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Case 1:07-cv-00026-OWW-TAG Document 176 Filed 07/31/2008 Page 1 of 4

1 LAW OFFICE OF EUGENE LEE


Eugene D. Lee (SB#: 236812)
2 555 West Fifth Street, Suite 3100
Los Angeles, CA 90013
3 Phone: (213) 992-3299
Fax: (213) 596-0487
4 email: elee@LOEL.com
5 Attorney for Plaintiff
DAVID F. JADWIN, D.O.
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10 FRESNO DIVISION
11 DAVID F. JADWIN, D.O., Civil Action No. 1:07-cv-00026 OWW TAG
12 Plaintiff, PLAINTIFF'S EX PARTE APPLICATION
FOR ORDER SHORTENING TIME re
13 v. MOTION FOR PROTECTIVE ORDER re
EXPERT DEPOSITIONS
14 COUNTY OF KERN, et al.,
Date Action Filed: January 6, 2007
15 Defendants. Discovery Cut-off: August 17, 2008
Date Set for Trial: December 2, 2008
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21 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 PLAINTIFF David F. Jadwin hereby moves ex parte for an order shortening time for hearing on
23 his Motion for Protective Order re Expert Depositions (Doc. 175), filed on July 31, 2008, pursuant to
24 FRCP Rules 6 and 30 and Local Rule 6-144.
25 On July 29, 2008, Defendants noticed depositions of Plaintiff’s 4 experts for August 12 to 15,
26 2008. Plaintiff had previously indicated that Plaintiff’s experts were not available on these dates. In fact,
27 at Defendants’ request, all four of Plaintiff’s expert had not once but twice provided multiples dates of
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PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME


re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS 1
Case 1:07-cv-00026-OWW-TAG Document 176 Filed 07/31/2008 Page 2 of 4

1 availability for deposition by Defendants. Defendants nevertheless chose to set the depositions of
2 Plaintiff’s experts on dates on which they had indicated they were unavailable. Only one expert has so
3 far indicated to Plaintiff that she may be able to adjust her schedule to be deposed on the date which
4 Defendants unilaterally set. Plaintiff’s other experts have said they will not be available and will
5 therefore be unable to attend their depositions. Pursuant to Local Rule 6-144, Plaintiff apprised
6 Defendants of the situation on July 30, 2008 and asked to meet and confer by the next day on shortening
7 time to hear Plaintiff’s motion for protective order. Receiving no response, Plaintiff had no choice but to
8 file this ex parte application to shorten time.
9 Plaintiff served this Ex Parte Application and associated declaration and exhibits on Defendants
10 by facsimile before 5 p.m. on Thursday, July 31, 2008.
11 This Application is based on these moving papers, the declaration of Eugene D. Lee, counsel of
12 record for Plaintiff, the exhibits attached thereto, and the pleadings and papers on file in this action.
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14 RESPECTFULLY SUBMITTED on July 31, 2008.
15 /s/ Eugene D. Lee
LAW OFFICE OF EUGENE LEE
16 555 West Fifth Street, Suite 3100
Los Angeles, CA 90013
17 Phone: (213) 992-3299
Fax: (213) 596-0487
18 email: elee@LOEL.com
Attorney for Plaintiff DAVID F. JADWIN, D.O.
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PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME


re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS 2
Case 1:07-cv-00026-OWW-TAG Document 176 Filed 07/31/2008 Page 3 of 4

1 DECLARATION OF EUGENE D. LEE IN SUPPORT OF APPLICATION


2 I, Eugene D. Lee, declare and say, as follows:
3 1. I am an attorney at law duly licensed to practice before the Federal and State Courts of
4 California and admitted to practice before the United States District Court for the Eastern District of
5 California. I am the attorney representing Plaintiff David F. Jadwin in this matter.
6 2. I am making this declaration in support of Plaintiff David F. Jadwin, D.O.’s Ex Parte
7 Application for Order Shortening Time re: Motion for Protective Order re Expert Depositions. The facts
8 stated herein are personally known to me and if called as a witness, I could and would competently
9 testify to the truth of the facts set forth in this declaration.
10 3. On July 29, 2008, Defendants noticed depositions of Plaintiff’s 4 experts for August 12 to
11 15, 2008. Plaintiff had previously indicated that Plaintiff’s experts were not available on these dates. In
12 fact, at Defendants’ request, all four of Plaintiff’s expert had not once but twice provided multiples dates
13 of availability for deposition by Defendants. Defendants nevertheless intentionally chose to disregard
14 these dates when setting the depositions of Plaintiff’s experts.
15 4. Only one expert has so far indicated to Plaintiff that she may be able to adjust her
16 schedule to be deposed on the date which Defendants unilaterally set. Plaintiff’s other experts have said
17 they will not be available and will therefore be unable to attend their depositions.
18 5. Pursuant to Local Rule 6-144, Plaintiff apprised Defendants of the situation on July 30,
19 2008 and asked to meet and confer by the next day on shortening time to hear Plaintiff’s motion for
20 protective order. Receiving no response, Plaintiff had no choice but to file this ex parte application to
21 shorten time.
22 6. Plaintiff served this Ex Parte Application and associated declaration and exhibits on
23 Defendants by facsimile before 5 p.m. on Thursday, July 31, 2008.
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27 //
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PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME


re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS 3
Case 1:07-cv-00026-OWW-TAG Document 176 Filed 07/31/2008 Page 4 of 4

1 I declare under penalty of perjury under the laws of the State of California and of the United States that
2 the foregoing is true and correct.
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4 Dated: July 31, 2008
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6 ____________________________________
Eugene D. Lee
7 Attorney for Defendant
DAVID F. JADWIN, D.O.
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PLAINTIFF'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME


re MOTION FOR PROTECTIVE ORDER re EXPERT DEPOSITIONS 4

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