , Defendants shall produce the

8 2. SUf,plcmental reSjlon:,e to 26, Defendants

spe'citied " C ' W L " core PhVSlClrms

harddrive from the County computer assigned to Plaintiff

it to complaints or vrl,evencr', ofthe\

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to

As amended,

amem:led Request

contents o fiscs containing

objectIons to2

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13 4. Plaintiffhas amended Request No. 33 to l imit it to complaints or grievances,

14 including internal and informal complaints, of the type specified against past and present core

15 physicians only. As amended, Defendants have v,ithdravm their objections to the Request.

16 5. In response to Request No. 40, Defendants have agreed to produce the personnel

17 file o f , Royce Johnson but are neither waiving nor withdrawing their objections to its

18 production or conceding

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6.

7.

Plainti:ffhas v,1tli1dnlwn

Plaint if lhas amended Request No. 55 to limit it to documents relat ing to the

2 I review o f Plaintiff David Jadwin's placental evaluations and billing activity as conducted by

22 outside consultants. As amended, Defendants have withdrawn their objections to the Request.

23 8. In supplemental response to Request No, 57, Defendants will make the product

24 chart copy-related documents available to Plaintiff for inspection and copying at Kern Medical

25 Center, in a room to be designated, between 10:00 a,m., Monday, February 4 and 5:00 p.m,

26 Wednesday, February 6,

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2 NOTICE OF DEPOSITION 0DAVlD F. JADWIN


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9. Plaintiffhas amended Request No. 70 to limit it to documents relating to peer

2 review of Plaintiff, David Jadwin. As amended, Defendants have withdrawn their objeetions to

3 the Request

4 10. In supplemental response to Request No. 71, Defendants will produce exceptional

5 event logs for histology and pathology but are neither waiving nor withdrawing their objections

6 to their production or conceding their relevancy.

In supplemental response to Request No. 72, Defendants will produce paper

orbl!ecltl0J1S toor wlthclra'wl

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9 conceding their releVJlnclv

10 12 supplemental Te


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ORDER

The parties having stipulated as hereinabove set forth and good eause appearing,

IT IS SO ORDERED,

Honorable Teresa A. GoldnerMagistrate Judge

4 NOTICE OF DEPOSITION 0DAVID F. JADWI


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EXHIBITB


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1 Mark A. WasserCA SB #060160LAW OFFICES OF MARK A. WASSER


3 Phone: (916) 444-6400Fax: (916) 444-6405

4 E-mail: mwasser((/)markwasser.com

5 . Bernard C. Barmann, Sr.KERN COUNTY COUNSEL

6 Mark Nations, Chief Deputy1115 Truxtun Avenue, Fourth Floor

7 Bakersfield, CA 93301Phone (661) 868-3800

8 (661) 868-3805E-mail: mnati.)ns.(ci;(;o ..CUJJ .ca .. u.

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20 Defendants.



) Case No.: 1:07-cv-00026-0WW-TAG)) s n p U L A n O N RE SUPPLEMENTAL

) RESPONSE TO REQUEST FOR) PRODUCTION OF DOCUMENTS AND) ORDER))) Action Filed: January 6, 2007) Trial Date: December 3, 2008))))

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19 KERN. et

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16 DAVIn F. JADWIN, D.O.

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24 WHEREAS, Plaintiff served a Request for Production of Documents and Defendants



27 certain agreements during the hearing on Plaintiffs motion to compel; and

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STIPULATION RE: SUPPLEMENTAL RESPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER


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2 the same to the Court for approval;

3 IT IS HEREBY STIPULATED by and between the parties through their respective

4 counsel, as follows:

5 L In response to Request No. 40, Defendants have agreed to produce the personnel

6 tjle of Dr. Royce Johnson bu t are neither waiving nor withdrawing their objections to its

7 production or conceding its relevancy. Defendants' production ofthc personnel file shall not

the product

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reganl to any

Defendants

confidential pe::sonn,el

supplemental response to Request No..

COIPv,relate,d documents i i V l i H d U l t to Piaintifffor inspection and copying at Kern l V l e U l e d l

constitute a w e " V,,"

Center, in a room to be del31gl1ated, h, ' lwF,pn 1

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13 Dated: January 23, 2008 LA W OFFICES OF MARK A. WASSER

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BY:_...JI",s,-1 M""",a",rk,,-A'-o-'- , W ~ a s , - " s ~ e r , - - _Mark A. WasserAttorney for Defendants, Counts of Kern, et aL

18 2008 OF

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By: lsi Eugene D. Lee (as authorized on 1/23/08)Eugene D. LeeAttorney for Plaintiff, David F. Jadwin, D.O.

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23 ORDER

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The parties having stipulated as hereinabove set forth and good cause appearing,

IT IS SO ORDERED.


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STIPULATION RE: SUPPLEMENTAL RESPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER


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EXHIBIT C


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Mark A. Wasser CA SB #060160LAW OFFICES O F M AR K A. WASSER

2 400 Capitol Mall, Suite I 100Sacramento, CA 95814

3 Phone: (9 I 6) 444-6400Fax: (916) 444-6405

4 E-mail: nnvasserra)markvvasseLcom

5 I Bernard C Barmann. Sf.

KERN COUNTYCOUNSEL

6 Mark Nations, Chief Deputy1115 Truxtun Avenue, Fourth Floor

7 Bakersfield, CA 93301: Phone: (661) 868-3800

8 ', Fax: (661) 868-3805.I E-mail: [email protected]

91Attornevs for Defendants County of Kern.

10 I Peter Brvan. irwin ~'I Jennifer"Abraham, Scott "",;"",10,1 i I and \Vi!liam Rov, -12 Ii" I

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Deleted: "1

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Action Filed: January 6, 2007Trial Date: December 3, 2008

STIPULATION RE SUPPLEMENTAL

RESPONSE TO REQUEST FO RPRODUCTION OF DOCUMENTS ANDORDER

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DAVID F. JADWIN, D.O.

VS.

COUNTY OF KERN. at aJ.,

Defendants.

) Case No.: l:07-cv-00026-0WW-TAG))

)))))

l)))))

STIPULATIONRE

SUPPLEMENTAL RESPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER


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WHEREAS, Plaintiff served a Request for Production of Documents and Defendants



4 I certain agreements during the hearing on Plaintiffs motion to compel; and


6 the same to the Court for approval;I

7 '! IT IS HEREBY STIPULATED and bet'ween the parties through their respective

1. in response to Request No. 40, Defendants haveDeleted: b, t are Iwither w a i v i nno, v i ( h d n \ " i i J ~ ;(' It"PWdHC!ion {)i

to

Defendants' prcldliciion oftne personnel file

counsel, as foilaws:

nn,rl,we the personnel file of Dr.0

chart wnv.,elmpc1 documents availab!e 10 Plaintifffof in'mpetinn and nonvnw at Kern Medica!

shaH not constitute a \-valver oftne confidential personnel privilege with regard to any other1 Ii'III

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documents.

2. In supplenlcrltal r es pon se to Re ques t No, 57. Defendants \viH make the product

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!5 !I CentcL in a room to be16 Wednesday, February 6.

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between! 0:00 a.m .. Mcrnday. Fe'"onrv 4 and 5:00 p.m.

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STIPUl.ATION RE SUPPLEMENTAL RESPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER

II


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3 Dated: January 23, 2008

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8 Dated: January 23, 2008

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LAW OFFICES OF MARK A, WASSER

By: is/Mark A. Wasser

Mark A. WasserAttorney for Defendants, County of Kern. et a1.

LAW OFFICE OF EUGENE LEE

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Th e

By: /s/ Eugene D. Lee (as authorized on 1/23/08)LU.ge"u D. LeeAttorney for Plaintiff. David F. D.O.

ORDER

stillUlaLted as hereinabove set forth an d cause amleatiDc,

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JT IS SO ORDERED.


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STIPULATION RE SUPPLEMENTAL RESPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER


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EXHIBIT D


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Case 1:07-cv-00026-OWW-TAG Document 86 Filed 01/23/2008 Page 17 of 19II

Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER


3 Phone: (916) 444-6400Fax: (916) 444-6405

4 E-mail: [email protected]

5 Bernard C. Barmann, Sf.

KERN COUNTYCOUNSEL

6 Mark Nations, Chief Deputyi I 1115 Truxtun Avenue, Fourth Floor

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' Bakersfield. CA 93301Phone: (661) 868-3800

8 Fax: (661) 868-3805E-mail: [email protected]

9[1 Attorneys fO.f Def:ndants County ofKem,10 IPeter Bryan, Invin Kercher.I Jennifer"Abraham, Scott Toni Sn1ith11 II and William Roy12 I'

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Deleted: ~

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18UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNiA19

IDAVID F. JADWIN, D.O.

21Plaintiff.

Act ion filed: January 6, 2007Trial Date: December 3, 2008

STIPULATION RE SUPPLEMENTALRESPONSE TO REQUEST FO RPRODUCTION OF DOCUMENTS ANDORDER

Defendants.

\IS.

COUNTY OF KERN, et al..

) Case No.: l:07-cv-00026-0WW-TAG

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WHEREAS, Plaintiff served a Request for Product ion of Documents and Defendants

responded in part and objected in part and produced certain documents and a privi lege log; and

WHEREAS, Plaintiff f iled a motion to compel fur ther responses and the parties reached

certain agreements during the hearing on Plaintiffs motion to compel; and

WHEREAS, the parties enter into this Stipulation to recite their agreements and submit

th e sa me to th e COUrt for approval;

1. In response to Request No. 40, Defendants have agreed, among other things, to

IT IS HEREBY STIPULATED by and between the parties through their respective

counseL as follows:

produce the personnel file ofDT. Johnson but are neither nor withejrawiag their

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objections to its production or conceding its relevanc)!, Defendants' production oftne Derse,nr,eil

me shall not constitute a ,,\-'aiver of the confident ia l personnel privi lege \vith regard to any other

chart copy-",Ialled documents available to Plaintiff for inllp"ction and C O , W, ' M at Kern Medical

Center, in a room to be des igna ted, between 10 :00 a ,m., Monday, February 4 and 5 :00 p .m,

Wednesday, February 6.

Many o f the documents Defendants have produced an d will produce contain

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documents.

In leraent 'l l response to lWyU"" No. Defendants \vilJ make the U H J W. M

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19 II patient information that is confidential under HIPAA. peer review information that isi

20 confidential under California Evidence Code section 1157 or employee information that is

21 confidential under California Evidence Code section 1040. Plaintiff shall not reveal thisIi

22 Ii information to anyone other than his legal counsel , any consultants or experts retained to assist!L ) Plaintiff in the pf(lSccetion of this case. and his and their assis tants. At the conclusion of this

case, Defendants may ask the Court for an order directing Plaintiff to either destro)" aU

documents that contain confident ial information or return them to D e f e n d a n t s . ~

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Dated: January 23, 2008 LAW O FF IC ES O F M AR K A. WASSER

By: /s / Mark A. Wasse r

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Deleted: 1n consideration of theforegoing, Defendants agrce to produ~ " " ldiscovery allY and all documents whDefendants otherwise had or would havvithheld trom production as plltientinfortnalion that is confidentialllnderHIPA!\. peer review infOllllation that(;on fidcntial tinder Cnlifol'l.1ifl EvidencCode section] 157 or employeeinfonnatioll that is confidential undelCalifomia Evidence Code section 1040



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4Dated: January 23,2008

Mark A. WasserAttorney for Defendants, County of Kern, et al.

LA W O FF IC E O F E UG EN E L EE

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By: lsi EU2:ene D. Le e (as authorized on l/23/08)Eugene D. Le eAttorney for Plaintiff, David F. Jadwin, D.O.

lT is SO OROERED.

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The parties

ORDER

" j " as hereinabove set forth and good cause 8DJlearine.

Honorable Teresa A. GoldnerMagistrate

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STIPULATION RE SUPPLEMENTAL RLSPONSETO REQUESTFOR PRODUCTION OF DOCUMENTS AND ORDER