Case 1:07-cv-00026-OWW-DLB Document 401 Filed 08/11/2009 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID F. JADWIN, D.O., 1:07-cv-00026-OWW-DLB
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Plaintiff, [PROPOSED] PARTIAL JUDGMENT ON
7 BENCH TRIAL
vs.
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9 COUNTY OF KERN; et al.
10 Defendants.
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18 This matter came on for trial before the Hon. Oliver W. Wanger sitting without a jury pursuant to
19 the parties’ stipulation to submit certain claims asserted by Plaintiff David F. Jadwin, D.O. to the Court
20 for trial. The parties stipulated that Plaintiff’s claims for interference with his rights under FMLA and
21 CFRA and his claim for deprivation of due process under 42 U.S.C. §1983 be tried to the court sitting
22 without a jury, and each party, pursuant to Federal Rule of Civil Procedure 38(d), voluntarily and
23 knowingly waived on the record in open court their right to try these claims to a jury. The stipulation
24 was accepted on June 5, 2009, the twelfth day of jury trial on Plaintiff’s companion claims, and an order
25 entered thereon. Plaintiff’s companion claims proceeded to jury verdict and partial judgment thereon
26 was entered on June 18, 2009
27 The Court having heard and considered the testimony and evidence and read and considered the
28 parties’ trial memoranda, proposed findings of fact and conclusions of law and good cause appearing,

[PROPOSED] PARTIAL JUDGMENT ON BENCH TRIAL 1

 Case 1:07-cv-00026-OWW-DLB Document 401 Filed 08/11/2009 Page 2 of 2

1 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows;

2 1. Judgment on Plaintiff’s claim for deprivation of due process under 42 U.S.C.S. § 1983 is
3 entered in favor of Plaintiff. Plaintiff shall recover nominal damages of $1 from Defendant Kern
4 County.
5 2. Plaintiff’s claims for injunctive relief under FMLA and CFRA are dismissed for lack of
6 standing and mootness.
7 3. This partial judgment shall be merged into the final judgment to be entered herein.
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Dated:
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Honorable Oliver W. Wanger
11 United States District Judge
Eastern District of California
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[PROPOSED] PARTIAL JUDGMENT ON BENCH TRIAL 2