Case 1:07-cv-00026-OWW-TAG Document 67 Filed 10/26/2007 Page 1 of 5

1 Eugene D. Lee SB# 236812

LAW OFFICE OF EUGENE LEE
2 555 West Fifth Street, Suite 3100
Los Angeles, California 90013
3 Telephone: (213) 992-3299
Facsimile: (213) 596-0487
4 Email: elee@LOEL.com
5
Joan Herrington, SB# 178988
6 BAY AREA EMPLOYMENT LAW OFFICE
5032 Woodminster Lane
7 Oakland, CA 94602-2614
Telephone: (510) 530-4078
8 Facsimile: (510) 530-4725
Email: jh@baelo.com
9 Of Counsel to LAW OFFICE OF EUGENE LEE
10 Attorneys for Plaintiff
DAVID F. JADWIN, D.O.
11
UNITED STATES DISTRICT COURT
12
FOR THE EASTERN DISTRICT OF CALIFORNIA
13
14
DAVID F. JADWIN, D.O., Case No. 1:07-cv-00026-OWW-TAG
15
Plaintiff, DECLARATION OF DAVID F. JADWIN,
16 D.O. IN SUPPORT OF PLAINTIFF’S REPLY
v. TO OPPOSITION TO MOTION TO
17 COMPEL INITIAL DISCLOSURES;
REQUEST FOR SANCTIONS
18 COUNTY OF KERN; et al.
Date: November 5, 2007
19 Defendants. Time: 9:30 a.m.
Place: U.S. District Court, Bankruptcy Courtroom
20 1300 18th St., Bakersfield, CA
21 Date Action Filed: January 6, 2007
Date Set for Trial: August 26, 2008
22
23
I, the undersigned, declare and say, as follows:
24
1. I was formerly employed as a pathologist by the County of Kern at Kern Medical Center.
25
I am the plaintiff in this action.
26
2. I am making this declaration in support of Plaintiff’s Reply to Opposition to Motion to
27
Compel Initial Disclosures and Request for Sanctions. The facts stated herein are personally known to
28

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION

TO COMPEL INITIAL DISCLOSURES AND REQUEST FOR SANCTIONS 1
 Case 1:07-cv-00026-OWW-TAG Document 67 Filed 10/26/2007 Page 2 of 5

1 me and if called as a witness, I could and would competently testify to the truth of the facts set forth in
2 this declaration.
3 3. On March 28, 2007, I drove over 100 miles from my home in Glendale, California to
4 Kern Medical Center (“KMC”) in Bakersfield, California, as per the written instructions of Ms. Karen
5 Barnes, Deputy County Counsel for the County of Kern.
6 4. I arrived at KMC at 2:00 p.m., the appointed time, on March 28, 2007 and proceeded to
7 go to the Medical Staff Office, as per Ms. Barnes’s instructions. “Steve”, the KMC Head of Security
8 escorted me from there to my office. The locks to my office had apparently been changed during my
9 absence and Steve was therefore unable to open the door. Dr. Philip Dutt, KMC Acting Chair of
10 Pathology, then appeared and proceeded to unlock my office.
11 5. Upon entering my office I immediately noticed that my file cabinet and my desktop
12 computer were both missing. Regarding the missing filing cabinet, Dr. Dutt stated that he had "needed
13 it". When I said that the cabinet had been filled with my personal items, including my personal scrubs,
14 Dr. Dutt immediately denied it.
15 6. I mentioned that a Bluetooth transmitter for my personal wireless keyboard and mouse
16 had been attached to the back of the now-missing desktop computer. Dr. Dutt stated that it was "easy to
17 make a mistake" when personal and county property were mixed.
18 7. Regarding the missing computer, Dr. Dutt explained that the computer had been taken for
19 use with the microscopy camera. I mentioned to Dr. Dutt that the computer had contained the personal
20 and other information which I required for my Grand Rounds talk at UCLA next month. Dr. Dutt then
21 interrogated me, asking where I was giving the talk, what the subject of the talk was going to be, what I
22 needed from my computer, etc. Dr. Dutt asserted that neither I nor Eugene D. Lee, my attorney, had
23 been specific about what was needed. As such, he asserted it was "our fault" that the computer files were
24 unavailable.
25 8. I stressed that I was very short of time and needed the materials to prepare for the lecture.
26 When I explained that the items I sought were things that I needed to sort through on the computer to
27 find, Dr. Dutt replied that this was something "for the attorneys to sort out".
28 9. I then collected several personal items in a box and turned over several items to Dr. Dutt

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION

TO COMPEL INITIAL DISCLOSURES AND REQUEST FOR SANCTIONS 2
10/24/2007 22:51 18182443550 JADWIN CHA PAGE
PAGE 03/04
03/04
10/24/2007 22:51

Case 1:07-cv-00026-OWW-TAG Document 67 Filed 10/26/2007 Page 3 of 5

that
that were County property. Steve escorted me off the campus.

22 10. I drove baek to my home without the eomputer files I had needed and for whieh Ms.
Ms.

33 Barnes
Barnes had approved my request.
44 11. On August 9, 2007, I faxed a letter to Mr. Paul Hensler, KMC CEO, protesting Kern
Kern
55 County's
County's refusal to return my personal things to me and requesting their immediate return. A true and
and

66 correct
correct copy of the email is attached hereto as Exhibit I.

77
88 I declare under penalty of pcrjury under the laws of the United States of America that the
99 foregoing is true and correct.

10
10
II
II

12
12 Executed on Oetober~007,at Glendale, California.
13
13

14
14
15
15
~!l~
F. David Jadwm, D.O.

16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28

[PROPOSED] ORDt:R
[PROPOSED] ORDt:R GRANTING
GRANTING PLAINTIFF'S
PLAINTIFF'S MOTION
MOTION
TO COMPH INITIAL
TO COMPH INITIAL DISCLOSURt:S
DISCLOSURt:S AND
AND REQUEST
REQUEST FOR
FOR SANCTIONS
SANCTIONS 33
Case 1:07-cv-00026-OWW-TAG Document 67 Filed 10/26/2007 Page 4 of 5

EXHIBIT 1. Plaintiff’s letter to Paul Hensler, KMC CEO, dated August 9, 2007, re:
Kern County’s refusal to return his personal items to him
08/10/2007 01:15 FAX
Ii1l 00 1/002

Case 1:07-cv-00026-OWW-TAG Document 67 Filed 10/26/2007 Page 5 of 5

Paul Hensler, CEO

Kern Medical Center
1830 Flower Street
Bakersfield, California 93305

August 9, 2007

Dear Mr. Hensler:

On December 7, 2006, I was abruptly told without warning by the then-CEO, David Culberson, who I had
never met, that I was being placed on Involuntary administrative leave effective immediately "pending
resolution of a personnel matter", I was then escorted off the campus and told to remain in my house and
available by phone during normal business hours until further notice.

Since then, I have written to KMC protesting this action against me and damanding an explanation of the
"personnel matter" that prompted the action, including a letter of protest dated April 4, 2007 to Ms. Barnes
(that was subsequently forwarded to your allorney, Mark Wasser on April 5, 2007). KMC's only response
was to lift the requirement confining me to my house on April 30, 2007. Then on May 1, KMC informed
me through Mr, Wasser that it did not intend to renew my contract, which is due to renew on October 4,
2007. Throughout this time, I never received an explanation for the leave which continues to this day nor
for KMC's decision not to renew my contract or permit me to return to work.

Since this leave began, I have been permitted only one opportunity on March 28, 2007 to visit my Office.
At that time, my purpose was to retrieve important personal computer files which I needed to prepare a
grand rounds lecture at UCLA. After my attorney exchanged extensive emails with Ms. Barnes and Dr.
Dutt, Ms. Barnes agreed to permit me to access to my office to retrieve the computer files. But after
driVing 120 miles to Bakersfield, Dr. DUll refused me access to my computer, He stated that neither I nor
my attorney had been "specific" about what was needed and that it was "our fault" that the computer files
were unavailable. I returned to my Los Angeles empty-handed.

Now, KMC is preventing me from retrieving my personai items from my office. I was SUddenly placed on
involunt?ry leave without any warning whatsoever and left all my things in my office. Until May 1, I was
not even aware that KMC intended to terminate my employment. On July 4, 2007, my attorney sent a
request to Mr. Wasser that I be permitted to retrieve my personal things and has since sent several more
emails to Mr. Wasser regarding this request. More than a month later, we have received only excuses
and unexplained delays.

The items are my professional books and personal things and KMC has no right to rummage through,
inventory, destroy or damage them.. I demand immediate aCCesS to my office to retrieve the personal
items Which belong to me.

Jadwin Decl 000001