Case 1:07-cv-00026-OWW-TAG Document 137 Filed 05/20/2008 Page 1 of 3

1 Mark A. W asser CA SB #060160

LAW OFFICES OF MARK A. W ASSER
2 400 Capitol Mall, Suite 1100
Sacramento, CA 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: mwasser@markwasser.com

5 Bernard C. Barman, Sr. CA SB #060508

KERN COUNTY COUNSEL
6 Mark Nations, Chief Deputy CA SB #101838
1115 Truxtun Avenue, Fourth Floor
7 Bakersfield, CA 93301
Phone: (661) 868-3800
8 Fax: (661) 868-3805
E-mail: mnations@co.kern.ca.us
9
Attorneys for Defendants County of Kern, Peter Bryan, Irwin Harris, Eugene Kercher,
10 Jennifer Abraham, Scott Ragland, Toni Smith and W illiam Roy

11 Eugene D. Lee SB #236812

LAW OFFICES OF EUGENE LEE
12 555W est Fifth Street, Suite 3100
Los Angeles, CA 90013
13 Phone: (213) 992-3299
Fax: (213) 596-0487
14 E-mail: elee@LOEL.com

15 Attorneys for Plaintiff

DAVID F. JADW IN, D.O.
16
UNITED STATES DISTRICT COURT
17
EASTERN DISTRICT OF CALIFORNIA
18
19 DAVID F. JADWIN, D.O. ) Case No.: 1:07-cv-0026-OWW-TAG
)
20 Plaintiff, ) STIPULATION RE: BALANCING OF
) PRIVACY INTERESTS AND
21 vs. ) PROTECTIVE ORDER
)
22 COUNTY OF KERN, et al., )
)
23 Defendants. ) Complaint Filed: January 5, 2007
______________________________) Trial Date: December 3, 2008
24
25 Pursuant to the Order of the Court issued by Magistrate Judge Goldner on May 9, 2008
26 (Doc. 124), IT IS HEREBY STIPULATED by and between the parties hereto through their
27 respective counsel that, with regard to balancing the privacy interests of the Defendants against the
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Case 1:07-cv-00026-OWW-TAG Document 137 Filed 05/20/2008 Page 2 of 3

1 Plaintiff's need for disclosure, the Plaintiff's need for disclosure prevails as to documents that
2 reveal the nature of interpersonal work relationships at KMC between core physicians and others,
3 on-the-job behavior towards other members of KMC staff by core physicians, complaints against
4 core physicians regarding their behavior at KMC and the County's actions in response.
5 IT IS FURTHER STIPULATED that documents produced in response to this Stipulation
6 shall be disclosed only to Plaintiff's legal counsel and retained experts and shall be kept separate
7 from all other files and documents in this action and clearly marked "Confidential Pursuant to
8 Protective Order." Upon the conclusion of this action, all such documents shall be returned to
9 Defendants or destroyed and Plaintiff shall not retain any copies. Defendants shall provide
10 Plaintiff with a written receipt for the returned documents or Plaintiff will provide Defendants with
11 written certification that the documents have been destroyed, respectively, and that receipt or
12 certification shall be conclusive proof of Plaintiff's compliance with the requirement that the
13 documents be returned to Defendants or destroyed.
14 The foregoing notwithstanding, the parties acknowledge that Plaintiff has filed a motion for
15 reconsideration of the above-referenced Order which challenges Judge Goldner's directive to the
16 parties to enter into this privacy-based protective order. Plaintiff's agreement to this stipulation is
17 therefore conditioned on such motion.
18
Dated: May 20, 2008 LAW OFFICES OF MARK A. WASSER
19
By: /s/ Mark A. Wasser
20 Mark A. Wasser
Attorney for Defendants, County of Kern, et al.
21
22 Dated: May 20, 2008 LAW OFFICE OF EUGENE LEE
23 By: /s/ Eugene D. Lee (as authorized on 5/20/08)
Eugene D. Lee
24 Attorney for Plaintiff, David F. Jadwin, D.O.
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Case 1:07-cv-00026-OWW-TAG Document 137 Filed 05/20/2008 Page 3 of 3

1 ORDER
2 The parties having stipulated as hereinabove set forth and good cause appearing
3 therefore;
4 IT IS SO ORDERED.
5 Dated: May 20, 2008 /s/ Theresa A. Goldner
j6eb3d UNITED STATES MAGISTRATE JUDGE
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