Case 1:07-cv-00026-OWW-TAG Document 38 Filed 07/11/2007 Page 1 of 2

1 Eugene D. Lee SB# 236812

LAW OFFICE OF EUGENE LEE
2 555 West Fifth Street, Suite 3100
Los Angeles, California 90013
3 Telephone: (213) 992-3299
Facsimile: (213) 596-0487
4 Email: elee@LOEL.com
5 Joan Herrington, SB# 178988
BAY AREA EMPLOYMENT LAW OFFICE
6 5032 Woodminster Lane
Oakland, CA 94602-2614
7 Telephone: (510) 530-4078
Facsimile: (510) 530-4725
8 Email: jh@baelo.com
Of Counsel to LAW OFFICE OF EUGENE LEE
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Attorneys for Plaintiff
10 DAVID F. JADWIN, D.O.
11 UNITED STATES DISTRICT COURT
12 FOR THE EASTERN DISTRICT OF CALIFORNIA
13 FRESNO DIVISION
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DAVID F. JADWIN, D.O., Case No. 1:07-cv-00026-OWW-TAG
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Plaintiff, [CORRECTED PROPOSED] ORDER
16 GRANTING PLAINTIFF’S MOTION TO
v. STRIKE FIFTH AFFIRMATIVE DEFENSE
17 AND FOR SANCTIONS AGAINST
COUNSEL
18 COUNTY OF KERN; et al.
[F.R.C.P. RULES 12(f) AND 11(c)]
19 Defendants.
Date: August 13, 2007
20 Time: 9:30 a.m.
Place: U.S. Bankruptcy Courthouse, Bakersfield
21 Courtroom 8
22 Date Action Filed: January 6, 2007
Date Set for Trial: August 26, 2008
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This matter came on regularly for hearing before this Court on August 13, 2007 at 9:30 a.m., in
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Courthouse 8, in the Bakersfield Division of United States District Court for the Eastern District of
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California. Counsel for each party appeared and the matter was heard. The Court has reviewed the
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motion, declarations and memoranda of the parties.
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[CORRECTED PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION

TO STRIKE AND FOR SANCTIONS AGAINST COUNSEL 1
 Case 1:07-cv-00026-OWW-TAG Document 38 Filed 07/11/2007 Page 2 of 2

1 IT IS HEREBY ORDERED that the Motion to Strike the Fifth Affirmative Defense in
2 Defendants’ Answer to the Second Supplemental Complaint, brought by Plaintiff DAVID F. JADWIN,
3 D.O., is GRANTED, and lines 18-22 on page 12 of such Answer shall be stricken;
4 IT IS HEREBY FURTHER ORDERED that Plaintiff’s Request for Sanctions against
5 Defendant’s counsel is hereby granted in the amount of $_________, to be paid within 30 days.
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7 IT IS SO ORDERED.
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9 Date: August ____, 2007
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11 By: ______________________________________
The Honorable Teresa A. Goldner
12 Magistrate Judge of the United States District Court
Eastern District of California
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[CORRECTED PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION

TO STRIKE AND FOR SANCTIONS AGAINST COUNSEL 2