USDC, ED Case No. 1:07-cv-00026 OWW TAG MOTION FOR PROTECTIVE ORDER; MOTION TO QUASH TWO RECORD SUBPOENAS FOR PLAINTIFF’S PSYCHIATRIC RECORDS. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF EUGENE LEEEugene D. Lee (SB#: 236812) 555 West Fifth Street, Suite 3100 Los Angeles, CA 90013 Phone: (213) 992-3299 Fax: (213) 596-0487 email: [email protected]Attorney for PlaintiffDAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN, et al., Defendants. Civil Action No. 1:07-cv-00026 OWW TAG PLAINTIFF’S MOTION FOR PROTECTIVE ORDER; MOTION TO QUASH TWO RECORD SUBPOENAS FOR PLAINTIFF’S PSYCHIATRIC RECORDS; [F.R.C.P. 26 & 45]. Date: May 27, 2008 Time: Place: U.S. District Court, Crtrm. 3 2500 Tulare St, Fresno, CA Complaint Filed: January 5, 2007 Trial Date: December 3, 2008 Defendants have stipulated to shortened time to hear this motion due to the fact that the second session of the defense mental examination is scheduled to take place on May 29, 2008. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on May 27, 2008, or as soon thereafter as the parties may be heard, that pursuant to Federal Rules of Civil Procedure 26 and 45, Plaintiff DAVID F. JADWIN, D.O. will move this Court, at the United States Courthouse located at 2500 Tulare Street, Fresno, California 93721 Case 1:07-cv-00026-OWW-TAG Document 140 Filed 05/22/2008 Page 1 of 15
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PLAINTIFF’S MEMORANDUM OF POINTSAND AUTHORITIES IN SUPPORT OF;MOTION TO QUASH TWO RECORDSSUBPOENA RE PLAINTIFF’SPSYCHIATRIC RECORDS; MOTION FORPROTECTIVE ORDER; AND REQUESTFOR SANCTIONS. [F.R.C.P. 26 & 45].
Date: May 27, 2008Time: 2 p.m.
Place: U.S. District Court, Crtrm. 32500 Tulare St, Fresno, CA
Complaint Filed: January 5, 2007Trial Date: December 3, 2008
Plaintiff DAVID F. JADWIN, D.O. submits this memorandum of points and authorities in
support of his motion for the following relief:
1. A protective order prohibiting Defendants, and their experts, from seeking discovery of
Plaintiff’s psychiatric records in violation of the Scheduling Order dated May 31, 2007;
2. An order quashing Defendants’ Records Subpoenas for Plaintiff’s psychiatric records kept by
Paul Riskin, M.D.;
Case 1:07-cv-00026-OWW-TAG Document 140 Filed 05/22/2008 Page 3 of 15
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PROTECTIVE ORDER;
MOTION TO QUASH TWO RECORDS SUBPOENAS RE PLAINTIFF’S PSYCHIATRIC RECORDS. 2
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3. An order quashing Defendants’ Records Subpoenas for Plaintiff’s psychiatric records kept by
Anoshiravan Taheri-Tafreshi, M.D.;
4. An order requiring Defendants to comply with this Court’s modified schedule regarding
Plaintiff’s Rule 35 examination.
I. BACKGROUND
At the outset of this case, the parties met and conferred regarding a discovery plan pursuant to
Rule 26. As part of this discovery plan, Parties agreed to strike a balance between Plaintiff’s continuing
need for psychotherapy and Defendants need for evidence of Plaintiff’s disabling depression and plea
for emotional distress damages. The parties entered into a stipulation that was converted into an order
(“Stipulation”). Plaintiff requests that the Court take judicial notice of the stipulation and order
contained in the Scheduling Order dated May 31, 2007 (Doc. 29, Lee Decl, Exh. 1). The stipulation
stated:
The parties hereby agree that, in order to preserve the confidentiality required forcontinued effective treatment of Plaintiff’s depression, anxiety, insomnia, and emotionaldistress, Plaintiff’s treating psychiatrists/psychologists shall not be required to producetheir actual treatment notes, but instead shall produce a summary of their treatment of Plaintiff’s depression and emotional distress, including their diagnoses and prognoses,and the basis for their opinion, including raw data of any psychological testing. Plaintiff is willing to undergo psychological examination by Defendants’ qualified expert
pursuant to Federal Rule of Civil Procedure Rule 35 subject to a stipulation regardingthe timing and scope of the examination, including the specific tests to be performed,and prompt production of the subsequent report and raw data supporting the report to allparties.(Lee Decl, Exh. 1, 14:-19).
On May 2, 2008, Defendants issued records subpoenas (“Records Subpoenas”) directing
Plaintiffs’ two treating psychiatrists to produce all patient medical records for Plaintiff. (Lee Decl., Exh
2). The Records Subpoenas were served on Plaintiff by regular U.S. mail. Plaintiff received no prior
notice of the Records Subpoenass. The Records Subpoenas evidenced defense counsel’s intention to
obtain “All patient records relating to [Plaintiff], regardless of date” from two of Plaintiff’s treating
psychiatrists, Dr. Paul M. Riskin and Dr. Anoshiravan Taheri-Tafreshi. (Exh. 2, 2-5). They set the
records production deadline as 10 a.m. on May 21, 2008.
Case 1:07-cv-00026-OWW-TAG Document 140 Filed 05/22/2008 Page 4 of 15
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PROTECTIVE ORDER;
MOTION TO QUASH TWO RECORDS SUBPOENAS RE PLAINTIFF’S PSYCHIATRIC RECORDS. 5
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the Scheduling Order. (Lee Decl., Exh. 5).
II. ARGUMENT
The Stipulation states that Plaintiff will not be required to produce psychotherapy notes andDefendants shall instead receive treatment summary reports. Nevertheless, Defendants’ attempt to
breach the Stipulation through the use of the Records Subpoenas and by having Plaintiff sign the
Releases while cut off from contact with his attorneys. Plaintiff therefore brings this motion to quash
and for a protective order to enforce the Stipulation.
Moreover, pursuant to the Exam Stip, Plaintiff was ordered to submit to mental examinations on
May 19 from 10 a.m. to 2 p.m. and May 29 from 1 p.m. to 5 p.m. Defendants now seek yet another
variance to a Court order by requesting Plaintiff move the second session to June 2 and increase the
hours from 4 to 6. Defendants base this request on their own error in providing the wrong address to
Plaintiff, which resulted in the loss of 2 hours.
Defendants have sought and were granted relief from their stipulated obligation to restrict the
scope of their discovery to Plaintiff’s “depression, anxiety, insomnia, and emotional distress”, and are
now being allowed to conduct its Rule 35 examination of Plaintiff’s entire mental state without any
restriction in scope. Further, Defendants were granted relief from their failure to conduct their Rule 35
examination of Plaintiff within the time allowed and submit timely their Rule 26(a)(2)(b) expert reports.
This meant that Defendants were also granted the unusual benefit of knowing the contents of Plaintiff’s
26(a)(2)(B) forensic psychologist’s report before conducting their Rule 35 examination. Defendants
were also granted a full eight hours over two days, 10 days apart, for their Rule 35 examination even
though they will not conduct the customary four hours of psychometric testing, but will rely on the raw
data of the testing performed by Plaintiff’s forensic psychologist. In addition, Defendants’ have been
granted both a 45- and a 90-day continuance of the trial schedule to accommodate their own negligence
and needs.
This Court has thus far accommodated Defendants to a high degree. Plaintiff asks as a matter of
basic fairness that this Court now grant his motions to enforce the Stipulation and also reject
Case 1:07-cv-00026-OWW-TAG Document 140 Filed 05/22/2008 Page 7 of 15
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PROTECTIVE ORDER;
MOTION TO QUASH TWO RECORDS SUBPOENAS RE PLAINTIFF’S PSYCHIATRIC RECORDS. 11
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compelled with respect to other aspects of the patient-litigant’s personality even though they may, in
some sense, be “relevant” to the substantive issues of litigation.”); see also Davis v. Superior Court of
Kern County (Williams) (1992) 7 Cal. App. 4th 1008. 9 Cal. Rptr. 2d 331]. As the Lifschulz Court
illustrated, a Plaintiff’s aggressive tendencies are not “directly relevant” in an assault claim, although,
they are arguably “relevant” under section 210 of the Evidence Code. [ Id ., Evid. Code § 210].
D. THE COURT SHOULD ENFORCE THE STIPULATION AND ORDER REEXAMINATION OF PLAINTIFF AND DENY DEFENDANTS’ REQUEST FORAN 6 HOURS OF EXAMINATION ON JUNE 2, 2008.
The Stipulation and Order regarding the defense mental examination issued by this Court states:
PURSUANT TO THE ORDER OF THE COURT, IT IS HEREBY STIPULATED byand between the parties through their respective counsel that Plaintiff, David F. Jadwin,shall submit to a mental and psychiatric examination by Dr. Robert Burchuk on Monday,May 19, 2008 from 10:00 a.m. to 2:00 p.m. and Thursday, May 29 from 1:00 p.m. to5:00 p.m. in Dr. Burchuk’s office at 23522 Califa Street, Woodland Hills, California.(Doc. 135)
Plaintiff fully complied with the Order. He arrived at Dr. Burchuk’s office at 23522 Califa Street
Woodland Hills, California, at 10 a.m. on May 19, 2008. He waited for 40 minutes waiting to be let into
the gate. As it turns out, defense counsel had provided Plaintiff with the wrong address. Plaintiff, under
instructions not to contact his attorneys at any time during the defense mental examination, finally called
his attorneys at 10:40 a.m. to inform them of the situation. Plaintiff’s counsel then called defense
counsel but defense counsel was unavailable. At 10:43 a.m., Plaintiff’s counsel sent an email to defense
counsel informing him of the situation. At 10:58 a.m., defense counsel emailed Plaintiff’s counsel with
the correct address. They then had a phone call where defense counsel explained that he had given
Plaintiff’s counsel the wrong address and then provided him with the correct address. After repeated
attempts, Plaintiff’s counsel finally reached Plaintiff, who was in his car on the freeway driving home.
He told Plaintiff to immediately turn his car around to proceed to the new address. Plaintiff did so,
arriving at the new address at around noon. Plaintiff’s counsel emailed defense counsel informing him
that Plaintiff was on his way to the new address. The defense medical examination promptly began at
noon and ended at 2 p.m., lasting 2 hours.
Case 1:07-cv-00026-OWW-TAG Document 140 Filed 05/22/2008 Page 13 of 15
MOTION FOR PROTECTIVE ORDER reDEFENSE MENTAL EXAMINATION
Date: May 27, 2008Time: 9:30 a.m.Place: U.S. District Court, Crtrm. 3
2500 Tulare St, Fresno, CA
Date Action Filed: January 6, 2007Date Set for Trial: December 3, 2008
I, Eugene D. Lee, declare as follows:
1. I am counsel of record for Plaintiff. I have personal knowledge of the matters set forth
below and I could and would competently testify thereto if called as a witness in this matter.
2. On May 31, 2007, the Court issued the Scheduling Order (Doc. 29). A true and correct
copy is attached as Exhibit 1. The Scheduling Order contained a stipulation of the parties stating as
follows:
The parties hereby agree that, in order to preserve the confidentiality required forcontinued effective treatment of Plaintiff’s depression, anxiety, insomnia, and emotional
distress, Plaintiff’s treating psychiatrists/psychologists shall not be required to producetheir actual treatment notes, but instead shall produce a summary of their treatment of Plaintiff’s depression and emotional distress, including their diagnoses and prognoses,and the basis for their opinion, including raw data of any psychological testing.(Exh. 1, 14:5-13).
3. On May 2, 2008, defense counsel issued records subpoenas, unsigned copies of which I
received for the first time on May 12, 2008. A true and correct copy is attached as Exhibit 2. The
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 1 of 50
CopyPage Records Retrieval Systems20809 Higgins Court
Torrance, CA 90501
Phone: 424-201-4440
Fax: 424-201-4358
Notification of Subpoenaed Records
Eugene D. LeeLaw Office of Eugene Lee555W. 5th St., Ste 3100Los Angeles, CA 90013
ToWhom ItMay Concern:
Records Subject: David F. Jadwin
Case Number: 1:07-cv00026-0WW-TAG
Case Name: David F. Jadwin, D.O. vs. County of Kern, et al.
CopyPage Records Retrieval Systems is a Professional Photocopying Service and has been chosen byMark A. Wasser of Law Officof Mark A. Wasser to obtain records pertaining to David F. Jadwin in the case of David F. Jadwin, D.O. vs. County of Kern, et al..
Any party to this action is entitled to these records. Please mark the box nextto the location(s) of records from where you wish to receive a
duplicate set and sign your name in the designated space at the bottom of this page. Ifthis form is returned with no boxes marked, it will be
assumed that you wish to receive records from all locations.
Sincerely,
CopyPage Records Retrieval Systems
Paul M. Riskin, M.D. Anoshiravan Taheri-Tafreshi, M.D.Cecilia Kaesler, D.O., Verdugo
o Santa Monica, CA 90401 D Los Angeles, CA 90024D Internal Medicine, Inc.
85773 85774Glendale, CA 91208
85775
Vincent Fortanasce, M.D., NeurologyCasa Colina Centers for Rehab
Christopher J. Charbonnet, M.D., The Footh
o Consultants D Pomona, CA 91767D Center for Wellness & Pain Management
Arcadia, CA 9100785777
Glendale, CA 91206
85776 85778
Michael Cann, M.D.
Glendale, CA 9120885779
EugeneD.
LeePrinted Name of Additional Party Signed Name of Attorney Date
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 26 of 50opyPage Records Retrieval Systems20809 Higgins Court
Torrance, CA 90501
Phone: 424-201-4440
Fax: 424-201-4358
Notification of Subpoenaed Records
Eugene D. LeeLaw Office of Eugene Lee555W. 5th St., Ste 3100Los Angeles, CA 90013
ToWhom ItMay Concern:
Records Subject: David F. Jadwin
Case Number: 1:07-cv00026-0WW-TAG
Case Name: David F. Jadwin, D.O. vs. County of Kern, et al.
CopyPage Records Retrieval Systems is a Professional Photocopying Service and has been chosen byMark A. Wasser of Law Officof Mark A. Wasser to obtain records pertaining to David F. Jadwin in the case of David F. Jadwin, D.O. vs. County of Kern, et al..
Any party to this action is entitled to these records. Please mark the box nextto the location(s) of records from where you wish to receive a
duplicate set and sign your name in the designated space at the bottom of this page. Ifthis form is returned with no boxes marked, it will be
assumed that you wish to receive records from all locations.
Sincerely,
CopyPage Records Retrieval Systems
Paul M. Riskin, M.D. Anoshiravan Taheri-Tafreshi, M.D.Cecilia Kaesler, D.O., Verdugo
o Santa Monica, CA 90401 D Los Angeles, CA 90024D Internal Medicine, Inc.
85773 85774Glendale, CA 91208
85775
Vincent Fortanasce, M.D., NeurologyCasa Colina Centers for Rehab
Christopher J. Charbonnet, M.D., The Footh
o Consultants D Pomona, CA 91767D Center for Wellness & Pain Management
Arcadia, CA 9100785777
Glendale, CA 91206
85776 85778
Michael Cann, M.D.
Glendale, CA 9120885779
EugeneD.
LeePrinted Name of Additional Party Signed Name of Attorney Date
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_l._·f_o_r_n_l._'_a _
Dav id F. Jadw in , D.O.
v.
County o f Kern , e t al.
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Pau l M. R i s k i n , M.D.
530 W i ls h i r e B lv d . , S te 306
Santa Monica , CA 90401
DYOU 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
D YOU ARE COMMANDED to appear at the place, date. and time specified below to testify at the taking of a deposition in
the above case
'L<C' 0 ' "'OSmoN I_DA_T_E_A_ND_T_IM_E _
Q YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All p a t i e n t r e c o r d s r e l a t i n g to th e above named r eco r ds s u b j e c t , r ega r d l ess o f
da t e . P e r t a i n i n g to Dav id F. Jadwin
PLACECopyPage Records R e t r i e v a l Sys tems
20809 H i gg i ns C o u r t
To r rance , CA 90501
DATE AND TIME
5/21 /2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
"'""" IOA" '"0""
Any organization not a party to this suit that is SUbpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Of f i c es o f Mark A. W asser / A t t e n t i o n : Mark A.
Wasser
40 0 C a p i t o l M a l l , Ste . 1100, Sacramento , CA 95814
(See Rule 45. Federel Rules of Civil Procedure 45 (C), (d), & (e) on NextPege)
Waction is pending in district other than district of issuance, state district undercase number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85773
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 27 of 50
A088 ~ R e v . 12/07) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_l._·f_o_r_n_l._'_a _
Dav id F. Jadw in , D.O.
v.
County o f Kern , e t al.
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Pau l M. R i s k i n , M.D.
530 W i ls h i r e B lv d . , S te 306
Santa Monica , CA 90401
DYOU 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
D YOU ARE COMMANDED to appear at the place, date. and time specified below to testify at the taking of a deposition in
the above case
'L<C' 0 ' "'OSmoN I_DA_T_E_A_ND_T_IM_E _
Q YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All p a t i e n t r e c o r d s r e l a t i n g to th e above named r eco r ds s u b j e c t , r ega r d l ess o f
da t e . P e r t a i n i n g to Dav id F. Jadwin
PLACECopyPage Records R e t r i e v a l Sys tems
20809 H i gg i ns C o u r t
To r rance , CA 90501
DATE AND TIME
5/21 /2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
"'""" IOA" '"0""
Any organization not a party to this suit that is SUbpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Of f i c es o f Mark A. W asser / A t t e n t i o n : Mark A.
Wasser
40 0 C a p i t o l M a l l , Ste . 1100, Sacramento , CA 95814
(See Rule 45. Federel Rules of Civil Procedure 45 (C), (d), & (e) on NextPege)
Waction is pending in district other than district of issuance, state district undercase number.
A088 (Rev. 12107) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(cl PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue BUfden or Expenlle; Sanctions. A party or attornay
rasponsible for issuing and sarving a subpoena must taka raasonable staps to avoidimposing undue burden or expensa on a person subject to the subpoena. The issuing courtmust enforce this duly and impose an appropriate sanction -which may include lostearnings and reasonable attorney's fees - ona party or attorney who fails to comply.
l2) Command to Produce Materials or P a r m ~ Inspection.A) Appea,ance Not ReqUired. A person commanded to produce documents,
electronically stored information, or tangible things, or to p e r m ~ the inspection of premises,need not appear in person at the place of production or inspection unless also commandedto appearfor a d e p o s ~ i o n , hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to p e r m ~ inspectionmay serve on the party or Btlorney designated in thesubpoena awritten objection to inspecting, copying, testing or sampling any or all of thematerials orto inspecting the premISes - orto producing electronically stored information intile form or forms requested. The objectionmustbe servedbefore the earlierof the timespecified for compliance or 14 days alter the subpoena is served. If an objection is mede,the following rules apply:( i) At any lime, on notice to the commanded person, the serving partymaymove the issuingcourt for an order compelling production or inspection.(ii) These acts maybe required onlyas directed in the order, and the ordermustprotect aperson who is neither a party nora party's officer from signifICant expense resulting fromcompliance.
(3) QuaShing orModifying a SUbpoena.(A) When Required. On timely motion, the issuing courtmustquash ormodify
a subpoena that:(i) fails to allow a reasonable time to comply;(il) requires a person who is n e ~ h e r a party nor a party's officer to travel more than 100miles from where that person resides, is employed, or regUlarly transacts business in person- except that, subject to Rule 45(c)(3)(B)(iii), tha person may be commanded to attend a
trial by traveling from any such placawtlhin the stale where the trial is held;(iii) requires disclosure of privileged or other protectedmatter, if no exception or waiverapplies; or(iv) subjects a person to undue bUrden.
(B) Vvhen Permitted. To protect a person SUbject to or affected by asubpoena, the iaauing court may, on motion, quash ormodifythe sUbpoena if requires:(i) disclosing a trade secret or otherconfidential research, development, or commercialinformation;(ii) disclosing an unretainedexpert'sopinion or informationthat dossnot describe specifICoccurrences in dispute and results from the axpert's study that was not requested by aparty; or(iii) a person who is neither a party nora party's officer to incur substantial expense to travelmore than 100 miles to attendtrial
(C) Specifying C o r i d ~ i o n s as an Alternative. In the circumstances described in Rule 45(c)(3)(B),the courlmay, insteed of quashing or modifying a subpoena, order appearance or production unspecified conditions if the serving party:(i) shows a substantial need for the testimony or material that cannot be otherwise met w ~ h o u tundue hardship; and
li) ensures thet the sUbpoeneed person will be raasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.II Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documents mustprodtham as they are kept in the ordinary coursa ofbusiness or must organize and label them tocorrespond to the categories in the demand.(B) Form for Producing Electronically Stored InformationNot Specified. If a subpoenadoes not specify a form for producing electronically stored information, the person responding mproduce in a form or forms in which is ordinarily maintained or in a reasonably usabla form orforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot producethe same electronically stored information in more thanone form.(D) Inaccessible Electronically Stored Information. The person responding need not providediscovery.of electronicelly stored information from sources that the person identifieS as notreasonably accassible because of undueburden or cost. Onmotion to compel discoveryor for aprotective order, the person respondingmustshow that the information is not reasonablyaccessible because of undue burdenor cost. If that showing is made, the court may nonethelesorder discovery from such sources if the requestirlQ party shows good cause, considering thelimitations of Rule 26(b)(2)(C). The court may specify c o n d ~ i o n s for tha discovery.(2) Claiming PriVilege or Protection.(A) InformationWithheld, A person w ~ h h o l d i n g subpoenaed information under a claimthat is privileged or subject to protection as trial-preparation materialmust:(i) expressly make theclaim; and(il) describe the nature of the withheld documents, communications,or tangible things in amann
that, without revealing information itseW privileged or protected, will enable the parties to assessclaim.(B) InformationProduced. If information produced in response to a subpoena is subjea claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party that received the information of the claim arid the basis for it. After being notifiedparty mustpromptlyretum, sequester, or destroy the specified information andany copies hasmust not use or disclose the information until the claim is resolved; musttake reasonable steps tretrleva the information if the partydisclosed before being notified; and may promptly present tinformation to the court under seal for a determination of the claim. The person who produced thinformationmustpreserve the information until the claim is resolved.(e) CONTEMPT.The Issuing courtmay hold in c o n t e m p ~ a rson who, having been served, fails w ~ o u t adequaexcuse to obeythe subpoena. Anonpa sfailure to obey must be excused if the SUbpoenapurports to reqUire thenonparty to atle orproduce at a place outside the I i m ~ s of Rule 45(c)(3(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 28 of 50
A088 (Rev. 12107) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(cl PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue BUfden or Expenlle; Sanctions. A party or attornay
rasponsible for issuing and sarving a subpoena must taka raasonable staps to avoidimposing undue burden or expensa on a person subject to the subpoena. The issuing courtmust enforce this duly and impose an appropriate sanction -which may include lostearnings and reasonable attorney's fees - ona party or attorney who fails to comply.
l2) Command to Produce Materials or P a r m ~ Inspection.A) Appea,ance Not ReqUired. A person commanded to produce documents,
electronically stored information, or tangible things, or to p e r m ~ the inspection of premises,need not appear in person at the place of production or inspection unless also commandedto appearfor a d e p o s ~ i o n , hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to p e r m ~ inspectionmay serve on the party or Btlorney designated in thesubpoena awritten objection to inspecting, copying, testing or sampling any or all of thematerials orto inspecting the premISes - orto producing electronically stored information intile form or forms requested. The objectionmustbe servedbefore the earlierof the timespecified for compliance or 14 days alter the subpoena is served. If an objection is mede,the following rules apply:( i) A tany l ime, on notice to the commanded person, the serving partymaymove the issuingcourt for an order compelling production or inspection.(ii) These acts maybe required onlyas directed in the order, and the ordermustprotect aperson who is neither a party nora party's officer from signifICant expense resulting fromcompliance.
(3) QuaShing orModifying a SUbpoena.(A) When Required. On timely motion, the issuing courtmust quash ormodify
a subpoena that:(i) fails to allow a reasonable time to comply;(il) requires a person who is n e ~ h e r a party nor a party's officer to travel more than 100miles from where that person resides, is employed, or regUlarly transacts business in person- except that, subject to Rule 45(c)(3)(B)(iii), tha person may be commanded to attend a
trial by traveling from any such placawtlhin the stale where the trial is held;(iii) requires disclosure of privileged or other protectedmatter, if no exception or waiverapplies; or(iv) subjects a person to undue bUrden.
(B) Vvhen Permitted. To protect a person SUbject to or affected by asubpoena, the iaauing court may, on motion, quash ormodifythe sUbpoena if requires:(i) disclosing a trade secret or otherconfidential research, development, or commercialinformation;(ii) disclosing an unretainedexpert'sopinion or informationthat dossnot describe specifICoccurrences in dispute and results from the axpert's study that was not requested by aparty; or(iii) a person who is neither a party nora party's officer to incur substantial expense to travelmore than 100 miles to attendtrial
(C) Specifying C o r i d ~ i o n s as an Alternative. In the circumstances described in Rule 45(c)(3)(B),the courlmay, insteed of quashing or modifying a subpoena, order appearance or production unspecified conditions if the serving party:(i) shows a substantial need for the testimony or material that cannot be otherwise met w ~ h o u tundue hardship; and
li) ensures thet the sUbpoeneed person will be raasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.II Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documents mustprodtham as they are kept in the ordinary coursa ofbusiness or must organize and label them tocorrespond to the categories in the demand.(B) Form for Producing Electronically Stored InformationNot Specified. If a subpoenadoes not specify a form for producing electronically stored information, the person responding mproduce in a form or forms in which is ordinarily maintained or in a reasonably usabla form orforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot producethe same electronically stored information in more thanone form.(D) Inaccessible Electronically Stored Information. The person responding need not providediscovery.of electronicelly stored information from sources that the person identifieS as notreasonably accassible because of undueburden or cost. Onmotion to compel discoveryor for aprotective order, the person respondingmustshow that the information is not reasonablyaccessible because of undue burdenor cost. If that showing is made, the court may nonethelesorder discovery from such sources if the requestirlQ party shows good cause, considering thelimitations of Rule 26(b)(2)(C). The court may specify c o n d ~ i o n s for tha discovery.(2) Claiming PriVilege or Protection.(A) InformationWithheld, A person w ~ h h o l d i n g subpoenaed information under a claimthat is privileged or subject to protection as trial-preparation materialmust:(i) expressly make theclaim; and(il) describe the nature of the withheld documents, communications,or tangible things in amann
that, without revealing information itseW privileged or protected, will enable the parties to assessclaim.(B) InformationProduced. If information produced in response to a subpoena is subjea claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party that received the information of the claim arid the basis for it. After being notifiedparty mustpromptlyretum, sequester, or destroy the specified information andany copies hasmust not use or disclose the information until the claim is resolved; must take reasonable steps tretrleva the information if the partydisclosed before being notified; and may promptly present tinformation to the court under seal for a determination of the claim. The person who produced thinformationmustpreserve the information until the claim is resolved.(e) CONTEMPT.The Issuing courtmay hold in c o n t e m p ~ a rson who, having been served, fails w ~ o u t adequaexcuse to obeythe subpoena. Anonpa sfailure to obey must be excused if the SUbpoenapurports to reqUire thenonparty to atle orproduce at a place outside the I i m ~ s of Rule 45(c)(3(A)(ii).
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_·a _
David F. Jadwin, D.O.
V.
County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Anoshiravan Taher i-Tafreshi , M.D.
921 Westwood Blvd., Ste 232
Los Angeles, CA 90024
D 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
D YOU ARE COMMANDED to appearat the place, date, and time specified below to testify at the taking of a deposition in
the above case
"'" '" """"m,," I"''''NID "'"
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subjec t , regardless of
date . Pertaining to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
,,,",,., I"''''NID"'"
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules ofCivil Procedure, 30{b){6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (e), (d), & (e) on NextPage)
action is pending in district other than district of issuance, state district under case number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85774
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 29 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_·a _
David F. Jadwin, D.O.
V.
County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Anoshiravan Taher i-Tafreshi , M.D.
921 Westwood Blvd., Ste 232
Los Angeles, CA 90024
D 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
D YOU ARE COMMANDED to appearat the place, date, and time specified below to testify at the taking of a deposition in
the above case
"'" '" """"m,," I"''''NID "'"
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subjec t , regardless of
date . Pertaining to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
,,,",,., I"''''NID"'"
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules ofCivil Procedure, 30{b){6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (e), (d), & (e) on NextPage)
action is pending in district other than district of issuance, state district under case number.
A088 (Rev. 12/(7) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the ProoofService is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address ofServer
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden orExpense; Sanctions. A perty or attomey
responsible for Issuing and serving a subpoenamust take reasonable steps to avoidimposing undue burdenor axpense on a parson subject to the subpoena. The issuing courtmust anforce this duty and imposean appropriate sanction ~ i c h mayinclude losteamings and reasonable attorney's fees - on a partyor attorney who fails to comply.
(2) Command to Produce Materials or P e r m ~ Inspection.(A) A p ~ a r e n c e Not Required. A person commanded to produce documents.
electronically storedInformation, or tengible things, or to p e r m ~ the inspection of premises,need not appear in person at the place of production or inspection unless also commandedto appearfor a d e p o s ~ i o n , hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to p e r m ~ inspection mayserve on the party or attorneydesignated in thesubpoena a writtenobjection to inspecting, copying, testing or sampling any ora l l of thematerials or to inspecting the premIses - or to producingalectronically stored information intile form or forms requested. The objectionmust be served befora the earlier of the timaspecified for compliance or 14 deys aKer the subpoena is served. If an objection is made,the following rules apply:(i) At any lime, on notica to the commanded person, the serving partymaymove the issuingcourt for an ordercompelling production or inspection.(Ii) These acts may be required only as directed in theordet, and the ordermust protect aperson who is neither a party nor a party's offICer from signiflC8nt expense resuKing fromcompliance.
(3) Quashing or Modifying a Subpoena.(A) When ReqUired. On timalymotion, the issuing court must quash ormodify
a subpoena that:
ll feils to allow a reasonable time to comply;iI) requires a person whois neither a partynor a party'sofficer to traval more than 100miles from where that person resides, is employed, or regUlarly transacts business in person- except thet, subject to Rule 45{c){3)(B)(iil), the person may be commanded to attend a
trial by traveling from anysuch placa within the stale where the trial is held;(iii) requires disclosure of privilegad or other protected matter, If no exceptionorwaiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by asubpoena, the issuing courtmay, on motion, quash or modify the subpoena If requires:(i) disclosing a trede secretor other confidential research, development, or commercialinformation;(iiI disclosing an unretainad expert's opinion or informationthat does notdescribe specificoccurrences in dispute and resuKs from theexpert'sstudy that was not requested by aparty; or(iii) a person who is neither e party nor a party's officer to incursubstantial expense to travelmore than 100miles to attendtrial
(C) Specifying C o n d ~ i o n s as an AKernative. In the circumstances described in Rule 45{c)(3)(B)the court may, instead of quashing or modifying a subpoena, order appearance or production unspecified conditions If the serving party:(i) shows a substantial need for the testimony ormaterial thet cannot be otherwise met w ~ h o u tundue hardship; and
i i ensures that the subpoeneedpersonwill be reasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.1 Producing Oocumentsor Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A personresponding to e subpoena to produce documents must prodthem es they are kept in the ordinary course of business or mustorganize and label them tocorrespond to the categories in thedemand.(B) Form forProducing Electronically Stored Information Not Specified. If a subpoenedoesnot specifya form for producing electronically stored informetion, theperson responding mproduce In a form or forms in which i t i s ordinarily maintained or in a reasonably usable form oforms.(C) Electronically Stored Information Produced in Only One Form. The person responding neednot produce the same alectronically stored information in morethan one form.(0) Inaccessible Electronically Stored Information. The person responding naad not providediscovery of electronically stored information from sources that the person identifies as notreasonably accessible bacause of undue burdenor cos t. On motion to compel discovery or forprotective ordet, the person responding mustshow that the information is not reasonablyaccessible bacause of undue burden or cost. If that showing is made, the court maynonethelesorder discovery from such sources If the requestillQ party shows good cause, considering theI i m ~ a t i o n s of Rule 26{b)(2)(C). The court may specify c o n d ~ i o n s for the discovery.(2) Claiming Privilege or Protection.(A) Informalion Vv1Ihheld, A person withholding subpoeneed information under a claimthat is privilegad or subject to protection as trial-pteparation material must:(il expresslymake theclaim; and(iI) describe the natureof the w ~ h h e l d documants, communications, or tangible things in amann
that, without revaaling information "self privileged orprotected,will enable the parties to assessclaim.(B) Information Produced. If informationproduced in response to a subpoena is subjea claim of privilege or of protection as trial-preparation material, the person making the cla im manotify any party that received the informationof the claim and the basis f o r ~ . After being notifiepartymust promptlyretum, sequestar, or destroy the specified information and any copies hasmust notuse or disclose the informationuntil the claim is resolved; must take reasonable stepsretrieve the Information If the party disclosed before being notified; and may promptlyprasenttinformation to the court under seal for a determination of the claim. The person whoproduced thinformationmust preserve the informationuntil the claim is rasolved.(e)CONTEMPT.tlie issuing courtmay hold in c o n t e m p t ~ r s o n who, having been served, fails without adequaexcuse to obey the subpoena. A nonpa sfailure to obey must be excused If the subpoenapurports to require the nonparty to atten or produce at apiece outside the I i m ~ s of Rule 45(c)(3(A)(i1).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 30 of 50
A088 (Rev. 12/(7) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the ProoofService is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address ofServer
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden orExpense; Sanctions. A perty or attomey
responsible for Issuing and serving a subpoenamust take reasonable steps to avoidimposing undue burdenor axpense on a parson subject to the subpoena. The issuing courtmust anforce this duty and imposean appropriate sanction ~ i c h mayinclude losteamings and reasonable attorney's fees - on a partyor attorney who fails to comply.
(2) Command to Produce Materials or P e r m ~ Inspection.(A) A p ~ a r e n c e Not Required. A person commanded to produce documents.
electronically storedInformation, or tengible things, or to p e r m ~ the inspection of premises,need not appear in person at the place of production or inspection unless also commandedto appearfor a d e p o s ~ i o n , hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to p e r m ~ inspection mayserve on the party or attorneydesignated in thesubpoena a writtenobjection to inspecting, copying, testing or sampling any ora l l of thematerials or to inspecting the premIses - or to producingalectronically stored information intile form or forms requested. The objectionmust be served befora the earlier of the timaspecified for compliance or 14 deys aKer the subpoena is served. If an objection is made,the following rules apply:(i) At any l ime, on notica to the commanded person, the serving partymaymove the issuingcourt for an ordercompelling production or inspection.(Ii) These acts may be required only as directed in theordet, and the ordermust protect aperson who is neither a party nor a party's offICer from signiflC8nt expense resuKing fromcompliance.
(3) Quashing or Modifying a Subpoena.(A) When ReqUired. On timalymotion, the issuing court must quash or modify
a subpoena that:
ll feils to allow a reasonable time to comply;iI) requires a person whois neither a partynor a party's officer to traval more than 100miles from where that person resides, is employed, or regUlarly transacts business in person- except thet, subject to Rule 45{c){3)(B)(iil), the person may be commanded to attend a
trial by traveling from anysuch placa within the stale where the trial is held;(iii) requires disclosure of privilegad or other protected matter, If no exceptionorwaiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by asubpoena, the issuing courtmay, on motion, quash or modify the subpoena If requires:(i) disclosing a trede secretor other confidential research, development, or commercialinformation;(iiI disclosing an unretainad expert's opinion or informationthat does notdescribe specificoccurrences in dispute and resuKs from theexpert'sstudy that was not requested by aparty; or(iii) a person who is neither e party nor a party's officer to incursubstantial expense to travelmore than 100miles to attendtrial
(C) Specifying C o n d ~ i o n s as an AKernative. In the circumstances described in Rule 45{c)(3)(B)the court may, instead of quashing or modifying a subpoena, order appearance or production unspecified conditions If the serving party:(i) shows a substantial need for the testimony ormaterial thet cannot be otherwise met w ~ h o u tundue hardship; and
i i ensures that the subpoeneed personwill be reasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.1 Producing Oocumentsor Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A personresponding to e subpoena to produce documents must prodthem es they are kept in the ordinary course of business or mustorganize and label them tocorrespond to the categories in thedemand.(B) Form forProducing Electronically Stored Information Not Specified. If a subpoenedoesnot specifya form for producing electronically stored informetion, theperson responding mproduce In a form or forms in which i t i s ordinarily maintained or in a reasonably usable form oforms.(C) Electronically Stored Information Produced in Only One Form. The person responding neednot produce the same alectronically stored information in morethan one form.(0) Inaccessible Electronically Stored Information. The person responding naad not providediscovery of electronically stored information from sources that the person identifies as notreasonably accessible bacause of undue burdenor cos t. On motion to compel discovery or forprotective ordet, the person responding mustshow that the information is not reasonablyaccessible bacause of undue burden or cost. If that showing is made, the court maynonethelesorder discovery from such sources If the requestillQ party shows good cause, considering theI i m ~ a t i o n s of Rule 26{b)(2)(C). The court may specify c o n d ~ i o n s for the discovery.(2) Claiming Privilege or Protection.(A) Informalion Vv1Ihheld, A person withholding subpoeneed information under a claimthat is privilegad or subject to protection as trial-pteparation material must:(il expresslymake theclaim; and(iI) describe the natureof the w ~ h h e l d documants, communications, or tangible things in amann
that, without revaaling information "self privileged orprotected,will enable the parties to assessclaim.(B) Information Produced. If informationproduced in response to a subpoena is subjea claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party that received the informationof the claim and the basis f o r ~ . After being notifiepartymust promptlyretum, sequestar, or destroy the specified information and any copies hasmust notuse or disclose the informationuntil the claim is resolved; must take reasonable stepsretrieve the Information If the party disclosed before being notified; and maypromptlyprasenttinformation to the court under seal for a determination of the claim. The person whoproduced thinformationmust preserve the informationuntil the claim is rasolved.(e)CONTEMPT.tlie issuing courtmay hold in c o n t e m p t ~ r s o n who, having been served, fails without adequaexcuse to obey the subpoena. A nonpa sfailure to obey must be excused If the subpoenapurports to require the nonparty to atten or produce at apiece outside the I i m ~ s of Rule 45(c)(3(A)(i1).
________a_s_t_e_r_n DISTRICT OF C _ a _ l _ ~ _ · f_o_r_n_i_a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Ceci l ia Kaesler , D.O., Verdugo In ternal Medicine, Inc.
1890 Verdugo Blvd., Ste 200
Glendale, CA 91208
D 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
D YO U AR E COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
,CAl:, O,""OSmoN I,."",,,,.,YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subject , regardless of
date . Per ta in in g t o David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Court
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law O ffices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. FederalRules of Civil Procedura 45 (c). (d), & ( e) o n NextPage)
action is pending in district other then district of issuance, state district undar casa number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85775
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 31 of 50
A088 (Rev. 12/07) Subpoena in aCivil Case
Issued by the
UNITED STATES DISTRICT COURT
________a_s_t_e_r_n DISTRICT OF C _ a _ l _ ~ _ · f_o_r_n_i_a _
David F. Jadwin, D.O.
v.
County of Kern,e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Ceci l ia Kaesler , D.O., Verdugo In ternal Medicine, Inc.
1890 Verdugo Blvd., Ste 200
Glendale, CA 91208
D 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
D YO U AR E COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
,CAl:, O,""OSmoN I,."",,,,.,YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subject , regardless of
date . Per ta in in g t o David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law O ffices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. FederalRules of Civil Procedura 45 (c). (d), & ( e) o n NextPage)
action is pending in district other then district of issuance, state district undar casa number.
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Per sona l Servi ce
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on------------ate Signature of Server
20809 Higgin s Cou rt
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c)PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1' Avoiding Undue Burden or Expense; Sanctions. A partyor attorney
responsible for Issuing andserving a subpoena musttake reasonable steps to evoidimposing undue burden or expense on a person subject to the subpoena. The iSluing courtmustenforce this duty and impose an eppropriate sanction ~ i c h may include lost
eamings and reasonable attomey's fees - on a party or attorney whofeils to comply.(2) Command to Produce Materials or Perm" Inspection.(A) AppearenceNot Required. A person commended to produce documents,
electronicelly stored information, or tangible things, or to permit the inspection of premises,need not appeer in person at thepiece of production or inspection unless also commandedto eppear for a depos"ion. hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to perm" inspectionmey serve on the party or attorney designated in thesubpoena awrittenobjection to inspecting. copying, testing or sampling any or all of thematerials or to inspecting the premISes - or to producing electronically stored information intile form orforms requested. The objectionmustbe servedbefore the earlier of the timespecified for complianceor 14 days allerthe sUbpoene is served. If an objection is mede,the following rules apply:(i) At any lime, on notice to the commended person, the serving partymeymove the issuingcourt for an order compellingproduction or inspection.(ii) These scts may be required only as directed in the order, and the ordermust protect aperson who is ne"hera partynor a party's officer from signiflC8nt expense resulling fromcompliance.
(3) Quashing or Modifying s Subpoena.(A) When Required. On timely motion, the issuing court must quash ormodify
a subpoena that:(i) fails to allow a raasonable time to comply;(ii) requires a person who is ne"her a partynor e party's offlC8r to trevel morethan 100miles from where that person resides, is employed, or regularly transacts business in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commandedto attende
trial by traveling from any such placew"hin the stale where the trial is held;(iii) requires disclosura of privileged or otherprotectedmatter, Ifno exceptionorwaiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person SUbject too r affected by asubpoene, the issuing court may, on motion, quash or modify the subpoena If it requires:(i) disclosing a trade secretor other confidential research, development, or commercialinformation;(ii) disclosing en unretained expert's opinion or informetion thet does not describe specificoccurrences in disputeand resulls from theexpert'sstudy thet was not requested by aperty; or(iii) e person who is ne"her s party nor aparty's offlC8r to incur substantial expense to travelmore than 100 miles to attend trial
(C) Specifying Cond"ions esan Allemetive. In the circumstances described in Rule 45(c)(3)(B),the court may, insteed of quashing ormodifying a subpoena, order appearance or productIOn unspecified cond"ions If the serving party:(i) shows a sUbslantial need for the testimony ormaterielthet cannotbe otherwise metwithoutundue hardship; and
Ii) ensures that the subpoeneed person wil l be reasonably compensated.dl DUTIES IN RESPONDING TO A SUBPOENA.1l Producing Documentsor Electronically Stored Information. These procedures apply toproducing documentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documentsmust prodthem as they arekept in the ordinary courseof business or must organize and label them tocorrespond to the cetegories in the demand.(B) Form for Producing Electronicelly Stored Information Not Specified. If a subpoenadoes not specifya form for producingelectronically stored information, the person responding mproduce it 'in a form or forms in which it is ordinarilymaintained or in a reasonably usable form orforms.(C) Electronically Stored InformationProduced in OnlyOne Form. The person responding neednot produce the same electronically stored information in more than one form.(D) InecceSlible Electronically Stored Information. The person responding need not providediscovery of electronically stored information from sources that theperson identiftes as notreasonably eccessible because of undue burdenor cosl. Onmotion to compel discovery or for aprotective order, the person respondingmustshow that the information is not reasonablyaccessible because of undueburdenor cosl. If that showing is mede, the court maynonethelessorder discovery from such sources If the requesting party shows good ceuse, considering theIimllations of Rule 26(b)(2)(C). The courtmay specify cond"ions for the discovery.
1) Claiming Privilege or Protection.A) InformationWithheld, A personw"hholding subpoenaed informationunder a claimthet " is privileged or subjectto protection as trial-preparetionmaterialmust:
I, expresslymake theclaim; andi1) describe the natureof thew"hheld documents, communications, or tangible things in amannthat, wnhoul
revealing information "self privileged or protected,will enable
the partiesto assess t
cleim.(B) Information Produced. If informationproduced in response to e SUbpoena is subjeca claim of privilege or of protection as trial-preparation material, the person meking the claim manotify any party that received the informationof the claim and the basis for il. Aller being notifiedparty must promptly retum, sequester, or destroy the specified information and any copies it hasmustnot use or disclose the information until the claim is resolved; must take reasonable steps tretrieve the informetion If theparty disclosed it before beingnotified; and maypromptly present tinformation to the court under seal for e determinetionof the cla im. The person who produced thinformation mustpreserve the informationuntil the claim is resolved.(e)CONTEMPT.the issuing courtmay hold in contempt ~ r s o n who, having been served, fails without adequatexcuseto obey the subpoena. A nonpart sfailure to obey must be excused Ifthe SUbpoenapurports to require thenonparty to attan orproduce at a piece outside the limits of Rule 45(c)(3(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 32 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Per sona l Servi ce
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c)PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1' Avoiding Undue Burden or Expense; Sanctions. A partyor attorney
responsible for Issuing andserving a subpoena musttake reasonable steps to evoidimposing undue burden or expense on a person subject to the subpoena. The iSluing courtmustenforce this duty and impose an eppropriate sanction ~ i c h may include lost
eamings and reasonable attomey's fees - on a party or attorney whofeils to comply.(2) Command to Produce Materials or Perm" Inspection.(A) AppearenceNot Required. A person commended to produce documents,
electronicelly stored information, or tangible things, or to permit the inspection of premises,need not appeer in person at thepiece of production or inspection unless also commandedto eppear for a depos"ion. hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to perm" inspectionmey serve on the party or attorney designated in thesubpoena awrittenobjection to inspecting. copying, testing or sampling any or all of thematerials or to inspecting the premISes - or to producing electronically stored information intile form orforms requested. The objectionmustbe servedbefore the earlier of the timespecified for complianceor 14 days allerthe sUbpoene is served. If an objection is mede,the following rules apply:(i) At any lime, on notice to the commended person, the serving partymey move the issuingcourt for an order compellingproduction or inspection.(ii) These scts maybe required only as directed in the order, and the ordermust protect aperson who is ne"hera partynor a party's officer from signiflC8nt expense resulling fromcompliance.
(3) Quashing or Modifying s Subpoena.(A) When Required. On timely motion, the issuing court must quash ormodify
a subpoena that:(i) fails to allow a raasonable time to comply;(ii) requires a person who is ne"her a partynor e party's offlC8r to trevel more than 100miles from where that person resides, is employed, or regularly transacts business in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commandedto attende
trial by traveling from any such placew"hin the stale where the trial is held;(iii) requires disclosura of privileged or otherprotectedmatter, Ifno exceptionorwaiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person SUbject to or affected by asubpoene, the issuing court may, on motion, quash ormodify the subpoena If it requires:(i) disclosing a trade secretor other confidential research, development, or commercialinformation;(ii) disclosing en unretained expert's opinion or informetion thet does not describe specificoccurrences in disputeand resulls from theexpert'sstudy thet was not requested by aperty; or(iii) e person who is ne"her s party nor aparty's offlC8r to incur substantial expense to travelmore than 100 miles to attend trial
(C) Specifying Cond"ions esan Allemetive. In the circumstances described in Rule 45(c)(3)(B),the court may, insteed of quashing ormodifying a subpoena, order appearance or productIOn unspecified cond"ions If the serving party:(i) shows a sUbslantial need for the testimony ormaterielthet cannotbe otherwise metwithoutundue hardship; and
Ii) ensures that the subpoeneed person will be reasonably compensated.dl DUTIES IN RESPONDING TO A SUBPOENA.1l Producing Documentsor Electronically Stored Information. These procedures apply toproducing documentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documentsmust prodthem as they arekept in the ordinary courseof business or must organize and label them tocorrespond to the cetegories in the demand.(B) Form for Producing Electronicelly Stored Information Not Specified. If a subpoenadoes not specifya form for producingelectronically stored information, the person responding mproduce it 'in a form or forms in which it is ordinarilymaintained or in a reasonably usable form orforms.(C) Electronically Stored InformationProduced in OnlyOne Form. The person responding neednot produce the same electronically stored information in more than one form.(D) InecceSlible Electronically Stored Information. The person responding need not providediscovery of electronically stored information from sources that theperson identiftes as notreasonably eccessible because of undue burdenor cosl. Onmotion to compel discovery or for aprotective order, the person respondingmustshow that the information is not reasonablyaccessible because of undueburdenor cosl. If that showing is mede, thecourt maynonethelessorder discovery from such sources If the requesting party shows good ceuse, considering theIimllations of Rule 26(b)(2)(C). The courtmay specify cond"ions for the discovery.
1) Claiming Privilege or Protection.A) InformationWithheld, A personw"hholding subpoenaed informationunder a claimthet " is privileged or subjectto protection as trial-preparetionmaterialmust:
I, expresslymake theclaim; andi1) describe the natureof thew"hheld documents, communications, or tangible things in amann
that, wnhoul revealing information "self privileged or protected,will enable the parties to assess tcleim.(B) Information Produced. If informationproduced in response to e SUbpoena is subjeca claim of privilege or of protection as trial-preparation material, the person meking the claim manotify any party that received the informationof the claim and the basis for il. Aller being notifiedparty must promptly retum, sequester, or destroy the specified information and any copies it hasmustnot use or disclose the information until the claim is resolved; must take reasonable steps tretrieve the informetion If theparty disclosed it before beingnotified; and maypromptly present tinformation to the court under seal for e determinetionof the cla im. The person who produced thinformation mustpreserve the informationuntil the claim is resolved.(e)CONTEMPT.the issuing courtmay hold in contempt ~ r s o n who, having been served, fails without adequatexcuseto obey the subpoena. A nonpart sfailure to obey must be excused Ifthe SUbpoenapurports to require thenonparty to attan orproduce at a piece outside the limits of Rule 45(c)(3(A)(ii).
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Vincent Fortanasce, M.D., Neurology Consultants
655 W. Naomi Ave., Ste 201
Arcadia, CA 91007
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat i en t records r e la t ing to the above named records subject , regardless of
date . Perta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Court
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
",."" I"",,,,.,,TIM'
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (e), (d), & (e) on Next Page)
If action is pending in district other than district of issuance, state district under case number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85776
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 33 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Vincent Fortanasce, M.D., Neurology Consultants
655 W. Naomi Ave., Ste 201
Arcadia, CA 91007
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat i en t records r e la t ing to the above named records subject , regardless of
date . Perta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Court
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
",."" I"",,,,.,,TIM'
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (e), (d), & (e) on Next Page)
If action is pending in district other than district of issuance, state district under case number.
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of perjury under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
Date Signature of Server
20809 Higgin s Cou rt
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(3)Quashing orModifying a Subpoena.(A) When Required. On timely motion, the illuing court must quash or modify
a subpoena that:(i) fails to allow a reasonable time to comply:(ii) requires a personwho is nellher a party nora party's officer to travelmore than 100miles from where that person resides, is emp.loyed, or regularly transac18 businell in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commanded to attenda
trial by traveling from any such placeWithin the stale where the triel is held;(iii) requires disclosure of privileged or other protectedmetter, Wno exception or waiverapplies; or(iv) subjectsa person to undue burden.
(B) When Permilled. To protect a person sui?ject toor effected by aSUbpoena, the illuing court may, on motion, quash ormodifythe subpoene if II requires:(i) disclosing a trade secretor other confidential research, development, or commarcialinformation;(ii) disclosing an unratained expert's opinion or information thet does notdescribe specificoccurrences in dispute and resulls from the expert's stUdy that was not requested by aparty; or(iii) a personwho is nellher a party nora party's officer to incur substantial expense to travelmore than 100miles to attend trial
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions, A party or attomey
responsible for ISsuing and serving a subpoenamust take reasonable steps to avoidimposingundue burden or expense on a person subject to the subpoena, The illuing courtmust enforce this duty and impose an appropriate sanction_hich may include lost
eamings and reasonable attomey's fees - ona party orattorney whofails to comply.
l2) Command toProduceMaterials or Perm"Inspection.A) Appearance NotRequired. A person commanded to produce documants,electronically stored information, ortangible things, or to perm"the inspection of premises,need not appear in person at theplace of productionor inspection unlell also commandedto appear fora depos"ion, heering, ortrial.
(B) Objections. A person commanded toproduce documentsor tangiblethings orto permitinspection may serve on the party or attomeydesignated in thesubpoenaawrillan objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premISes - or to producing alectronically stored information intile fo rm or forms requested. The objectionmust be served before the earliet of the timespecified for compliance or 14 days aller the subpoena is served. If an objection is made,the following rules apply:(i) At any lime, on notice to the commandedperson, the serving pertymay move the illulngcourt for an order compelling production or inspection.(ii) These acts may be required only as directed in the order, andthe ordermust protect aperson who is neither a party nora party's officer from significant expense resulting fromcompliance.
(C) Specifying Condllions as an Allemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of queshing ormodifying a subpoena, order appearance or production unspacifled cond"ionsWhe serving party:(i) shows a substantial need for thetestimony ormaterial that cannot be otherwise metwithoutunduehardship; and
Ii) ensures that the subpoeneed personwill be reasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.1l Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documentsmust prodthem as they are kept inthe ordinary course of buSinell or mustorganize and label them tocorrespond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If e subpoenadoes not specify e form for producing electronically stored information, the person responding mproduce I I in e form orforms in which it is ordinarily maintained or in a reasonably usable form orforms.(C) Electronically Stored Information Produced in Only One Form. The person responding neednotproduce the seme electronically stored information in more than one form.(D) Ineccellible Electronically Stored Information.The personresponding neednot providediscovery of electronically storedinformation from sourcas that theperson identifies as notreasonably accanible because of undue burdenor cos t. Onmotionto compel discovery orfor aprotective order, thepersonresponding must show that the information is not reasonablyaccessible because of undue burden or cost. If that showing is made, the court maynonethelessorderdiscovery from such sourcesWhe requesti"l! party shows good cause, considering theIIm"ations of Rule26(b)(2)(C). The court may specify condllions forthe discovery.
l2) Claiming l'irivllege orProtection.A) InformationWithheld, A personwllhholding subpoenaed information undera claimthat" is privileged or subject to protection as trial-preparation materialmust:
l1expresslymake theclaim; andi1) describe the natureof thewllhheld documents, communications, ortangible things in amann
that, wllhout revealing information "self privileged or protected, will enable the parties to assellclaim.(B) Information Produced. If information produced in response to a subpoena is subjeca claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party thet received the informationof theclaim and the basis for it. After being notifiedpartymust promptly retum, sequester, or destroy the specified information and any copies" hasmust notuse or disclose the information until the claim is resolved; must take reasonable steps tretrieve the informationWhe party disclosed" beforebeingnotified; and maypromptlypresent tinformation to the court under seal for a determination of the claim. The person who produced thinformation mustpreserve the informationuntil the claim is resolved.(e) CONTEMPT.the illuing courtmayhold in c o n t e m P t ~ s o n who, having been served, fails w"hout adequatexcuseto obey the subpoena. A nonpa sfailure to obey must be excused Whe subpoenapurports to require the nonparty to atten or produce at a place outside the lim lis of Rule 45(c)(3)(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 34 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OFSERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of perjury under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
Date Signature of Server
20809 Higgin s Cou rt
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(3)Quashing orModifying a Subpoena.(A) When Required. On timely motion, the illuing court must quash or modify
a subpoena that:(i) fails to allow a reasonable time to comply:(ii) requires a personwho is nellher a party nora party's officer to travelmore than 100miles from where that person resides, is emp.loyed, or regularly transac18 businell in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commanded to attenda
trial by traveling from any such placeWithin the stale where the triel is held;(iii) requires disclosure of privileged or other protectedmetter, Wno exception or waiverapplies; or(iv) subjectsa person to undue burden.
(B) When Permilled. To protect a person sui?ject toor effected by aSUbpoena, the illuing court may, on motion, quash ormodifythe subpoene if II requires:(i) disclosing a trade secretor other confidential research, development, or commarcialinformation;(ii) disclosing an unratained expert's opinion or information thet does notdescribe specificoccurrences in dispute and resulls from the expert's stUdy that was not requested by aparty; or(iii) a personwho is nellher a party nora party's officer to incur substantial expense to travelmore than 100miles to attend trial
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions, A party or attomey
responsible for ISsuing and serving a subpoenamust take reasonable steps to avoidimposingundue burden or expense on a person subject to the subpoena, The illuing courtmust enforce this duty and impose an appropriate sanction_hich may include lost
eamings and reasonable attomey's fees - ona party orattorneywhofails to comply.
l2) Command toProduceMaterials or Perm" Inspection.A) Appearance NotRequired. A person commanded to produce documants,electronically stored information, ortangible things, or to perm"the inspection of premises,need not appear in person at theplace of productionor inspection unlell also commandedto appear fora depos"ion, heering, ortrial.
(B) Objections. A person commanded toproduce documentsor tangiblethings orto permitinspection may serve on the party or attomeydesignated in thesubpoenaawrillan objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premISes - or to producing alectronically stored information intile fo rm or forms requested. The objectionmust be served before the earliet of the timespecified for compliance or 14 days aller the subpoena is served. If an objection is made,the following rules apply:(i) At any lime, on notice to the commandedperson, the serving pertymay move the illulngcourt for an order compelling production or inspection.(ii) These acts may be required only as directed in the order, andthe ordermust protect aperson who is neither a party nora party's officer from significant expense resulting fromcompliance.
(C) Specifying Condllions as an Allemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of queshing ormodifying a subpoena, order appearance or production unspacifled cond"ionsWhe serving party:(i) shows a substantial need for thetestimony ormaterial that cannot be otherwise metwithoutunduehardship; and
Ii) ensures that the subpoeneed personwill be reasonably compensated.d DUTIES IN RESPONDING TO A SUBPOENA.1l Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically stored information:(A) Documents. A person responding to a subpoena to produce documentsmust prodthem as they are kept inthe ordinary course of buSinell ormustorganize and label them tocorrespond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If e subpoenadoes not specify e form for producing electronically stored information, the person responding mproduce I I in e form orforms in which it is ordinarily maintained or in a reasonably usable form orforms.(C) Electronically Stored Information Produced in Only One Form. The person responding neednotproduce the seme electronically stored information in more than one form.(D) Ineccellible Electronically Stored Information.The personresponding neednot providediscovery of electronically storedinformation from sourcas that theperson identifies as notreasonably accanible because of undue burdenor cos t. Onmotionto compel discovery orfor aprotective order, thepersonresponding must show that the information is not reasonablyaccessible because of undue burden or cost. If that showing is made, the court maynonethelessorderdiscovery from such sourcesWhe requesti"l! party shows good cause, considering theIIm"ations of Rule26(b)(2)(C). The court may specifycondllions forthe discovery.
l2) Claiming l'irivllege orProtection.A) InformationWithheld, A personwllhholding subpoenaed information undera claimthat" is privileged or subject to protection as trial-preparation materialmust:
l1expresslymake the claim; andi1) describe the natureof thewllhheld documents, communications, ortangible things in amann
that, wllhout revealing information "self privileged or protected, will enable the parties to assellclaim.(B) Information Produced. If information produced in response to a subpoena is subjeca claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party thet received the informationof theclaim and the basis for it. After being notifiedpartymust promptly retum, sequester, or destroy the specified information and any copies" hasmust notuse or disclose the information until the claim is resolved; must take reasonable steps tretrieve the informationWhe party disclosed" beforebeingnotified; and maypromptlypresent tinformation to the court under seal for a determination of the claim. The person who produced thinformation mustpreserve the informationuntil the claim is resolved.(e) CONTEMPT.the illuing courtmayhold in c o n t e m P t ~ s o n who, having been served, fails w"hout adequatexcuseto obey the subpoena. A nonpa sfailure to obey must be excused Whe subpoenapurports to require the nonparty to atten or produce at a place outside the lim lis of Rule 45(c)(3)(A)(ii).
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'_a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Casa Col in a Cen te rs for Rehab
255 E. Bonita Ave.
Pomona, CA 91767
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
' ' ' ' ' ' 'O""O"TION I,..",.,"'"YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pa t ien t records r e la t ing to the above named records subject , regardless of
date . Pertaining to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify, Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (c), (d), & <e) on NextPage)
If action is pending in district other than district of issuance, state district under case number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85777
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 35 of 50
A088 ~ R e v . 12/07) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'_a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Casa Col in a Cen te rs for Rehab
255 E. Bonita Ave.
Pomona, CA 91767
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
' ' ' ' ' ' 'O""O"TION I,..",.,"'"YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pa t ien t records r e la t ing to the above named records subject , regardless of
date . Pertaining to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each persondesignated, the matters on which the person will testify, Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. Federal Rules of Civil Procedure 45 (c), (d), & <e) on NextPage)
If action is pending in district other than district of issuance, state district under case number.
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Per sona l Servi ce
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
Date Signature of Server
20809 Higgi ns Cou rt
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for Issuing and serving a subpoena must take reasonable steps to avoidimposing undue burden or expenseon a person subject to the subpoena. The issuing courtmustenforce this duty and imposean appropriate sanction -which may include lost
earnings and reasonable attorney's fees - on a party or attorneywho fails to comply.
l2) Command to ProduceMaterials or Permit Inspection.A) Appearance Not Required. A person commanded to produce documents,electronically stored information, or tangible things, or to permil the inspection of premises,neednot appear in person at the place of production or inspection unless also commandedto appear for a deposilion, hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings or to permit inspectionmayserve on the party or attorney designated in thesubpoena a written objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premises- or to producing electronically stored information intile form orforms requested. The objectionmustbe served before the earlier of the timespecified for compliance or 14 days ailer the subpoena is served. If an objection is made,the following rules apply:(i) At any lime, on notice to the commanded person, the serving party maymove the issuingcourt for an order compellinll production or inspection.(ii) These acts maybe required only ss directed in the order, and the ordermust protect aperson who is neither a party nor a party's officer from significant expense resuiling fromcompliance.
(3) Quashing orModifying a SUbpoena.(A) When Required. On timelymotion, the issuing court must quashor modify
a SUbpoena thal:
I) fails to allow a reasonable time to comply;il) requires a person who is neilher a party nora party's officer to travel more than 100miles from where that person resides, is employed, or regularty transacts business in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commanded to attendatrial by traveling from any such place wilhin the stale where the trial is held;(iii) requires disclosure ofprivileged or other protected matter, If noexception orwaiverepplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affectedby asubpoena, the issuing court may, on motion, quash ormodifythe subpoena If iI requires:(i) disclosing a trade secretor otherconfidential research, development, or commercialinformation;(ii) disclosing an unretainedexpert's opinion or information thet does notdescribe specificoccurrences in dispute and resuils from theexpert's study that was not requested by aparty; or(iii) a person who is neilher a perty nor a party's officer to incursubstantial expense to travelmore than 100miles to attend trial
(C) Specifying Condilions as an Ailemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of quashing or modifying a subpoena, order appearance or production unspecifIed condilions If the lerving party:(i) shows a substantial need for the testimony or material that cannot be otherwise met wilhoutundue hardship; and
Ii) enlures that the subpoenaedperson will be reasonably compensated.dl DUTIES IN RESPONDING TO A SUBPOENA.11 Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically Itored information:(A) Documents. A person responding to a subpoena to produce documents mustprodthem as they are kept in the ordinary course of business or mustorganize and label them tocorrespond to the categories in the demand.(B) Form forProducing Electronically Stored Information Not Specified. If a subpoenadoes not specifya form for producing electronically stored information, thaperson responding mproduce it In a form orforml in which iI is ordinarily maintained or in a reasonably usable form oforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot produce the same electronically stored information in morethan one form.(D) InaccessibleElectronically Stored Information. The person responding need not prOVidedilcovery of electronically stored information from lources that the person identifies as notreasonably acceslible becaule of undue burden or cos t. On motion to compel discovery or forprotective order, theperson respondingmustshow that the information il not reasonablyaccessible because of undue burden or cost. If that showing is made, the court may nonethelesordar discovery from such sources If the requestinll party showsgood cause, considering theIimilations ofRule 26(b)(2)(C). The court mayspecify condilions for tha discovery.(2) Claiming PriVilege or Protection.(A) Information \lVithheld, A person wilhholding subpoenaed information under a claimthat iI is privileged or subject to protection as trial-praparation material musl:(i) expresslymake theclaim; and(iI) deacribe thenature of tha withheld documants, communications, or tangible things in amannthat, wilhout revealing information itself privileged or protected, will enable the parties to assessclaim.(B) Information Produced. If informationproduced in response to a subpoena is SUbjea claim of privilege or of protection as trial-preparation material, theperson making the claim manotify any party that received the information of the claim and the basis for it. After being notifiedpartymustpromptly retum, sequester, or destroy the specifl8d informationand any copies i I hasmust notusa or disclose the informationuntil the claim is resolved; must take reasonable stepsretrieve the informationIf theparty disclosed it before being notified; and may promptly present tinformation to thecourt under seal for a determination of the claim. The person who produced thinformation must presarve the informationuntil the claim is resolved.(e) CONTEMPT.the issuing courtmay hold in c o n t e m P t ~ r s o n who, having been served, feils wilhout adequaexcule to obey the subpoene. Anonpa sfailure to obeymust be excused If the subpoenepurports to require the nonparty to atten orproduce at a place outside the limils of Rule 45(c)(3(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 36 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Per sona l Servi ce
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States ofAmerica that the foregoing information contained in the Prooof Service is true and correct.
Executed on
Date Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for Issuing and serving a subpoena must take reasonable steps to avoidimposing undue burden or expenseon a person subject to the subpoena. The issuing courtmustenforce this duty and imposean appropriate sanction -which may include lost
earnings and reasonable attorney's fees - on a party or attorneywho fails to comply.
l2) Command toProduceMaterials or Permit Inspection.A) Appearance Not Required. A person commanded to produce documents,electronically stored information, or tangible things, or to permil the inspection of premises,neednot appear in person at the place of production or inspection unless also commandedto appear for a deposilion, hearing, or trial.
(B) Objections. A person commanded to produce documentsor tangiblethings orto permit inspectionmayserve on the party or attorney designated in thesubpoena a written objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premises- or to producing electronically stored information intile form orforms requested. The objectionmustbe served before the earlier of the timespecified for compliance or 14 days ailer the subpoena is served. If an objection is made,the following rules apply:(i) At any lime, on notice to the commanded person, the serving party maymove the issuingcourt for an order compellinll production or inspection.(ii) These acts maybe required only ss directed in the order, and the ordermust protect aperson who is neither a party nor a party's officer from significant expense resuiling fromcompliance.
(3) Quashing orModifying a SUbpoena.(A) When Required. On timelymotion, the issuing court must quashor modify
a SUbpoena thal:
I) fails to allow a reasonable time to comply;il) requires a person who is neilher a party nora party's officer to travel more than 100miles from where that person resides, is employed, or regularty transacts business in person- except that, subject to Rule 45(c)(3)(B)(iil), the person maybe commanded to attendatrial by traveling from any such place wilhin the stale where the trial is held;(iii) requires disclosure ofprivileged or other protected matter, Ifnoexception orwaiverepplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affectedby asubpoena, the issuing court may, on motion, quash ormodifythe subpoena If iI requires:(i) disclosing a trade secretor otherconfidential research, development, or commercialinformation;(ii) disclosing an unretainedexpert's opinion or information thet does notdescribe specificoccurrences in dispute and resuils from theexpert's study that was not requested by aparty; or(iii) a person who is neilher a perty nor a party's officer to incursubstantial expense to travelmore than 100miles to attend trial
(C) Specifying Condilions as anAilemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of quashing or modifying a subpoena, order appearance or production unspecifIed condilions Ifthe lerving party:(i) shows a substantial need for the testimony or material that cannot be otherwise met wilhoutundue hardship; and
Ii) enlures that the subpoenaedperson will be reasonably compensated.dl DUTIES IN RESPONDING TO A SUBPOENA.11 Producing Documents or Electronically Stored Information. These procedures apply toproducingdocumentsor electronically Itored information:(A) Documents. A person responding to a subpoena to produce documents mustprodthem as they are kept in the ordinary course of business or mustorganize and label them tocorrespond to the categories in the demand.(B) Form forProducing Electronically Stored Information Not Specified. If a subpoenadoes not specifya form for producing electronically stored information, thaperson responding mproduce it In a form orforml in which iI is ordinarily maintained or in a reasonably usable form oforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot produce the same electronically stored information in morethan one form.(D) InaccessibleElectronically Stored Information. The person responding need not prOVidedilcovery of electronically stored information from lources that the person identifies as notreasonably acceslible becaule of undue burden or cos t. On motion to compel discovery or forprotective order, theperson respondingmustshow that the information il not reasonablyaccessible because of undue burden or cost. If that showing is made, the court may nonethelesordar discovery from such sources If the requestinll party showsgood cause, considering theIimilations ofRule 26(b)(2)(C). The court mayspecify condilions for tha discovery.(2) Claiming PriVilege or Protection.(A) Information \lVithheld, A person wilhholding subpoenaed information under a claimthat iI is privileged or subject to protection as trial-praparation material musl:(i) expresslymake theclaim; and(iI) deacribe thenature of tha withheld documants, communications, or tangible things in amannthat, wilhout revealing information itself privileged or protected, will enable the parties to assessclaim.(B) Information Produced. If informationproduced in response to a subpoena is SUbjea claim of privilege or of protection as trial-preparation material, theperson making the claim manotify any party that received the information of the claim and the basis for it. After being notifiedpartymustpromptly retum, sequester, or destroy the specifl8d informationand any copies i I hasmust notusa or disclose the informationuntil the claim is resolved; must take reasonable stepsretrieve the informationIf theparty disclosed it before being notified; and may promptly present tinformation to thecourt under seal for a determination of the claim. The person who produced thinformation must presarve the informationuntil the claim is resolved.(e) CONTEMPT.the issuing courtmay hold in c o n t e m P t ~ r s o n who, having been served, feils wilhout adequaexcule to obey the subpoene. Anonpa sfailure to obeymust be excused If the subpoenepurports to require the nonparty to atten orproduce at a place outside the limils of Rule 45(c)(3(A)(ii).
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Christopher J. Charbonnet, M.D., The Foothill Center fo r Wellness & Pain Manageme
1505 Wilson Terrace, Ste 240Glendale, CA 91206
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pa t ien t records r e la t ing to the above named records subject , regardless of
d at e. P er ta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
' "" ' ' ' ' ' I-DA-T-E-AN-D-T-IM-E-----------
organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,ormanaging agents, or other persons who consent to testify on its behalf, and may set forth, for each person
the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
for Counsel for Defendant,
OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45, Federal Rules of Civil Prooedure 45 (e), (d), & (e) on Next Page)
action is pending in district other than district of issuance, state district under case number,
DATE
May 2, 2008
(916) 444-6400
Ref#: 85778
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 37 of 50
A088 (Rev, 12/07) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_'a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Christopher J. Charbonnet, M.D., The Foothill Center fo r Wellness & Pain Manageme
1505 Wilson Terrace, Ste 240Glendale, CA 91206
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pa t ien t records r e la t ing to the above named records subject , regardless of
d at e. P er ta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Cou rt
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
' "" ' ' ' ' ' I-DA-T-E-AN-D-T-IM-E-----------
organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,ormanaging agents, or other persons who consent to testify on its behalf, and may set forth, for each person
the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6)
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANT)
for Counsel for Defendant,
OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attention: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45, Federal Rules of Civil Prooedure 45 (e), (d), & (e) on Next Page)
action is pending in district other than district of issuance, state district under case number,
A088 (Rev. 12/07) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1 )Avoiding Undue Burden or Expense; Sanctions. Aperty or attorney
responsible for issuing and serving a subpoenamust laka raasonable steps to avoidimposing undue burden or expense on a person subjac:t to the subpoena. The issuing courtmust enforce this duty and impose an appropriate sanction -whichmay include lost
earnings and reasonable attorney's fees - on a partyor attorney who fails to comply.(2) Command to Produce Materials or Permij Inspac:tion.(A) Appearance Not Required. A person commanded to produce documents,
electronically stored information, or tangible things, or to permit the inspac:tion ofpremises,need not appear in person at the place of production or inspac:tion unless also commandedto appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection may serve on the party or attorney designated in thesubpoena awritten objac:tion to inspec:ling, copying, testing or sampling any or all of thematerials or to inspac:tlng the premises - or to producing elec:lronically stored information intile fo rm or forms requested. The objac:tion must be servedbefore the eartiar of the timaspecified for compliance or 14 days aller the subpoena is served. If an objac:tion is made,the following rules epply;(i) At any lime. on notic:a to the commanded person, the serving party maymove the issuingcourt for an ordercompelling production or inspac:tion.(ii) These acts maybe required only as dirac:ted in theorder, and the order must protectaperson who is neijher a party nora party's otrJC8f' from signiflC8nt expense resulling fromcompliance.
1) Quashing or Modifying a Subpoena.A) 'MIen Required. On timelymotion, the issuing court must quash ormodify
a subpoena that(i) fails to allow a reasonable time to comply;(i1) requires a person who is neither aparty nora party's officer to travel more than 100miles from whare that person resides. is amployed, or regularty transac:ts business in person- except that, subjec:l to Rule 45(c)(3)(B)(iil), the person maybe commanded to attendatrial by traveling from any such place Within the stala where the trial is held;
(iii) requires disclosure of privileged or otherprotactedmatter, if no exceptionor waiverapplias; or(iv) subjects a person to undue burden.
(B) 'MIan Permitted. To protecta person subject to or affected by asubpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:(i) disclosing a trade secret or otherconfidantial research, development, or commercialinformation;(ii) disclosing an unretained expert's opinion or informationthat does not describe specificoc:c:urrances in dispute and results from the expert's study that was not requested by aparty; or(iii) a person who is neijher a party nor a party's officer to incur substantial expense to travelmore than 100miles to attand trial
(C) Specifying Condijions as an Allemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of quashing or modifying a subpoena, order appearance or production unspecified conditions if the serving party;(i) shows a substantial need for the tastimony or material that cannot be otherwise met withoutunduehardship; and
(Ii) ensures thet the subpoeneed person will be raasonably compensated.(d) DUTIES IN RESPONDING TO A SUBPOENA.(1) Producing Documents or Elec:tronic:ally Stored Information. These procedures apply toproducingdocumentsor elec:tronic:ally stored information;(A) Documents. A person responding to a subpoena to produce documents mustprodthem as they are kept in the ordinary courseof businass or mustorganize and label them tocorrespond to the categories in the demand.(B) Form for Producing EIec:tronic:a11y Stored Information Not Spec:ifl9d. If a subpoenadoes not specify a form for producing elec:tronic:ally stored information, the person responding mproduce i t in a (orm or forms in which" is ordinarily maintained or in a reasonably usable form oforms.(C) Elec:lronically Stored Information Produced i n Only One Form. The person responding neednot produce the same elec:tronically stored information in more then one form.(D) Inecc:essible Elec:tronic:ally Stored Information. The person responding need not providediscovery of elec:tronically stored information from sources that the person identifies as notreasonablyeccessible because of undue burdenor cos t. On motion to compel diac:overy or for aprotectiveorder, the person respondingmustshow thet the information is not reasonablyaccessible because of undue burdenor cost. If thet showing il made, the court may nonethelesorder dilcovery from luch SOUrcel if the requestinqparty shows good cause, considering theIImijations of Rule 26(b)(2)(C). The court may specify condijions (or the dilcovery.(2) CleimingPrivilege orProtac:tion.(A) InformationWithheld, A person withholding subpoenaedinformationundera claimthat it is privileged or subject to protection al trial..preperation material must(il expresslymake theclaim; and(il) deacribe thenature of thewithheld documents, communications, or tangible things in amannthat, w"hout revealing information ijself privileged or protec:led, will enable the parties to assess
claim.(B) Information Produced. If information produced in relponse to a subpoena is subjea claim of privilege or of protectional trial-preparation material, the person making the claim manotify any party that received the informationof the claim andthe basis for it. After being notifl9dparty mUltpromptly return, sequelter, or destroy the lpecified informationand any copies it hasmust not use or diaclose the informetionuntil the claim is relolved; must take reasonable steplretrieve tha informetion if the partydi lcloled ij before being notified; and maypromptly present tinformation to the court under seal for a determination of the claim. The person who produced thinformationmust preserve the informationuntil the claim il relolved.(e) CONTEMPT.TIie ilsuing court mey hold in c o n t e m P t ~ r s o n who, having been served, fails w ~ o u t adequaexcuse to obey the subpoena. Anonpa sfailure to obey must be excused if the subpoenapurports to require the nonparty to atten orproduce at a place outside the limits ofRule 45(c)(3(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 38 of 50
A088 (Rev. 12/07) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of p e ~ u r y under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1 )Avoiding Undue Burden or Expense; Sanctions. Aperty or attorney
responsible for issuing and serving a subpoenamust laka raasonable steps to avoidimposing undue burden or expense on a person subjac:t to the subpoena. The issuing courtmust enforce this duty and impose an appropriate sanction -whichmay include lost
earnings and reasonable attorney's fees - on a partyor attorneywho fails to comply.(2) Command to Produce Materials or Permij Inspac:tion.(A) Appearance Not Required. A person commanded to produce documents,
electronically stored information, or tangible things, or to permit the inspac:tion ofpremises,need not appear in person at the place of production or inspac:tion unless also commandedto appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection mayserve on the party or attorney designated in thesubpoena awritten objac:tion to inspec:ling, copying, testing or sampling any or all of thematerials or to inspac:tlng the premises - or to producing elec:lronically stored information intile fo rm or forms requested. The objac:tion must be servedbefore the eartiar of the timaspecified for compliance or 14 days aller thesubpoena is served. If an objac:tion is made,the following rules epply;(i) At any l ime. on notic:a to the commanded person, the serving party maymove the issuingcourt for an ordercompelling production or inspac:tion.(ii) These acts maybe required only as dirac:ted in theorder, and the order must protectaperson who is neijher a party nora party's otrJC8f' from signiflC8nt expense resulling fromcompliance.
1) Quashing or Modifying a Subpoena.A) 'MIen Required. On timelymotion, the issuing court must quash ormodify
a subpoena that(i) fails to allow a reasonable time to comply;(i1) requires a person who is neither aparty nora party's officer to travel more than 100miles from whare that person resides. is amployed, or regularty transac:ts business in person- except that, subjec:l to Rule 45(c)(3)(B)(iil), the person maybe commanded to attendatrial by traveling from any such place Within the stala where the trial is held;(iii) requires disclosure of privileged or otherprotactedmatter, if no exceptionor waiverapplias; or(iv) subjects a person to undue burden.
(B) 'MIan Permitted. To protecta person subject to or affected by asubpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:(i) disclosing a trade secret or otherconfidantial research, development, or commercialinformation;(ii) disclosing an unretained expert's opinion or informationthat does not describe specificoc:c:urrances in dispute and results from the expert's study that was not requested by aparty; or(iii) a person who is neijher a party nor a party's officer to incur substantial expense to travelmore than 100miles to attand trial
(C) Specifying Condijions as an Allemative. In the circumstances described in Rule 45(c)(3)(B),the court may, instead of quashing or modifying a subpoena, order appearance or production unspecified conditions if the serving party;(i) shows a substantial need for the tastimony or material that cannot be otherwise met withoutunduehardship; and
(Ii) ensures thet the subpoeneed person will be raasonably compensated.(d) DUTIES IN RESPONDING TO A SUBPOENA.(1) Producing Documents or Elec:tronic:ally Stored Information. These procedures apply toproducingdocumentsor elec:tronic:ally stored information;(A) Documents. A person responding to a subpoena to produce documents must prodthem as they are kept in the ordinary courseof businass ormustorganize and label them tocorrespond to the categories in the demand.(B) Form for Producing EIec:tronic:a11y Stored Information Not Spec:ifl9d. If a subpoenadoes not specify a form for producing elec:tronic:ally stored information, the person responding mproduce it in a (orm or forms in which" is ordinarily maintained or in a reasonably usable form oforms.(C) Elec:lronically Stored Information Produced in Only One Form. The person responding neednot produce the same elec:tronically stored information in more then one form.(D) Inecc:essible Elec:tronic:ally Stored Information. The person responding need not providediscovery of elec:tronically stored information from sources that the person identifies as notreasonablyeccessible because of undue burdenor cos t. On motion to compel diac:overy or for aprotectiveorder, the person respondingmustshow thet the information is not reasonablyaccessible because of undue burdenor cost. If thet showing il made, the court may nonethelesorder dilcovery from luch SOUrcel if the requestinqparty shows good cause, considering theIImijations of Rule 26(b)(2)(C). The court may specify condijions (or the dilcovery.(2) CleimingPrivilege orProtac:tion.(A) InformationWithheld, A person withholding subpoenaedinformationundera claimthat it is privileged or subject to protection al trial..preperation material must(il expresslymake theclaim; and(il) deacribe thenature of thewithheld documents, communications, or tangible things in amannthat, w"hout revealing information ijself privileged or protec:led, will enable the parties to assess
claim.(B) Information Produced. If information produced in relponse to a subpoena is subjea claim of privilege or of protectional trial-preparation material, the person making the cla im manotify any party that received the informationof the claim andthe basis for it. After being notifl9dparty mUltpromptly return, sequelter, or destroy the lpecified informationand any copies i t hasmust not use or diaclose the informetionuntil the claim is relolved; must take reasonable steplretrieve tha informetion if the partydi lcloled ij before being notified; and may promptly present tinformation to the court under seal for a determination of the claim. The person who produced thinformationmust preserve the informationuntil the claim il relolved.(e) CONTEMPT.TIie ilsuing court mey hold in c o n t e m P t ~ r s o n who, having been served, fails w ~ o u t adequaexcuse to obey the subpoena. Anonpa sfailure to obey must be excused if the subpoenapurports to require the nonparty to atten orproduce at a place outside the limits ofRule 45(c)(3(A)(ii).
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_·a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Michael Cann, M.D.
1818 Verdugo Blvd., Ste 201
Glendale, CA 91208
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
"" ' ' ' 0 ' "'o,mo' I_DA_T_E_A_ND_T_IM_E _
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subject , regardless of
d at e. P er ta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Court
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
"' ' '" ' ' ' ' ;-DA-T-E-A-ND-T-IM-E-----------
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,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)ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. FederalRules of Civil Procedure 45 (e), (d), & (e) on Neld Page)
If action is pending in district other than district of issuance, stetedistrict under case number.
DATE
May 2, 2008
(916) 444-6400
Ref#: 85779
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 39 of 50
A088 (Rev. 12/07) Subpoena in a Civil Case
Issued by theUNITED STATES DISTRICT COURT
_______E_a_s_t_e_r_n DISTRICT OF C_a_l_i_f_o_r_n_l_·a _
David F. Jadwin, D.O.
v.County of Kern, e t a l .
To Custodian of Records of:
SUBPOENA IN A CIVIL CASE
1CASE NUMBER: 1: 07-cv00026-0WW-TAG
Michael Cann, M.D.
1818 Verdugo Blvd., Ste 201
Glendale, CA 91208
D 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
D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case
"" ' ' ' 0 ' ",o,mo, I_DA_T_E_A_ND_T_IM_E _
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
All pat ient records r e la t ing to the above named records subject , regardless of
d at e. P er ta in in g to David F. Jadwin
PLACECopyPage Records Retr ieval Systems
20809 Higgins Court
Torrance, CA 90501
DATE AND TIME
5/21/2008
10:00 AM
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
"' ' '" ' ' ' ' ;-DA-T-E-A-ND-T-IM-E-----------
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one ormore officers,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)ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
Attorney for Counsel for Defendant,
ISSUING OFFICER'S NAME, ADDRESS, AND TELEPHONE NUMBER
Law Offices of Mark A. Wasser / Attent ion: Mark A.
Wasser
400 Capitol Mall, Ste. 1100, Sacramento, CA 95814
(See Rule 45. FederalRules of Civil Procedure 45 (e), (d), & (e) on Neld Page)
If action is pending in district other than district of issuance, stetedistrict under case number.
A088 (Rev. 12/07) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey
responsible for Issuing and serving a subpoena must take reasonable staps to avoidimposing undue burden or expenseon a person subject to the subpoena. The issuing courtmust enforce this duty and impose an appropriate sanction -which may include losteamings and reasonable attorney's fees- on a party or attorneywho fails to comply.
(2) Command to Produce Materials or Permillnspection.(A) Appearance Not Required. A person commanded toproduce documents,
electronicelly stored information, or tangible things, or to permil the inspection of premises.need not appear in person at the place of production or inspection unless also commandedto appear for a deposition, hearing, or trial.
(B) Objections. A person commended to produce documents or tangiblethings or to permit inspection may serve on the party or attorneydesignated in thesubpoena awrillen objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premises - orto producing electronically stored information intile form orforms requested. The objectionmustbe served before the earlier of the timespecified for compliance or 14 daysatter the subpoena is served. Wan objection is made,the following rules apply:( i) At any l ime. on notice to the commanded person.the serving perty maymove the issuingcourt for an order compellinp production or inspection.(ii) These acts may be required only as directed in the order, and the ordermustprotect aperson who is neilher a party nora party's offlC8r from signifICant expense resutting fromcompliance.
l3) Quashing orModifying a SUbpoena.A) When Required. On timely motion, the issuing court mustquash ormodifya subpoena that:(i) fails to allow a reasonable time to comply;(ii) requires a person who is neilher a party nor a party's officer to travel more than 100miles from where that person resides, is employed, or regularty transacts business in person- except that, subject to Rule 45(c)(3)(B)(ii'), the person maybe commandedto attend atrial by traveling from any such place Within the stale where the trial is held;
(iii) requires disclosureof
privileged or other protectedmatter, no exception or waiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by asubpoena, the issuing court may, on motion, quash or modify the subpoena it requires:(i) disclosing a trade secret or other confidential research, development, or commercielinformetion;(ii) disclosing an unretainedexpert's opinion Or information that does not describe specificoccurrences in dispute and resutts from theexpert's study that was not requested by aparty; or(iii) a person who is neither a perty nore party's officer to incur substential expense to travelmore than 100 miles to attend trial
(C) Specifying Condilions asan AAemative. In the circumstances described in Rule 45(c)(3)(B),the court mey, insteed of quashing or modifying a subpoena, order appearance or production unspecified condilionsnthe serving party:(i) shows a substantial need for the testimonyor material that cannot be otherwise metwilhoutundue hardship; and(i1) ensures that the subpoenaed person will be reasonably compensated.(d) DUTIES IN RESPONDING TO A SUBPOENA.(1) Producing Documants or Electronically Stored Information. These procedures apply toproducing documentsor electronically stored information:(A) Documents. A person responding to a subpoene to produce documents must prodthem es they are kapt in the ordinary course of business or must organize and label them tocorrespond to the categories in the demand.(B) Form forProducing Electronically Stored InformationNot Specified. Wa subpoenadoes not specify a form for producing electronically stored information, the person responding mproduce i1,n a form or forms in which i t is ordinarily maintained or in a reasonably usable form orforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot produce the same electronically stored information in more thanone form.(D) Inaccessible Electronically Stored Information. The person responding need not providediscovery ofelectronically stored information from sources that theperson identifl8s as notreasonably accessible because of undueburden or cost. On motion to compel discovery or for aprotective order, the person responding mustshow that the information is not reasonablyaccessible because of undue burden or cost. What showing is made, the court may nonethelessorder discovery from such sources nthe requestinll partyshows good cause, considering thelimitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
1) ClaimingPrivilege or Protection.A) InformationWithheld, A person wilhholding subpoenaed informationunder a claimthat i t is privileged or subject to protection as trial-preparation materialmust:(i) expressly make theclaim; and(i1) describe the nature of thewilhheld documents, communications, or tangible things in amannthat, without revealing information itaeW privileged or protected. will enable the parties to assess
claim.(B) InformationProduced. Wnformation produced in response to a subpoena is subjeca claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party that received the information of the claim andthe basis for it. After being notifiedparty must promptly retum, sequester, or destroy the specified information and any copies it hasmust not use or disclose the information until theclaim is resolved; must take reasonable steps tretrieve the informationnthe party disclosed iI before being notified; end maypromptly present tinformation to the court under seal for e determination of the claim. The person who produced thinformationmustpreserve the information until the claim is resolved.(e) CONTEMPT.The issuing court may hold in contempt a nWho, having been served, fails wilhout adequeexcuse to obey the subpoena. Anonpa • failure to obey must be excused the subpoenepurport. to require thenonparty to alten or produce et a place outside the limils of Rule 45(c)(3(A)(ii).
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 40 of 50
A088 (Rev. 12/07) Subpoena in aCivil Case (page 2)
PROOF OF SERVICE
DATE
SERVED
SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)
PLACE
DECLARATION OF SERVER
Personal Service
MANNER OF SERVICE
Process Server
TITLE
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Prooof Service is true and correct.
Executed on
--------------ate Signature of Server
20809 Higgins Court
Address of Server
Torrance, CA 90501
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.(1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey
responsible for Issuing and serving a subpoena must take reasonable staps to avoidimposing undue burden or expenseon a person subject to the subpoena. The issuing courtmust enforce this duty and impose an appropriate sanction -which may include losteamings and reasonable attorney's fees- on a party or attorneywho fails to comply.
(2) Command to Produce Materials or Permillnspection.(A) Appearance Not Required. A person commanded toproduce documents,
electronicelly stored information, or tangible things, or to permil the inspection of premises.need not appear in person at the place of production or inspection unless also commandedto appear for a deposition, hearing, or trial.
(B) Objections. A person commended to produce documents or tangiblethings or to permit inspection may serve on the party or attorneydesignated in thesubpoena awrillen objection to inspecting, copying, testing or sampling any or all of thematerials or to inspecting the premises - orto producing electronically stored information intile form orforms requested. The objectionmustbe served before the earlier of the timespecified for compliance or 14 daysatter the subpoena is served. Wan objection is made,the following rules apply:( i) At any l ime. on notice to the commanded person.the serving perty maymove the issuingcourt for an order compellinp production or inspection.(ii) These acts may be required only as directed in the order, and the ordermustprotect aperson who is neilher a party nora party's offlC8r from signifICant expense resutting fromcompliance.
l3) Quashing orModifying a SUbpoena.A) When Required. On timely motion, the issuing court mustquash ormodifya subpoena that:(i) fails to allow a reasonable time to comply;(ii) requires a person who is neilher a party nor a party's officer to travel more than 100miles from where that person resides, is employed, or regularty transacts business in person- except that, subject to Rule 45(c)(3)(B)(ii'), the person maybe commandedto attend atrial by traveling from any such place Within the stale where the trial is held;
(iii) requires disclosureof
privileged or other protectedmatter, no exception or waiverapplies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by asubpoena, the issuing court may, on motion, quash or modify the subpoena it requires:(i) disclosing a trade secret or other confidential research, development, or commercielinformetion;(ii) disclosing an unretainedexpert's opinion Or information that does not describe specificoccurrences in dispute and resutts from theexpert's study that was not requested by aparty; or(iii) a person who is neither a perty nore party's officer to incur substential expense to travelmore than 100 miles to attend trial
(C) Specifying Condilions asan AAemative. In the circumstances described in Rule 45(c)(3)(B),the court mey, insteed of quashing or modifying a subpoena, order appearance or production unspecified condilionsnthe serving party:(i) shows a substantial need for the testimonyor material that cannot be otherwise metwilhoutundue hardship; and(i1) ensures that the subpoenaed person will be reasonably compensated.(d) DUTIES IN RESPONDING TO A SUBPOENA.(1) Producing Documants or Electronically Stored Information. These procedures apply toproducing documentsor electronically stored information:(A) Documents. A person responding to a subpoene to produce documents must prodthem es they are kapt in the ordinary course of business or must organize and label them tocorrespond to the categories in the demand.(B) Form forProducing Electronically Stored InformationNot Specified. Wa subpoenadoes not specify a form for producing electronically stored information, the person responding mproduce i1,n a form or forms in which i t is ordinarily maintained or in a reasonably usable form orforms.(C) Electronically Stored InformationProduced in Only One Form. The person responding neednot produce the same electronically stored information in more thanone form.(D) Inaccessible Electronically Stored Information. The person responding need not providediscovery ofelectronically stored information from sources that theperson identifl8s as notreasonably accessible because of undueburden or cost. On motion to compel discovery or for aprotective order, the person responding mustshow that the information is not reasonablyaccessible because of undue burden or cost. What showing is made, the court may nonethelessorder discovery from such sources nthe requestinll partyshows good cause, considering thelimitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
1) ClaimingPrivilege or Protection.A) InformationWithheld, A person wilhholding subpoenaed informationunder a claimthat i t is privileged or subject to protection as trial-preparation materialmust:(i) expressly make theclaim; and(i1) describe the nature of thewilhheld documents, communications, or tangible things in amannthat, without revealing information itaeW privileged or protected. will enable the parties to assess
claim.(B) InformationProduced. Wnformation produced in response to a subpoena is subjeca claim of privilege or of protection as trial-preparation material, the person making the claim manotify any party that received the information of the claim andthe basis for it. After being notifiedparty must promptly retum, sequester, or destroy the specified information and any copies it hasmust not use or disclose the information until theclaim is resolved; must take reasonable steps tretrieve the informationnthe party disclosed iI before being notified; end maypromptly present tinformation to the court under seal for e determination of the claim. The person who produced thinformationmustpreserve the information until the claim is resolved.(e) CONTEMPT.The issuing court may hold in contempt a nWho, having been served, fails wilhout adequeexcuse to obey the subpoena. Anonpa • failure to obey must be excused the subpoenepurport. to require thenonparty to alten or produce et a place outside the limils of Rule 45(c)(3(A)(ii).
Burchuk’s office right about now. You mentioned on the phone that the wrong address was due to a miscommunication between you and Karen Barnes and that you would email me some kind of proposal for making up the lost time. I’ll be happy to take a look at it. Sincerely,
E M P L O Y M E N T L A W5 5 5 W E S T F I F T H S T . , S T E . 3 1 0 0
L O S A N G E L E S , C A 9 0 0 1 3T e l : ( 2 1 3 ) 9 9 2 - 3 2 9 9F a x : ( 2 1 3 ) 5 9 6 - 0 4 8 7E - m a i l : [email protected]
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 transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
I just tried calling you but you weren’t available. Dr. Jadwin called to tell me that he is at Dr. Burchuk’s office at 23522 Califa St., Woodland Hills, California. He’s been waiting outside the gate for over 30 minutes now but no one seems to be letting him in. Please advise. Sincerely,
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.
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 47 of 50
5 5 5 W E S T F I F T H S T . , S T E . 3 1 0 0L O S A N G E L E S , C A 9 0 0 1 3
T e l : ( 2 1 3 ) 9 9 2 - 3 2 9 9F a x : ( 2 1 3 ) 5 9 6 - 0 4 8 7E - m a i l : [email protected]
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 transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
Dr. Jadwin saw Dr. Burchuk, I understand, for about 2 hours today. We propose the May 29 session be moved to June 2and expanded to 6 hours. That will limit the exam to two sessions and allow Dr. Burchuk to complete it. If we can do that
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 49 of 50
5 5 5 W E S T F I F T H S T . , S T E . 3 1 0 0L O S A N G E L E S , C A 9 0 0 1 3
T e l : ( 2 1 3 ) 9 9 2 - 3 2 9 9F a x : ( 2 1 3 ) 5 9 6 - 0 4 8 7E - m a i l : [email protected]
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 transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
Case 1:07-cv-00026-OWW-TAG Document 140-2 Filed 05/22/2008 Page 50 of 50
7. I arrived at the new address at approximately 12 p.m. upon which Dr. Burchuk began the
2 defense mental examination.
3 8. Around 2 p.m., as the examination was concluding, Dr. Burchuk presented me with two4 HIPAA authorization and release [OImS permitting Dr. Burchuk to speak with and obtain medical
5 records [rom my treating psychiatrists, Dr. Paul Riskin and Dr. Anosh Taheri-Tafresh i. A true and
6 correct copy of the fOIms which Dr. Burchuk gave to me are attached as Exhibit A. I had been instructed
7 that I was not to call my attorneys at any time during the examination. I therefore complied with Dr.
8 Burchuk 's request and signed the releases.
9 9. I tape recorded the examination. A true and correct written transcript of a portion of the
10 oral examination and the oral statements made by me and by Dr. Burehuk is attached hereto as Exhibit
1J B.12 10. After the examination concluded, I spoke with my attorneys and was infonned that I
13 should not have signed the HIPAA releases because there was an agreement among the attorneys that
14 my treating psychiatrists were not to produce any documents to Defendants other than written summary
15 reports, which had already been provided to Defendants. Upon the advice of my attorneys, I then
16 immediately revoked the HIPAA releases by calling and emailing Dr. Burchuk, Dr. Riskin and Dr.
17 Taheri-Tafreshi.
18
19 I declare under penalty of perjury under the laws ofthe State ofCalifornia and the United States
20 that the foregoing is true and correct.
21
22
23
24
25
26
27
28
Executed on: May 21, 2008
DAVID F. JADWIN, D.O.Declarant
DECLARATION OF DAVID F. JADWIN re MOTION FOR PROTECTIVE ORDER re DEFENSE
MENTAL EXAMINATION 2
Case 1:07-cv-00026-OWW-TAG Document 140-3 Filed 05/22/2008 Page 2 of 8
OS/21/2008 04.55 FAX 141 00 1/0 0 1
7. I arrived at the new address at approximately 12 p.m. upon which Dr. Burchuk began the
2 defense mental examination.
3 8.Around 2 p.m., as
theexwnination was concluding, Dr. Burchuk presented me with two
4 HIPAA authorization and release [onns permitting Dr. Burchuk to speak with and obtain medical
5 records from my treating psychiatrists, Dr. Paul Riskin and Dr. Anosh Taheri-Tafreshi. A true and
6 correct copy of the fonns which Dr. Burchuk gave to me are attached as Exhibit A. I had been instructed
7 that I was not to call my attorneys at any time during the examination. Jtherefore complied with Dr.
8 Burohuk's request and signed the releases.
9 9. Ttape recorded the examination. A true and correct written transcript of a portion of the
10 oral ex.amination and the oral statements made by me and by Dr. Burchuk is attached hereto as Exhibit
1) B.
12 10. After the examination concluded, I spoke with my attorneys and was infonned that I
13 should not have signed the HIPAA releases because there was an agreement among the attorneys that
14 my treat ing psychiatrists were not to produce any documents to Defendants other than written summary
15 reports, which had already been provided to Defendants. Upon the advice ofmy attorneys, I then
16 immediately revoked the HIPAA releases by calling and cmailing Dr. Burchuk, Dr. Riskin and Dr.
17 Taheri-Tafreshi .
18
19 I declare under penalty of perjury underthe laws of the State ofCalifomia and the United States
20 that the foregoing is true and correct.
21
22
23
24
25
26
27
28
Executed on: May 21,2008
DAVID F. JADVIIN. D.o.Declarant .
DECLARATION OF DAVID F. JADWIN re MOTION FOR PROTECTIVE ORDER re DEFENSE
EXAMINEE: But yes I was very depressed and the same type of symptoms only it was, you know,there, there just didn’t seem to be anyone around that seemed to care about any of these issues.
DR. BURCHUCK: Okay. I want to get your permission to contact Dr. Taheri?
EXAMINEE: Taheri, yeah.
DR. BURCHUCK: Taheri. And I, and I know Dr. Riskin has retired.
EXAMINEE: No, no he’s –
DR. BURCHUCK: Or he’s, is he, well he had closed his office?
EXAMINEE: He’s a young man, no he’s a young man. He at the University or the VA and he had asmall practice on the side.
DR. BURCHUCK: I see.
EXAMINEE: And his father became quite ill.
DR. BURCHUCK: Uh huh.
EXAMINEE: And he said he had to close his practice –
DR. BURCHUCK: Okay.
EXAMINEE: – to take care of his father. So I, I know that he’s working, he’s just not working inprivate practice.
DR. BURCHUCK: I see.
EXAMINEE: Dr. Taheri had mentioned that he had seen him. He, he’s gotta be like 40 or somethinglike that –
DR. BURCHUCK: Oh, okay.
EXAMINEE: – so he’s really ****.
DR. BURCHUCK: So these are release of information forms and I’m gonna just give you –
EXAMINEE: And what’s the date today, I’m sorry?
DR BURCHUCK: copies of the forms Today’s the 19th
Case 1:07-cv-00026-OWW-TAG Document 140-3 Filed 05/22/2008 Page 8 of 8