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Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 1 of 15

1 Eugene D. Lee SB#: 236812


LAW OFFICE OF EUGENE LEE
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.
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7 UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA
9 DAVID F. JADWIN, D.O., Civil Action No. 1:07-cv-00026 OWW TAG
10 Plaintiff, DECLARATION OF EUGENE D. LEE IN
v. SUPPORT OF REQUEST FOR SANCTIONS
11 AGAINST MARK A. WASSER
COUNTY OF KERN, et al.,
12 Date: September 29, 2008
Defendants. Time: 9:00 a.m.
13 Place: U.S. District Court, Bankruptcy Courtroom
1300 18th St., Bakersfield, CA
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Date Action Filed: January 6, 2007
15 Date Set for Trial: n/a
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Plaintiff submits this Declaration of Eugene D. Lee in support of Plaintiff’s request for sanctions
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against Mr. Wasser regarding his conduct during Defendants’ deposition of Plaintiff’s expert, Regina
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Levison.
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I, Eugene D. Lee, declare as follows:
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1. I am an attorney at law duly licensed to practice before the Federal and State Courts of
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California and admitted to practice before the United States District Court for the Eastern District of
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California. I am the attorney representing Plaintiff David F. Jadwin in this matter.
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2. I am making this declaration in support of Plaintiff’s request for sanctions against Mark
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Wasser, counsel of record for Defendants, for his misconduct at the deposition of Plaintiff’s expert,
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Regina Levison. The facts stated herein are personally known to me and if called as a witness, I could
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and would competently testify to the truth of the facts set forth in this declaration.
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3. On September 2, 2008, Mr. Wasser, counsel of record for Defendants, deposed Plaintiff’s
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DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 1
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 2 of 15

1 expert, Regina Levison, at his office in Sacramento, CA. My co-counsel, Joan Herrington, defended the
2 deposition on behalf of Plaintiff.
3 4. Plaintiff agreed to having the deposition at Mr. Wasser’s office, rather than at Ms.
4 Levison’s office, out of a desire to accommodate Mr. Wasser and avoid the kind of petty bickering
5 which Mr. Wasser has initiated countless times in this action.
6 5. It is customary for experts to be deposed at their offices.
7 6. Other than Ms. Levison, all of the expert depositions conducted by both Plaintiff and
8 Defendants have taken place at the office of the experts, not the attorneys or parties.
9 7. At the conclusion of her deposition, Ms. Levison requested to be paid for her travel time.
10 Mr. Wasser refused. He claimed that it was I who had sent him an email requesting that Ms. Levison’s
11 deposition be held at his rather than Ms. Levison’s office; hence, Defendants should not have to pay for
12 Ms. Levison’s travel time.
13 8. This is a lie.
14 9. Mr. Wasser has incontrovertibly been proven a liar countless times in this action. Plaintiff
15 has been prejudiced by Mr. Wasser’s persistent misconduct in this action and Plaintiff intends to pursue
16 his remedies at the appropriate time.
17 10. First, I never sent an email to Mr. Wasser requesting that Ms. Levison’s deposition be
18 held at his office. I would have gained nothing by making such a request, other than to inconvenience
19 my own co-counsel, Ms. Herrington, and Ms. Levison, both of whom had to travel a significant distance
20 to Mr. Wasser’s office in Sacramento, CA. I challenge Mr. Wasser to substantiate his claim that I sent
21 him an email requesting that Ms. Levison’s deposition be held at his office.
22 11. Second, it was Mr. Wasser who unilaterally set Ms. Levison’s deposition to occur at his
23 rather than her office.
24 12. On July 29, 2008, Mr. Wasser served a deposition subpoena on Ms. Levison, via fax to
25 me, notifying her that Defendants would be deposing her at his office on August 15, 2008, at 10 a.m.. A
26 true and correct copy of the deposition subpoena is attached hereto as Exhibit 1.
27 13. In noticing Ms. Levison’s deposition, Mr. Wasser acted unilaterally, without meeting and
28 conferring with Plaintiff as to the dates of Ms. Levison’s availability or location. In this regard, Plaintiff

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 2
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 3 of 15

1 filed a motion for protective order regarding Mr. Wasser’s unreasonable conduct. (Doc. 175).
2 14. At no time did Mr. Wasser ever receive or accommodate any requests from Plaintiff
3 regarding the deposition of Ms. Levison, let alone a request that her deposition be held at Mr. Wasser’s
4 office.
5 15. Immediately after receiving Defendants’ deposition subpoena, I sent an email to Ms.
6 Levison apologizing for Mr. Wasser’s behavior in setting her deposition in blatant disregard of her dates
7 of availability which Plaintiff had previously provided to Mr. Wasser and asking her to accommodate
8 Mr. Wasser. A true and correct copy of that email is attached hereto as Exhibit 2.
9 16. On July 30, Ms. Levison replied that she would be able to attend her deposition at Mr.
10 Wasser’s office, as noticed by Defendants. A true and correct copy of that email is attached hereto as
11 Exhibit 2.
12 17. Third, I specifically warned Mr. Wasser that Defendants may be accountable for Ms.
13 Levison’s travel time to his office. On August 6, I sent an email to Mr. Wasser informing him that Ms.
14 Levison was available to be deposed on the date Defendants had unilaterally selected. The email stated:
15 Levison has said she’s fine with being deposed at your office rather than at her office,
however, I am guessing she will charge for the travel time.
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A true and correct copy of the email is attached hereto as Exhibit 3. Mr. Wasser was on notice that Ms.
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Levison could charge for travel time. Mr. Wasser never sent me an email or told me he objected to the
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possible charge for Ms. Levison’s travel time. Yet he refused to pay the charge at the conclusion of Ms.
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Levison’s deposition.
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18. To buttress his refusal, Mr. Wasser lied to Ms. Herrington and Ms. Levison that I was
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responsible for the deposition occurring at his office rather than Ms. Levison’s office because I had
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requested it, and that he had an email to such effect.
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19. On September 2, Ms. Herrington informed me of Mr. Wasser’s claims regarding me. I
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immediately sent an email to Mr. Wasser challenging his lies. I stated:
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I understand you represented to Ms. Levison and Herrington that I had requested Ms.
26 Levison’s depo take place at your office. That is not even close to being correct.
27 In the email, I attached the email referenced above, warning Mr. Wasser that Ms. Levison could charge
28 for her travel time to Mr. Wasser’s office. I concluded by stating: “I think it’s only fair that Ms. Levison

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 3
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 4 of 15

1 be compensated for her travel time. I can only hope you are willing to do the right thing.” A true and
2 correct copy of the email is attached hereto as Exhibit 4.
3 20. Mr. Wasser chose not to do the right thing. To date, he has not paid Ms. Levison for her
4 travel time. He continues to maintain his lies.
5 21. Mr. Wasser has lied numerous times in this action. As an officer of the Court, his willful
6 misconduct has prejudiced Plaintiff and harmed, among others, Ms. Levison.
7 22. Plaintiff requests that this Court sanction Mr. Wasser for his misconduct and order him to
8 pay Ms. Levison’s invoice, a copy of which is attached to Ms. Levison’s declaration.
9 23. I have spent and anticipate spending substantially in excess of 2.9 hours meeting and
10 conferring with Mr. Wasser by email, communicating with Ms. Levison and Ms. Herrington, drafting
11 this declaration and attending the hearing in Bakersfield, CA. My regular rate for such services is $400
12 per hour.
13 Date Task Billed Time (hrs)
14 9/2/08 Emails to/from Mr. Wasser re 0.1
Levison travel time fee
15 dispute.
9/25/08 Call with Ms. Herrington re 0.2
16 Levison travel time fee
dispute declaration.
17 9/25/08 Call with Ms. Levison re 0.1
travel time fee dispute
18 declaration.
9/25/08 Draft Declarations re Request 2.5
19 for Sanctions re Levison travel
time dispute.
20
21 24. My regular rate for legal services is $400 per hour. I have charged, and been paid by,
22 Plaintiff David F. Jadwin $400 per hour in this action.
23 25. Plaintiff seeks sanctions totaling $1,160 in compensation for the 2.9 hours charged in
24 connection with this dispute.
25 26. My rate is reasonable and consistent with those charged in the Los Angeles area by
26 attorneys of similar skill and experience. I received my B.A. with honors from Harvard University in
27 1991 and my J.D. with honors from the University of Michigan Law School in 1995. I was admitted to
28 the New York State Bar in 1996 and worked as an associate in the New York office of Shearman &

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 4
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 5 of 15

1 Sterling from 1995 to 1996. I worked as an associate in the New York office of Sullivan & Cromwell
2 from 1996 to 1997. After a brief leave of absence from practicing law from 1997 to 1999, I returned to
3 active practice as the General Counsel of Tcom America, Inc., a technology venture in Silicon Valley
4 from 1999 to 2002. From 2002 to 2004, I worked as a senior associate for Kim & Chang, a law firm
5 located in Seoul, Korea. In 2005, I was admitted to the California Bar. I have been the principal of Law
6 Office of Eugene Lee since 2005.
7 27. I attempted several times to secure local counsel to prosecute Plaintiff’s suit but was
8 ultimately unsuccessful. On September 18, 2006, I sent an email to over 600 members of the California
9 Employment Lawyers Association seeking co-counsel. No attorneys from Fresno responded. On
10 February 28, 2007, I called Andrew Jones, Esq. in Fresno, CA, requesting his involvement as local
11 counsel in this action. Mr. Jones declined.
12
13 I declare under penalty of perjury under the laws of the State of California and the United States
14 that the foregoing is true and correct.
15
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Executed on: September 26, 2008
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20 EUGENE D. LEE
Declarant
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DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 5
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 6 of 15

1
2 EXHIBIT 1: Defendants’ Deposition Subpoena of Ms. Levison
3 EXHIBIT 2: Emails dated July 29 – 30, 2008
4 EXHIBIT 3: Email from Plaintiff to Defendants, dated Aug. 6, 2008
5 EXHIBIT 4: Email from Plaintiff to Defendants, dated Sep. 2, 2008
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DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 6
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 7 of 15

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26 EXHIBIT 1:
27 Defendants’ Deposition Subpoena of Ms. Levison
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DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 7
Jul 29 08 09:44a Mark Wasser 916-444-6405 p.8

Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 8 of 15

Issued by the
UNITED STATES DISTRICT COURT
EASTERN CALIFORNIA
DISTRICT OF
David F. Jadwin, D.O., F.CAP.
SUBPOENA IN A CIVIL CASE
v.
Countyof Kern, et al.
Case Number:! 1:07-cv-00026-0WW-TAG

TO: Regina Levison


Levison Search Associates
Post Office Box 1133
EI Dorado, California 95623
o YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE Of TESTIMONY COURTROOM

DATE AND TIME

@' YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
ill the above case.
PLACE OF DEPo~mON 400 Capitol Mall, Suite 2640 DATE AND TIME
Sacramento. California 96814 8/15/2008 10:00 am
@' YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
Your entire file on this matter.

PLACE DATE AND TIME


400 Capitol Mall, Suite 2640
Sacramento, California 95814 8/15/2008 10:00 am

o VOl: ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I
DATE AND TIME

------------------------
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ollicers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth~ for each person designated, the
matters on which the person will testifY. Federal Rules of Civil Procedure, 30(b)(6).

DATE
7/29/2008
ISSUING OFFICER'S NAME, ADDR[SS AND PHONE ;-';UMBER
Mark A. Wasser, Law Offices of Mark A. Wasser, 400 Capitol Mall, Suite 2640, Sacramento, California 95814; (916)
444-6400
(See Rule 45, Federnl Rules ofCi.vil Pruccdllre, Parts. C & !J Oll next paf!c)

1 If action is pending in district other thEm district of issuance, state district under case number.
Jut 29 08 09:44a Mark Wasser 916-444-6405 p.9
AGSR mey 1/94) SlIbpoena in a Ciyjl Case
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 9 of 15
PROOF OF SERVICE
DATE PLACE

7/29/2008 P.O. Box 1133, EI Dorado, CA 95623 and


SERVED 555 W. Fifth Street, Suite 3100, Los Angeles, CA 90013
SERVED ON (PRINT NAME) MANNER OF SERVICE

Regina Levison and Eugene D. Lee1espectively. Facsimile and First Class U.S. Mail to Eugene D. Lee
per Stipulation
SERVED BY (PRJNT NAME) TITLE

Amy Remly Assistant to Mark A. Wasser

DECLARATION OF SERVER

I declare under penalty ofperjury under the laws ofthe 1;nited States ofAmerica that the foregoing infonnation contained
in the Proof of Service is true and correct.

Executed on 7/29/2008
DATE

Amy Remly
ADDRESS OF SERVER

400 Capitol Mall, Suite 2640, Sacramento, CA 95814

Rule 45, Federal Rules of Civil Procedure, Parts C & 0:


(e) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(l} A party or an attorney responsible for the is.suance and service of "-
subpoena shall take rea50nable steps to avoid imposing undue burden or expense trial be commanded to travel from any such place within the state in which the
on a person subject to that subpoena_ The COtHton behalf ofwhich the subpoena trial is held, or
was issued shall enforce this duty nnd impose upon the party or attorney in breach
of this duty an appropriate sanction which may includ~, but is not limited to, lost (iii) requires disclosure of privileged or other protected matter and
earnings and reElSonable attorney's. fee. no exception or waiver applies., fJf
(iv) subjects a person to undue burden.
(2) (A:I A person commanded to produce and permit inspection and copying
of designated books, papers, dOCl.lments Or tangible things, or inspection of (B) If a subpoena
premises need not appear in person at the place ofproduction or inspection unless
conunanded to appear for deposition, hearing or trial. co requires disclosure of a trade secret or other .;;:onfidential
research, development, or commercial information, or
(B) Subject to paragraph (d) (2) of this rule, a person commanded to (ii) requires disclosure of an unretaltled npert's opinion or
produce and permit inspection and copying may, within 14 days after service of information not describing specific: e....ents or occurrences in dispute and resulting
subpoena Dr before the time specified for compliance if such time is less than 14 from the expert's study made not at the request of any party, Dr
days after service, serve UpOLl the party or attorney designated in the subpoena (iii) requires a person who is not a Darty or an officer of a party to
wriLto::n objection to inspection or copying of an)' or all ofthc designated materials incur substantial expense to travel more than 100 miles to attend trial, tile eaun
or of the premises. I r objection is made, the party serving the subpoena s.hall not may, to protect a person subject to or affected by the subpoena, quash or modify
be entitleD to insp;>::t and copy materials or inspect the premises except pursuant the subpoena, or, if the party in whose behalf the subpoena is i~sued shows a
to an order of the court by which the subpoena was issued. [[objection has been substantial need for the testimony or material that cannot be otherwise met
made, the party serving Lhe subpoena may, upon notice tollie perSOfl commanded without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time tor an order to compel the production. Such an address.ed will be reasonabiy compensated, the ~Ollrt may order appearance or
order to comply production shall protect ~y person who is not a party or an pofOductl0n only upon specified conditions.
ofticer of a party from signific.ant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA

(3) (A) On limely motion, the coun by which a subpot:na was issued s.h~l1 (I) A person responding to a subpoena to produce document::: shall produce
quash or modify the subpoena jf it them l1S they are kept in the usual course or business or shall organize Gnd label
them to correspond '.Vith the caLegories in the demand.
(i) fails to allo\-v reasonable: time for compliance,
(ii) requires apcrson who is. not a party or an officer of a party to (2) When informalion subjectto a subpoena is withheld 011 a claim that it is
travel to a place more thunlUO miles from the place where that persoLl reside:;, is priVilege;:! or 5ubjeet to protection as trinl preparal~o[J Illateriats, the c1aimshUil be
employed or regularly tran~ae~ business in person, except that, subject to the made expressly and shall be ~l,.Ipparted by a description of the nalure of the
provisions of claus.e (c) (3) (B) (iii) of this rule, such a per:;;on may in order to documents, eonununications, orlhings not produced that is sufficientto enable the
attend demanding party to conlest the claim.
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 10 of 15

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26 EXHIBIT 2:
27 Emails dated July 29 – 30, 2008
28

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 8
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 11 of 15
Eugene D. Lee
From: Regina Levison [rlevison@levisonsearch.com]
Sent: Wednesday, July 30, 2008 12:55 AM
To: elee@LOEL.com
Subject: RE: Jadwin/KC: Depositions

Hello Gene:

The deposition date of August 15th at 10:00 a.m. in Sacramento works fine for me.

Regina

Regina Levison
President
Levison Search Associates
P. O. Box 1133
El Dorado, CA 95623
800-538-4766, ext. 100

From: Eugene D. Lee [mailto:elee@LOEL.com]


Sent: Tuesday, July 29, 2008 8:32 PM
To: aereading@aol.com; rlevison@levisonsearch.com; Stephanie Rizzardi; 'lawrence weiss'; lawrenceweissmd@gmail.com
Cc: 'David Jadwin'; 'Joan Herrington'
Subject: Jadwin/KC: Depositions

Please see the attached deposition subpoenas. 
 
Opposing counsel has, in typical fashion, chosen to ignore the dates of availability I had given him for all of you and 
unilaterally noticed your depositions without any regard for your schedules. I recommend we attempt to humor him if at 
all possible rather than raise a big stink about it. Please let me know if these dates will work for you.  
 
My apologies for any inconvenience caused by this and gratitude for your assistance in getting these depositions 
scheduled. 
 
Sincerely,

Gene Lee
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LAW OFFICE OF EUGENE LEE
EMPLOYMENT LAW
555 WEST FIFTH ST., STE. 3100
LOS ANGELES, CA 90013
Tel: (213)992-3299
Fax: (213)596-0487
E - m a i l : elee@LOEL.com
W e b s i t e : www.LOEL.com
B l o g : www.CaLaborLaw.com  
 
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26 EXHIBIT 3:
27 Email from Plaintiff to Defendants, dated Aug. 6, 2008
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DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 9
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 13 of 15
Eugene D. Lee
From: Eugene D. Lee [elee@LOEL.com]
Sent: Wednesday, August 06, 2008 6:20 PM
To: 'mwasser@markwasser.com'
Subject: Stipulation - Depos after cutoff_080806
Attachments: Stipulation - Depos after cutoff_080806.doc

Follow Up Flag: Follow up


Flag Status: Flagged

Mark, 
 
Attached is the draft stip & order we discussed. Plaintiff was able to confirm the availability of all of his experts on the 
dates indicated in the attached. I would’ve preferred to have had Levison last because she is in Sacramento, requiring 
we all travel from San Diego to your office in Sacto, then back again to Los Angeles but that’s the best we can do on such 
incredibly short notice. Levison has said she’s fine with being deposed at your office rather than at her office, however, I 
am guessing she will charge for the travel time. 
 
Feel free to make additions/revisions as necessary. 
 
 
Sincerely,

Gene Lee
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LAW OFFICE OF EUGENE LEE
EMPLOYMENT LAW
555 WEST FIFTH ST., STE. 3100
LOS ANGELES, CA 90013
Tel: (213)992-3299
Fax: (213)596-0487
E - m a i l : elee@LOEL.com
W e b s i t e : www.LOEL.com
B l o g : www.CaLaborLaw.com  
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this
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27 Email from Plaintiff to Defendants, dated Sep. 2, 2008
28

DECLARATION OF EUGENE D. LEE IN SUPPORT OF REQUEST FOR SANCTIONS AGAINST


MARK A. WASSER 10
Case 1:07-cv-00026-OWW-TAG Document 233 Filed 09/26/2008 Page 15 of 15
Eugene D. Lee
From: Eugene D. Lee [elee@LOEL.com]
Sent: Tuesday, September 02, 2008 4:03 PM
To: 'mwasser@markwasser.com'
Cc: 'rlevison@levisonsearch.com'
Subject: FW: Stipulation - Depos after cutoff_080806
Attachments: aa.pdf

Mark,

I understand you represented to Ms. Levison and Herrington that I had requested Ms. Levison’s depo take place
at your office.

That is not even close to being correct.

Below is an email wherein I warned you Ms. Levison could charge for her travel time to your office. Far be it
for me to give away Ms. Levison’s time for free. She never authorized me to negotiate her fees/charges on her
behalf and I never attempted to do so.

Attached is your depo notice stating that Ms. Levison’s deposition would be taken at your office. I asked Ms.
Levison whether she was willing to accommodate having her depo taken at your office per your notice. I never
requested her depo be taken at your office. Why on earth would I do that? She only agreed to it because she was
gracious.

I think it’s only fair that Ms. Levison be compensated for her travel time. I can only hope you are willing to do
the right thing.

Sincerely,

Gene Lee

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LAW OFFICE OF EUGENE LEE
EMPLOYMENT LAW
555 WEST FIFTH ST., STE. 3100
LOS ANGELES, CA 90013
Tel: (213)992-3299
Fax: (213)596-0487
E - m a i l : elee@LOEL.com
W e b s i t e : www.LOEL.com
B l o g : www.CaLaborLaw.com  
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this
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Case 1:07-cv-00026-OWW-TAG Document 233-2 Filed 09/26/2008 Page 1 of 3

1 Eugene D. Lee SB#: 236812


LAW OFFICE OF EUGENE LEE
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 PlaintiffDAVID F. JADWIN, D.O.

7 UNITED STATES DISTRICT COURT


8 EASTERN DISTRICT OF CALIFORNIA
9 DAVID F. JADWIN, D.O., Civil Action No.1 :07-cv-00026 OWW TAG

10 Plaintiff, DECLARATION OF JOAN HERRINGTON


v. IN SUPPORT OF REQUEST FOR
11 SANCTIONS AGAINST MARK A. WASSER
COUNTY OF KERN, et al.,
12 Date: September 29,2008
Defendants. Time: 9:00 a.m.
13 Place: U.S. District Court, Bankruptcy Courtroo
1300 18th St., Bakersfield, CA
14
Date Action Filed: January 6, 2007
15 Date Set for Trial: n/a

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Plaintiff submits this Declaration of Joan Herrington in support of Plaintiffs request for
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sanctions against Mr. Wasser regarding his conduct during Defendants' deposition of Plaintiff's expert,
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Regina Levison.
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I, Joan Herrington, declare as follows:
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1. I am an attorney at law duly licensed to practice before the Federal and State Courts of
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California and admitted to practice before the United States District Court for the Eastern District of
22
California. I am "of counsel" to the Law Offices of Eugene Lee, which represents Plaintiff David F.
23
Jadwin in this matter.
24
2. I am making this declaration in support of Plaintiffs request for sanctions against Mark
25
Wasser, counsel of record for Defendants, for his misconduct at the deposition of Plaintiffs expert,
26
Regina Levison. The facts stated herein are personally known to me and if called as a witness, I could
27
and would competently testify to the truth of the facts set forth in this declaration.
28

DECLARATION OF JOAN HERRINGTON IN SUPPORT OF REQUEST FOR SANCTIONS


AGAINST MARK. A. WASSER 1
Case 1:07-cv-00026-OWW-TAG Document 233-2 Filed 09/26/2008 Page 2 of 3

1 3. On September 2, 2008, Mr. Wasser, counsel of record for Defendants, deposed Regina
2 Levison, one of Plaintiffs experts herein, at his office in Sacramento, CA; and I defended this
3 deposition on behalf of Plaintiff.
4 4. During her deposition, Ms Levison produced copies of her file regarding Plaintiff to Mr.
5 Wasser, who reviewed these documents, and questioned Ms Levison extensively about them. At the
6 conclusion ofMs Levison's deposition, Mr. Wasser refused her request to pay her for the time she spent
7 preparing and copying these documents, but finally agreed to pay her $0.40 per page which the court
8 reporter stated was her customary rate for such services.
9 5. Also, at the conclusion of her deposition, Mr. Wasser refused Ms. Levison's request to be
10 paid for her travel time; asserting that Eugene Lee, Plaintiffs counsel of record herein, had sent him an
11 email requesting that Ms. Levison's deposition be held at his rather than Ms. Levison's office; hence,
12 Defendants should not have to pay for Ms. Levison's travel time; and wasted about 45 minutes of our
13 time doing so.
14 6. I live in Oakland, CA and spent 45 minutes preparing this declaration.
15 7. My regular rate for legal services is $500 per hour. I have charged, and been paid by,
16 Plaintiff David F. Jadwin $500 per hour in this action.
17 8. My rate is reasonable and consistent with those charged in the Oakland area by attorneys
18 of similar skill and experience. I received my B.A. from the University of Auckland, New Zealand in
19 1974, and my J.D. from the Golden Gate University School of Law ("GGU") and a Certificate of
20 Specialization in Labor and Employment Law with distinction in 1995. I served as an intern for the
21 California Federation of Teachers and as a judicial extern for Administrative Judge Joan Wieder of the
22 NLRB (Region 20). I was admitted to the California State Bar in 1995, and worked as an associate to th
23 Law Offices of Cary J. Silberman during 1996. I have maintained my private practice since 1997. I
24 served as an adjunct professor of Disability Law at GGU during Spring of2003; and volunteer for the
25 Appellate Advocacy Program at GGU; and the Trial Advocacy Program at Stanford University School
26 of Law. My publications include "Your Right to a Smoke-Free Workplace in California Under
27 Disability Law" (Public Health Institute) and "Disability Rights Practice Guide" (American Lung
28 Association). I am a frequent speaker on disability rights and medical leave laws at MCLE conferences;

DECLARATION OF JOAN HERRINGTON IN SUPPORT OF REQUEST FOR SANCTIONS


AGAINST MARK A. WASSER 2
Case 1:07-cv-00026-OWW-TAG Document 233-2 Filed 09/26/2008 Page 3 of 3

and am often consulted by other members of the California Employment Lawyers Association on these
2 topics.

3 I declare under penalty of perjury under the laws of the State of Cali fomi a and the Uniled States
4 that the foregoing is true and correct.
5
Executed on: September 26. 2008
6
7
rll~~
8 Joan I-Ierringotn
9 Declarant
10

II

12

13

14

15
16

17
18

19

20
2\

22

24

26
27
28

DECLARATION OF JOAN HERJUNGTON IN SUPPORT OF REQUEST FOR SANCTIONS


AGAINST MARK A. IVASSER 3
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 1 of 14

1 Eugene D. Lee SB#: 236812


LA W OFFICE OF EUGENE LEE
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.

7 UNITED STATES DISTRICT COURT


8 EASTERN DISTRICT OF CALIFORNIA
9 DAYID F. JADWIN, D.O., Civil Action No. 1:07-cv-00026 OWW TAG

10 Plaintiff, DECLARATION OF REGINA LEVISON IN


v. SUPPORT OF REQUEST FOR SANCTIONS
11 AGAINST MARK A. WASSER
COUNTY OF KERN, et aI.,
12 Date: September 29,2008
Defendants. Time: 9:00 a.m.
13 Place: U.S. District Court, Bankruptcy Courtroo
1300 18th St., Bakersfield, CA
14
Date Action Filed: January 6, 2007
15 Date Set for Trial: nla

16
Plaintiff submits this Declaration of Regina Levison in support of Plaintiff s request for
17
sanctions against Mr. Wasser regarding his misconduct during Defendants' deposition of Plaintiffs
18
expert, Regina Levison.
19
I, Regina Levison, declare as follows:
20
1. I have been retained by Plaintiff to provide expert opinion testimony in connection with
21
the above-captioned action.
22
2. I am making this declaration in support of Plaintiffs request for sanctions against Mark
23
Wasser, counsel of record for Defendants, for his misconduct at my deposition. I have personal
24
knowledge ofthe matters set forth below and I could and would competently testify thereto if called as a
25
witness in this matter.
26
3. I have served as an expert witness in various litigations, typically on behalf of defendant
27
medical institutions, since 1994.
28
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 2 of 14

1 4. Mark Wasser, counsel of record for Defendants, deposed me on September 2,2008, at his

2 office in Sacramento, CA.


3 5. I initially thought that my deposition would take place at my office. I later had to confirm
4 with Eugene Lee, counsel of record for Plaintiff, that the location had been changed to Mr. Wasser's

5 office.
6 6. In past assignments, when I was deposed at a location other than my office, I was paid fo

7 my travel time.
8 7. My understanding is that all of the experts in this action, both plaintiff- and defense-side,
9 have been deposed at their offices.
10 8. Mr. Lee asked me by phone to accommodate Mr. Wasser's unilateral decision to depose

11 me at his rather than my office. I agreed to Mr. Lee's request.


12 9. I spent 2 hours and 45 minutes traveling to and from Mr. Wasser's office in order to
13 attend the deposition. There would have been no such travel time had the deposition been conducted at
14 my office, as is customary and as has occurred for all other experts in this action.
15 10. I had to pay an additional parking lot fee at Mr. Wasser's office which I would not have
16 paid had the deposition occurred at my office.
17 11. At the deposition, Mr. Wasser consumed 40 minutes of my time arguing his refusal to
18 pay me for my travel time, exhibit copy charges and mileage.
19 12. Mr. Wasser asserted that it was Mr. Lee who had requested that my deposition occur at
20 his, rather than my, office. He claimed to have an email that proved this. I was later informed that this
21 was not true.
22 13. I have always charged litigation clients for travel time to depositions.
23 14. A true and correct copy of an invoice regarding the disputed travel time which I mailed to
24 Mr. Wasser is attached hereto as Exhibit L-l.

25 15. To date, I have not received payment of my invoice from Mr. Wasser.
26 16. It is my intention to do whatever is necessary to obtain from Mr. Wasser the payment to

27 which I am entitled. I feel it is less a matter of the amount at issue than a matter of principle.
28 17. In my considered opinion, Mr. Wasser acted in a bullying and unreasonable manner. I

nprT & D & TT()l\T ()]:;' DPnTl\T & T P\TT~()l\T Tl\T ~T TPP()DT ,'I]:;' DP()T TP~T ]:;'()D ~ & l\TrTT()l\T~
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 3 of 14

1 have never witnessed such unprofessional conduct during the many years I have acted as an expert

2 witness. This is one bridge Mr. Wasser may consider burned.

4 I declare under penalty of perjury under the laws of the State of California and the United States

5 that the foregoing is true and correct.

7 Executed on: September 26, 2008

10

11 REG A LEVISON
Declarant
12

13

14

15

16

17

18

19

20

21

22

23

24
25

26

27
28
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 4 of 14

EXHIBIT L-1
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 5 of 14

www.levisonsearch.com

September 25, 2008

Mark A. Wasser
Attorney at Law
Law Offices of Mark A. Wasser
400 Capitol Mall, Suite
Sacramento, CA 95814

Dear Mr. Wasser:

In the case of David F. Jadwin, DO vs County of Kern, I complied with the subpoena to
appear at your office on September 2,2008 to provide expert witness testimony. You have
paid for part of my professional fee and out-of-pocket expenses. An invoice in the amount of
$917.80 is enclosed for the balance of my professional fee and the out-of-pocket expenses
you have not paid.

As you may recall, I first received a subpoena to appear at your office on August 15, 2008. A
copy of the subpoena is attached. You rescheduled the depositions in this case and I
received a notification to appear at your office on September 2, 2008. A copy of the
notification is attached.

At the conclusion of my deposition on September 2, 2008, I presented you with an invoice for
payment. In addition to my professional fee, that invoice included travel time from my office
to your office, travel time from your office to my office, round trip mileage, and parking. You
refused to pay travel time and travel expenses. Instead you paid only my deposition time
and photocopying of the documents I was required to present to you at the deposition.

There were two e-mails sent to you by Eugene Lee, attorney for Dr. Jadwin. On August 6,
2008, Mr. Lee advised you that I had agreed to be deposed at your office rather than my
office and he alerted you regarding my travel time. On September 2, 2008, Mr. Lee sent an
e-mail confirming that he never requested you to take my deposition at your office.

I would appreciate your immediate attention to the invoice enclosed.

Sincerely,

~~
President

Enclosures

NAPR
Education' $elVices' Ethics
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 6 of 14
LEVI/ON Invoice
Search Associates
Physician and Executive Search Consultants Date Invoice #

9/25/2008 955328
PO Box 1133
El Dorado. CA 95623-1133

Bill To

Law Offices of Mark A. Wasser


Mark A. Wasser
400 Capitol Mall, Suite I 100
Sacramento, CA 95814
Account #

6125-MW

Terms Due Date


I Assignment
I
Due on receipt 9/25/2008 I David F. Jadwin vs. County of Kern

Description Amount

Travel Time from Office to Deposition - 09/02/2008 1.75 hours (112 of$375 per 328.13
hour)

Travel Time from Deposition to Office - 09/02/08 1.0 hour (1/2 of$375 per hour) 187.50

Professional fees ($500/hour) 333.50


Additional time spent at the conclusion of the deposition while Mr. Wasser
argued regarding travel time, mileage and document copying/printing.

Roundtrip mileage - 102 miles 59.67

Parking 9.00

Invoices not paid within 30 days are subject to an interest charge of I 1/2% per month on
the unpaid balance. Total $917.80

Phone # Fax# E-mail

800-538-4766 530-626-5604 mlevison@levisonsearch.com

Healthcare Search &Consulting


Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 7 of 14

Wells Fargo Center


400 Capitol Mall
Sacramento, CA. 95814
Fee Computer Number: I
Cashier: Shoua ID #6
Transaction Number: 81834
Entered: 09/02/08 08:47
Exited: 09/02/08 15:44
Ticket #1893 Dispenser #4
Rate: Area 1
Parking Fee: $18.00
II'Foranio 2 Hour (l) -$9.00
SUbtotal: 9.00
Total Fee:
Cash:
Ampco System Parking
19.00
9.00
443.0891
Jul 29 08 09:44a Mark Wasser 916-44M>405 p.8
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 8 of 14
SCAgSS (Rcy 1(94) S"hnQWll in D Civil Cn'r

Issued by the
UNITED STATES DISTRICT COURT
EASTERN CAliFORNIA
DISTRICT OF
David F. Jadwin, D.O., F.C.A.P.
SUBPOENA IN A CIVIL CASE
V.
Countyof Kern, et al.
Case Number:] 1:07-cv-<J0026-0WW-TAG

TO: Regina Levison


Levison Search Associates
Post Office Box 1133
EI Dorado, California 95623
o YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE Of TESTIMONY COURTROOM

DATE AND TIME

!if YOU ARE COMMANDED to appear at the place, dale, and time specified below to testifY at the taking of a deposition
in the above case.
PLACE OF DEPOSlfiON 400 Capitol Mall, Suite 2640 DATE AND TIME
Sacramento. California 95814 8/15/200810;00 am

{if YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects);
Your entire file on this matter.

PLACE 400 Capitol Mall, Suite 2640 DATE AND TIME


Saaamento, California 95B14 8/1512008 10:00 am

o
PREMISES
voe ARE CO~1MANDEDto pennit inspection of the folklwing premises at the date and time specified below.
I
DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more otlice~,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designaled, the
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).

rSSUING OrfICER'S SIGNATURE AND mLE (INDICATE IF AITORNEY FOR PLAINTIFF OR DEFENDA.J.'IT) DATE

~~~ 712912008
ISSUING OFFICER'S NAME, ADDRJ:SS AND PHONE }..lJMBER
Mark A. Wasser, Law Offices of Mark A. Wasser, 400 Capitol Mall, Suite 2640. Sacramento, California 95814; (916)
'444-6400
(s... Rule 45. Fed"",) Rub ofCtvil Prueedurc. E'artsC &; D 011 nCl<t paa~)

1 If action is pcnding ill di31rict other thaD district ofissuancc, state district under case number.
Jul 29 08 09:44a Mark. Wasser 916-444-6405 p.9
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 9 of 14
ADM IRQ 1m) SIIbIlOCl!!. ig • Cixil sase

PROOF OF SERVICE
DA.TE PLACE

7/29/2008 P.O. Box 1133, EI Dorado, CA 95623 and


SERVED 555 W. Fifth Street, Suite 3100, Los Angeles, CA 90013
SERVED ON (PlUNT NAME) MANNER OF SERVICE
Regina Levison and Eugene D. Leeyespectively, Facsimile and First C~ss U.S. Mail to Eugene D. Lee
per Stipulation
SERVED BY (PRINT NAME) mu,
Amy Remty Assistant to Mark A. Wasser

DECLARAnON OF SERVER

I declare under penalty ofpetjury under the laws ofthe L nited States ofAmerica that the foregoing infonnation contained
in the proof of Service is nue and correct.

Executed on 7/2912008
DATE

ADDRESS OF SERVER

400 Capitol Mall, Suite 2640. Sacramento, CA 95B14

Rule 45, Federal Rules ofCivij Procedure, Parts C & 0:


(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(I) A pllrty or an altOl'ne)' responsible for the: issuance and seJVice of •


subpoena shall take resonable steps to avoid imposing undue burocn or ex.pense trial be commanded to travel from any such place within the state in which the
on a person subject to that subpoena. The coulton behalf of-which the subpoena trial is held, or
was issued shall cnforce this duty and impose upon the party or attorney in breach
of this du~' an approptiatc: sanetion which ma)' include. but is notlimitcd to, lost (iii) requires disclosure of privi leged or other protected matter amd
earnings and rClISonablc attorney's fcc. no exception or waiver applie;, or
eiv) s~CC1s a person to undur; burdl:J1.
(2) (A)'\ person commanded to produce and pennit inspection and copying
of dcsignatl:d booKS, papers, documents or tmgible things, or inspection of (6) If 11 sllbpoena
premises need nol appear in person at the place ofproduction or inspection unless
commanded to appear for deposition. hcaring or trial. (i) requires disdosun: of a trade secret or other confidential
research. development, or commercial information, or
(B) Subject. to paragraph (d) (2) of this rule. a person commanded ro (ii) requires disciosW"e of an unletaitled CJlperl's opinion or
produce and permit inspection and copying may. wllIIin 14 da)-s after service of information not describing specific e..-mts or occurrences in dispute and resultmg
subpoc;na or bctorc the bme speCified for compliance ifsu.;h time is less than 14 from the expcrl'. study made notal the requesrofany party, or
days after scrvice. SC:O'C UpOIl the pany or attorney designated in the subpoena (iii) requires a person who is nol a \la-ty or an officer ofa party to
wril1l:n objection to inspection or oopyingof any 01" all ofthc: designated mal.crials incur substantial expense to travel more than 100 miles to attend trinl, the coun
or of the premises I f objection is made, the party serving the subpoena shell not tIlOl)', to protect a person subject to Or affected by the subpoena, quash or modi!}
be: entitled to inspc>:t and copy matelials or inspect the premises except pursuant the subpoena, or, if the "arty in whose behalf the subpoena is issued shOWS a
to an erlkr of the cowt by which thcsubpoena was issued. [fobjection has ""en substantial need fur the testimony or material that cannot be otherwise met
madc. the part)' seJVing the su b!Xlen8 may, upon notice to the PCIlil)Q commanded without undue hasdship llIld assures thal the per50ll to whoot the su!ll)oenll is
to produce, move at any time fur an order 10 compel the production. Such an llddIcsscd will be reasonably cornpensated. the ::curt mllY order appearance or
order to comply production shall protect lIJ1y person who h not a party or an JIl'Oduction only upon specified conditions.
officer of a party ftom significant eKpcnse resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA.

(J) (A) On tim~ly motion. llte court by which II subpoena WII5 issuI:d shlll1 (I) 1\ person responding to u subpoeul\ \(1 produce dOCllrncnU shall produce
quash or m.odify tho SUbpoena if it lhem m they arc kept in the usual COUI'S" ofhusiuess or shall organize Dnd label
them Ie eOlTCspond with the calegOries in the demand_
(i) fails to allow rcasonabl~ time for compliance,
(ii) require~ a person who is not a party Dr an offiter of a party ID (2) When informution subject to a subpoena is \4iithheld OIl a claim that i~ i3
travel ttl a place more than 100 miles from the pIllce wht!~ IhaJ. pel300 rcsid~, is privileged or subject to protection as triIII preparll1ion materials. the clairnshnl' 00
employed or regularly transac:S business in person, c)(ccpl thai, subject ro lhc made expressly and shall be ~l.Jpported by a de5cription of the nll/ure of the
provisions of clause (c) (3) (B) (iii) of this rule. such a per;;on may in order 10 documenl5. communieations, or things nol produced that is sufftcient to elUlb Ie the
anend demanding party to contest the; claim.
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 10 of 14
Case 1:07-cv-00026-0WW-TAG Document 191 Filed 08/08/2008 Page 1 of

Mark A. Wasser CA SB #060160


LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 2640
Sacramento, California 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-maIl: mwasser@markwasser.com

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


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

12 Eugene D. Lee SB# 236812


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

16 Attorneys for Plaintiff


DAVID F. JADWIN, D.O.
17
UNITED STATES DISTRICT COURT
18
EASTERN DISTRICT OF CALIFORNIA
19

20
DAVID F. JADWIN, D.O. Case No.: 1:07-cv-00026-0WW-TAG
21
Plaintiff, STIPULATION RE DEPOSITIONS
22 AFTER DISCOVERY CUT-OFF&
vs. ORDER mEREON
23
COUNTY OF KERN, et aI.,
24 Action Filed: January 6, 2007
Defendants. Trial Date: December 2, 2008
25

26 III
27 III

28 III

1
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-OFF & ORDER TIIEREON
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 11 of 14
Case 1:07-cv-00026-0WW-TAG Document 191 Filed 08/08/2008 Page 2 of 3

WHEREAS, at a hearing held on August 6, 2008, the Court ordered the convening of 17
2 depositions on 11 full days spanning from August 7 to August 25, 2008;

3 WHEREAS, the deposition schedule set by the Court extends discovery past the
4 discovery cut-off and occupies dates that had previously been set by the parties for expert and
5 PMK depositions;

6 WHEREAS, the parties now find it necessary to re-set said depositions on additional
7 dates that are after the discovery cut-off;

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


9 counsel, that such depositions be held as follows, starting at 9 a.m. on each such date:
10 1. August 26, 2008: Deposition by Plaintiff of Dr. McAfee at his office at the

11 University of California, San Diego, School of Medicine, Dean's Office, 9500 Gilman Drive, La
12 Jolla, CA;
13 2. August 27 to 30 (or earlier), 2008: Deposition by Plaintiff of County of Kern at
14 Holiday Inn Select in Bakerfield, CA.;
15 3. September 2,2008: Deposition by Defendants of Ms. Levison at Mr. Wasser's
16 office at 400 Capitol Mall, Suite 1100, Sacramento, CA 95814;
17 4. September 3, 2008: Deposition by Defendants of Dr. Weiss at his office at City of
18 Hope, 1500 E. Duarte Rd., Duarte, CA 91010;
19 5. September 4, 2008: Deposition by Defendants of Ms. Rizzardi at her office at 140
20 South Lake Avenue, Suite 230, Pasadena, CA 91101;
21 6. September 5, 2008: Deposition by Defendants of Dr. Reading at his office at 462
22 North Linden Dr Ste 445, Beverly Hills, CA 90212.
23 II
24 II
25 II
26 II
27 1/
28 II

2
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-OFF & ORDER THEREON
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 12 of 14
Case 1:07-cv-00026-0WW-TAG Document 191 Filed 08/08/2008 Page 3 of

Dated: August 8, 2008 LAW OFFICES OF MARK A. WASSER


2
3 . By: /s/ Mark A.Wasser
Mark A. Wasser
4 Attorney for Defendants County of Kern, et aI.
5
6 Dated: August 8 , 2008 LAW OFFICE OF EUGENE LEE

8 By: /s/ Eugene D. Lee (as authorized on 8/8/08)


Eugene D. Lee
9 Attorney for Plaintiff, David F. Jadwin, D.O.
10

11
ORDER
12
The parties having stipulated as hereinabove set forth and good cause appearing,
13
14 IT IS SO ORDERED.

15
Honorable Oliver W. Wanger
16 U.S. Dist. Judge
17
18

19
20

21

22
23

24

25

26

27
28

3
STIPULATION RE DEPOSITIONS AFTER DISCOVERY CUT-0FF & ORDER THEREON
Page 2 of2

Case
From: Eugene D. 1:07-cv-00026-OWW-TAG
Lee [mailto:elee@LOEL.com] Document 233-3 Filed 09/26/2008 Page 13 of 14
. sent: Wednesday, August 06,20086:20 PM
To: 'mwasser@markwasser.com'
Subject: Stipulation - Depos after cutofC080806

Mark,

Attached is the draft stip & order we discussed. Plaintiff was able to confirm the availability of all of his experts on the dates
indicated in the attached. I would've preferred to have had Levison last because she is in Sacramento, requiring we all travel
from San Diego to your office in Sacto, then back again to Los Angeles but that's the best we can do on such incredibly short
notice. Levison has said she's fine with being deposed at your office rather than at her office, however, I am guessing she will
charge for the travel time.

Feel free to make additions/revisions as necessary.

Sincerely,

Gene Lee

--------------------------------------------------------------------
LAW OFFICE OF EUGENE LEE
EMPLOYMENT LAW
sss WEST FIFTH ST., STE. :3100
LOS ANGELES, CA 90013
Tel: (21::\)992-::\299
Fax: (213)596-0487
E-mail: eleelii)LOEL.colll
Web sit e: www.LOEL.colll
B log: www.CaLaborLaw.colll

--------------------------------------------------------------------
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission
in error, please notify the sender by reply e-mail and delete the message and any attachments.

California Labor 8c Employment Law Blog


ThanL You to Michael Fo: of 'Jottings by an
July 17. 2008

9/2/2008
I
Page 1 of2
Case 1:07-cv-00026-OWW-TAG Document 233-3 Filed 09/26/2008 Page 14 of 14
Regina Levison

From: Eugene D. Lee [elee@LOEL.com]


Sent: Tuesday, September 02,20084:03 PM
To: mwasser@markwasser.com
Cc: rlevison@levisonsearch.com
Subject: FW: Stipulation - Depos after cutoff_080806

Mark,

I understand you represented to Ms. Levison and Herrington that I had requested Ms. Levison's depo take place at your
office.

That is not even close to being correct.

Below is an email wherein I warned you Ms. Levison could charge for her travel time to your office. Far be it for me to
give away Ms. Levison's time for free. She never authorized me to negotiate her fees/charges on her behalf and I never
attempted to do so.

Attached is your depo notice stating that Ms. Levison's deposition would be taken at your office. I asked Ms. Levison
whether she was willing to accommodate having her depo taken at your office per your notice. I never requested her
depo be taken at your office. Why on earth would I do that? She only agreed to it because she was gracious.

I think it's only fair that Ms. Levison be compensated for her travel time. I can only hope you are willing to do the right
thing.

Sincerely,

Gene Lee

--------------------------------------------------------------------
LAW OFFICE OF EUGENE LEE
EMPLOYMENT LAW
555 WEST FIFTH ST., STE. 3100
LOS ANGELES, CA 90013
Tel: (213)992-3299
Fax: (213)596-0487
E - In a i I: elee 1I LOEL.com
Web sit e: w\V\;.LOEL.colll
B log: \V\~" .CaLaborLaw.colll

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California labor & Employment law Blog


Yours Trub,.. will B~ MI.'; for 3 I;Ve~Ls
August 12, 2008

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