Case 1:07-cv-00026-OWW-DLB Document 351 Filed 05/13/2009 Page 1 of 3

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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 DAVID F. JADWIN, D.O. Case No.: 1:07-cv-00026-OWW-DLB
12 Plaintiff, ORDER ON DEFENDANT’S MOTIONS
IN LIMINE
13 vs.
Date: May 14, 2009
14 COUNTY OF KERN Time: 9:00 a.m.
Place: U.S. District Court, Courtroom 3
15 Defendants. 2500 Tulare Street, Fresno, CA
16 Date Action Filed: January 6, 2007
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[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE

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1 The Court grants and denies Defendant County of Kern’s motions in limine as follows:
2 Motion in Limine No. 1 to Exclude Attorneys as Witnesses: Withdrawn.
3 Motion in Limine No. 2 to Exclude any Evidence that Plaintiff’s Removal as Chair
4 Violated any Statutes other than FMLA and FEHA: Granted, except as to FMLA, FEHA and
5 CFRA.
6 Motion in Limine No. 3 to Exclude any Evidence Regarding Plaintiff’s Professional
7 Competence: Denied without prejudice. Although Plaintiff’s competence is not directly in
8 issue, either party may offer evidence that references his competence for the limited purpose of
9 explaining the context of actions and writings that may be relevant to the parties’ claims and
10 defenses.
11 Motion in Limine No. 4 to Exclude Evidence of Misconduct by any Other Physician
12 at KMC: Granted in part and denied in part. To the extent this Motion seeks to prevent review
13 of personnel proceedings that involve other physicians, it is granted. However, the parties are
14 free to introduce evidence involving other physicians to make or refute claims of disparate
15 treatment or discrimination relevant to Plaintiff’s claims. To that extent, the Motion is denied.
16 Motion in Limine No. 5 to Exclude Testimony from Undisclosed Witnesses: Granted
17 as to witnesses not currently on a party’s witness list or the joint witness list.
18 Motion in Limine No. 6 to Exclude Evidence of any “Disability” other than
19 Depression: Granted. Plaintiff has abandoned all claims of physical disability.
20 Motion in Limine No. 7 to Exclude Evidence of Whistleblowing or Retaliation for
21 Whistleblowing: Granted in part, denied in part. Defendant is not liable under theories of
22 whistleblowing and no evidence of whistleblowing shall be admissible to establish or suggest
23 liability. However, the parties are free to introduce evidence of Plaintiff’s actions, including
24 actions that were intended to be whistleblowing, as relevant to their respective claims and
25 defenses.
26 Motion in Limine No. 8 to Exclude Videotape Depositions Prepared by Plaintiff’s
27 Counsel: Granted only to the extent that Plaintiff is to provide no less than 5 days’ prior notice
28 to the Defendant of his use of deposition video, the notice to include tracking, page and line
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[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE

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1 references.
2 Motion in Limine No. 9 to Dismiss the Individual Defendants and Abandoned
3 Claims: Granted and the case shall be re-captioned accordingly.
4 Motion in Limine No. 10 to Exclude Plaintiff’s Exhibits of Documents Bates-
5 Stamped DFJ02633-DFJ02948: Granted only to the extent that Plaintiff is to provide notice to
6 the Defendant on May 9, 2009 of the contents of all documents identified in this Motion.
7 Motion in Limine No. 11 to Exclude Evidence of Litigation between Dr. Rebecca
8 Rivera and the County: Granted.
9 Motion in Limine No. 12 to Exclude Evidence of an Investigation of Dr. Roy by the
10 Medical Board of California: Granted.
11 Motion in Limine No. 13 to Limit Damages for Back Pay: Withdrawn.
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13 IT IS SO ORDERED.
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15 Dated: 5/12/2009
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17 /s/ OLIVER W. WANGER

18 Oliver W. Wanger
United States District Court Judge
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[PROPOSED] ORDER ON DEFENDANT’S MOTIONS IN LIMINE