Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 1 of 7

1 LAW OFFICE OF EUGENE LEE

Eugene D. Lee (SB#: 236812)
2 555 West Fifth Street, Suite 3100
Los Angeles, CA 90013
3 Phone: (213) 992-3299
Fax: (213) 596-0487
4 email: elee@LOEL.com
5 Attorneys for Plaintiff
DAVID F. JADWIN, D.O.
6
7 UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA
9 FRESNO DIVISION
10 DAVID F. JADWIN, D.O., Civil Action No. 1:07-cv-00026 OWW TAG
11 Plaintiff, NOTICE OF FILING PROOF OF SERVICE
OF THE SUMMONS AND COMPLAINT
12 v.
13 COUNTY OF KERN; et al.
14 Defendants.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
15
Please take notice that Plaintiff DAVID F. JADWIN, D.O. is hereby filing his Notice of Filing of
16
Proof of Service of Summons and Complaint on Defendants IRWIN HARRIS, M.D; EUGENE
17
KERCHER, M.D.; JENNIFER ABRAHAM, M.D.; SCOTT RAGLAND, M.D.; TONI SMITH; and
18
WILLIAM ROY, M.D.in this action.
19
20
RESPECTFULLY SUBMITTED on April 16, 2007.
21
22
/s/ Eugene D. Lee
23 LAW OFFICE OF EUGENE LEE
555 West Fifth Street, Suite 3100
24 Los Angeles, CA 90013
Phone: (213) 992-3299
25 Fax: (213) 596-0487
email: elee@LOEL.com
26 Attorney for Plaintiff DAVID F. JADWIN, D.O.
27
28

NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 1

 Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 2 of 7
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Eugene D. Lee (SBN 236812)
Law Office of Eugene Lee To keep other people from
555 W 5th St Ste 3100 seeing what you entered on
Los Angeles, CA 90013 your form, please press the
TELEPHONE NO.: 213-992-3299 FAX NO. (Optional): 213-596-0487 Clear This Form button at the
E–MAIL ADDRESS (Optional): elee@LOEL.com end of the form when finished.
ATTORNEY FOR (Name): Plaintiff DAVID F. JADWIN, DO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF US District Court - EDCA
XXXXXXXXXXXXXXXXXXXXXXXXXXX
STREET ADDRESS: 2500 Tulare St
MAILING ADDRESS:

CITY AND ZIP CODE: Fresno 93721

BRANCH NAME: Eastern District of California
PLAINTIFF/PETITIONER: DAVID F. JADWIN, DO CASE NUMBER:

1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.
Ref. No. or File No.:

PROOF OF SERVICE OF SUMMONS 100011.001

(Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of:
a. ✔ summons
b. ✔ complaint
c. Alternative Dispute Resolution (ADR) package
d. Civil Case Cover Sheet (served in complex cases only)
e. cross-complaint
f. ✔ other (specify documents): See Attachment 2.f.
3. a. Party served (specify name of party as shown on documents served):
Eugene Kercher, Irwin Harris, Scott Ragland, Jennifer Abraham, William Roy, Toni Smith
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):

4. Address where the party was served:

Law Office of Mark Wasser, 400 Capitol Mall Ste 1100, Sacramento, CA 95814
5. I served the party (check proper box)
a. 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. 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):

(1) (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.

(2) (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.
(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.
(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.
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2

Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10

Judicial Council of California
PROOF OF SERVICE OF SUMMONS American LegalNet, Inc.
POS-010 [Rev. January 1, 2007] www.FormsWorkflow.com
 Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 3 of 7
PLAINTIFF/PETITIONER: DAVID F. JADWIN, DO CASE NUMBER:

1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.

5. c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,

(1) on (date): (2) from (city):

(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
(4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. ✔ by other means (specify means of service and authorizing code section):

Acceptance of service by Mark Wasser, counsel for all Defendants, on and as of April 6, 2007, as
reflected in attached stipulation.
Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. ✔ as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify):
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: Eugene D. Lee
b. Address: 555 W 5th St Ste 3100 Los Angeles CA 90013
c. Telephone number: 213-992-3299
d. The fee for service was: $ 0
e. I am:
(1) ✔ not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) a registered California process server:
(i) owner employee independent contractor.
(ii) Registration No.:
(iii) County:

8. ✔ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date: April 16, 2007

Eugene D. Lee
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE )

POS-010 [Rev. January 1, 2007] Page 2 of 2

PROOF OF SERVICE OF SUMMONS
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MC-025
SHORT TITLE: JADWIN v. COUNTY OF KERN et al. CASE NUMBER:

1:07-cv-26-oww-tag

ATTACHMENT (Number): 2.f. Page 1 of 1

1
(This Attachment may be used with any Judicial Council form.) (Add pages as required)
2 SUMMONS, COMPLAINT, FIRST AMENDED COMPLAINT & EXHIBITS, ORDER SETTING
3
MANDATORY SCHEDULING CONFERENCE, STANDING ORDER IN ALL CIVIL CASES
ASSIGNED TO JUDGE WANGER, STANDING ORDER IN ALL CIVIL CASES ASSIGNED TO
4 MAGISTRATE JUDGE O'NEILL, DECLINATION OF JURISDICTION OF US MAGISTRATE
JUDGE,VOLUNTARY DISPUTE RESOLUTION PROGRAM FORMS,
Short Title: Docket No. DECLINATION FORM.
5

6 NOTICE OF APPEARANCE

Appearance for (provide name of party):

7
Status of Party:
8 ( ) Appellant/Petitioner ( ) Cross-Appellee/Cross Respondent
( ) Appellee/Respondent ( ) Intervenor
( ) Cross-Appellant/Cross-Petitioner ( ) Amicus Curiae
9 ( ) Other (Specify):
( ) An attorney will argue this appeal.
<
10 Name of attorney who will argue appeal, if other than counsel of record:
< Date of arguing attorney’s admission to this Court (month, day, year):
<
11 Other Federal/State Bar admissions: (month, day, year):

( ) I am a pro se litigant who is not an attorney.

12 ( ) I am an incarcerated pro se litigant.
TIME REQUEST
13 ( ) Oral argument is not desired.
( ) Oral argument is desired. Party requests minutes or multi-co-parties
request a total of minutes to be apportioned as follows:
14
If more than 20 minutes per side is requested, set forth reasons:
15
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
16
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
which appears on the scheduling order.
17
( ) I know of no dates which would be inconvenient.
( ) I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
18 included religious holidays.

19
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
20 UNAVAILABILITY.

21 RELATED CASES

( ) This case has not been before this Court previously.

22 ( ) This case has been before this Court previously. The short title, docket number and citation are:

23 ( ) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:

24
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
25 the appeal, if different:

26 Type or Print Name Type or Print Name

Name of Firm:
27 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under
Address:
penalty of perjury.)
Telephone: Date: Telephone: Date:
Form Approved for Optional Use ATTACHMENT Cal. Rules of Court, rule 982
Judicial Council of California July 2000 to Judicial Councilplease
Form press the Clear American LegalNet, Inc. www.USCourtForms.com
MC-025 [New July 1, 2002]
For your protection and privacy,
Print This Form This Form button after you have printed the form. Clear This Form
Apr 11 07 02:00p Mark Wasser 916-000-0000 p.2
Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 5 of 7

1 Mark A. Wasser CA SB #060160

LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 1100
Sacramento, CA 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: mwasseriW.markwasseLcom

5 Bernard C. Bannan, Sr.

KERN COlJ~TY COUNSEL
6 Mark Nations, Chief Deputy
IllS Truxton Avenue, Fourth Floor
7 Bakersfield, CA 93301
Phone: (661) 868-3800
8 Fax: (661) 868-3805
E-mail: mnations@co.kern.ca.us
9
10 Attorneys for Defendants County of Kern,
Peter Bryan, Irwin Harris, Eugene Kercher,
II Jennifer Abraham, Scott Ragland, Toni Smi1h
and William Roy
12

13 UNITED STATES DISTRICT COURT

14 EASTERN DISTRICT OF CALIFORNIA
15
16 DAVID F. JADWIN, D.O. ~ Case No.: 1:07-cv-26

17 Plaintiff, ) STIPULATION RE; SERVICE AND

) RESPONSE TO FIRST AMENDED
18 vs. ) COMPLAINT, SCHEDULIG OF RULE
) 26(1) CONFERENCE AND MANDATORY
19 COUNTY OF KERN, et aI., ) SCHEDULING CONFERENCE AND
) ORDER
20 Defendants. )
-------------.)
21
22 It is hereby stipulated by and between the parties hereto through their respective counsel

23 as follows:
24 1. There are multiple Defendants in this action and they were not all served on the same

25 date but they were all served by April 6,2007. Given the varying service dates, the parties agree
26 that all the Defendants may file an answer to the First Amended Complaint on or before April

27 30,2007. Plaintiff shall not be prejudiced with respect to the scheduling of discovery or trial.
28 ! !!
STIPULATION RE: SERVICE AND RESPONSE TO FIRST AMENDED COMPLAINT, SCHEDULING OF
RULE 26(f) CONFERENCE AND MANDATORY SCHEDULDlG CONFERENCE AND ORDER

1
Apr 11 07 02:00p Mark Wasser 916-000-0000 p.3
Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 6 of 7

I 2. Plaintiff may supplement his First Amended Complaint by adding factual allegations

2 regarding a letter from the California Labor Commissioner and some other matters. The

3 supplement will be filed on or before April 24, 2007.

4 3. The parties will conduct the Rule 26(f) Conference on May 4,2007 at a mutually
5 agreeable time and location.
6 4. In order that the parties have sufficient time to prepare effective initial disclosures and

7 a discovery plan, the parties request that the Court re-schedule the Mandatory Scheduling
8 Conference to May 31, 2007.

9
10 Dated, AprilR, 2007 LAW OFFICES OF MARK A. WASSER

II

12

13 Mark A. Wasser
Attorney for Defendants, County of Kern, et aI.
14

15
Dated: April _
11_, 2007 LAW OFFICE OF EUGENE LEE
16

17 By:, _
18
Eugene D. Lee
19 Attorney for Plaintiff, David F. Jadwin, D.O.

20
ORDER
21
22 The parties having stipulated as hereinabove set forth and good cause appearing
therefore;
23
IT IS SO ORDERED. The Mandatory Schednling Conference is reset to .
24
25 Dated: April _ _, 2007 UKITED STATES DISTRlCT COURT
26 By: _
27 The Honorable Oliver W. Wanger
28 United States District Court Judge

STIPULATlON RE: SERVICE AND RESPONSE TO FIRST AMENDED COMPLAINT, SCHEDULING OF

RULE 26(f) CONFERENCE AND MANDATORY SCHEDULING CONFERENCE AND ORDER

2
 Case 1:07-cv-00026-OWW-TAG Document 22 Filed 04/16/2007 Page 7 of 7

1 CERTIFICATE OF SERVICE
2 I, the undersigned, hereby declare:
3 I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party
to the action described herein. I am employed in the County of Los Angeles, California. My business
4 address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA
90013. I served the following:
5
NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT
6
on the following parties in this action and/or their attorneys, who are not registered participants of the
7 CM/ECF System, addressed as follows:
8 Mark Wasser
Law Office of Mark Wasser
9 400 Capitol Mall Ste 1100
Sacramento, CA 95814
10
11
BY UNITED STATES MAIL: I enclosed the document(s) listed above in a sealed envelope
12 with postage thereon fully prepaid, addressed to the person(s) listed above, and deposited the sealed
envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of
13 the party served, service is presumed invalid if postal cancellation date or postage meter date is more
than one day after date of deposit for mailing in affidavit.
14
FEDERAL: I declare under penalty of perjury under the laws of the United States of America
15 that the above is true and correct and that I took said actions at the direction of a licensed attorney
authorized to practice before this Federal Court.
16
17
Executed on April 16, 2007, at Los Angeles, California.
18
19
__________________________________
20
Eugene D. Lee
21
22
23
24
25
26
27
28

NOTICE OF FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT 2