172 D Notice of Lodging - RFA1

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Case 1:07-cv-00026-OWW-TAG Document 172 Filed 07/21/2008 Page 1 of 36

I Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER2 400 Capitol Mall, Suite 2640Sacramento, CA 958143 Phone: (916) 444-6400Fax: (916) 444-64054 E-mail: [email protected] Bernard C. Barmann, Sr. CA SB #060508KERN COUNTY COUNSEL6 Mark Nations, ChiefDeputy CA SB #1018381115 Truxtun Avenue, Fourth Floor7 Bakersfield, CA 93301Phone: (661) 868-38008 Fax: (661) 868-3805E-mail: [email protected] Attorneys for Defendants County ofKern,10 Peter Bryan, Irwin Harris, Eugene Kercher,Jennifer Abraham, Scott Ragland, Toni Smith

11 and William Roy

Case No.: 1:07-cv-00026-0WW-TAG

Date: August 6, 2008Time: 9:30 a.m.Place: U.S. Banlauptcy Courthouse,Bakersfield Courtroom 8

NOTICE OF LODGING

Date Action Filed: January 6, 2007Trial Date: December 2, 2008

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA

Plaintiff,

Defendants.

vs.

DAVID F. JADWIN, D.O.

COUNTY OFKERN, et aI.,

1213141516171819202122 TO PLAINTIFF AND HIS ATTORNEY OF RECORD:23 Notice is hereby given that Defendants have lodged a copy of Plaintiff's First Set of24 Requests for Admission with the Court.25262728

Dated: July 21, 2008 LAW OFFICES OF MARK A. WASSER

By: lsi Mark A. WasserMark A. WasserAttorney for Defendants, County ofKern, et al.-I

NOTICE OF LODGING

I Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER2 400 Capitol Mall, Suite 2640Sacramento, CA 958143 Phone: (916) 444-6400Fax: (916) 444-64054 E-mail: [email protected] Bernard C. Barmann, Sr. CA SB #060508KERN COUNTY COUNSEL6 Mark Nations, ChiefDeputy CA SB #1018381115 Truxtun Avenue, Fourth Floor7 Bakersfield, CA 93301Phone: (661) 868-38008 Fax: (661) 868-3805E-mail: [email protected] Attorneys for Defendants County ofKern,10 Peter Bryan, Irwin Harris, Eugene Kercher,Jennifer Abraham, Scott Ragland, Toni Smith

11 and William Roy

Case No.: 1:07-cv-00026-0WW-TAG

Date: August 6, 2008Time: 9:30 a.m.Place: U.S. Banlauptcy Courthouse,Bakersfield Courtroom 8

NOTICE OF LODGING

Date Action Filed: January 6, 2007Trial Date: December 2, 2008

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA

Plaintiff,

Defendants.

vs.

DAVID F. JADWIN, D.O.

COUNTYOFKERN, et aI.,

1213141516171819202122 TO PLAINTIFF AND HIS ATTORNEY OF RECORD:23 Notice is hereby given that Defendants have lodged a copy of Plaintiff's First Set of24 Requests for Admission with the Court.25262728

Dated: July 21, 2008 LAW OFFICES OF MARK A. WASSER

By: lsi Mark A. WasserMark A. WasserAttorney for Defendants, County ofKern, et al.-I

NOTICE OF LODGING


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Eugene D. Lee SB# 236812LAW OFF1CE OF EUGENE LEE555 West Fifth Street, Suite 3100Los Angeles, California 90013Telephone: (213) 992-3299Facsimile: (213) 596-0487Email: [email protected] Herrington, SB# 178988BAYAREA EMPLOYMENT LAW OFFICE5032 Woodminster LaneOakland, CA 94602-2614Telephone: (510) 530-4078Facsimile: (510) 530-4725Email: [email protected] Counsel to LAW OFFICE OF EUGENE LEEAttorneys for PLAINTIFFDAVID F. JADWIN, D.O.

UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF CALIFORNIA

1314 DAVID F. JADWIN, D.O., Civil Action No. l:07-cv-00026-0WW-TAG1516 v.

Plaintiff, PLAINTIFF'S REQUESTS FORADMISSION (SET ONE).17 COUNTY OF KERN; etal. Date Action Filed: January 6, 2007Date Set for Trial: December 2, 2008

Pursuant to Rule 36 of the Federal Rules of Civil Procedure, Plaintiff David F. Jadwin requeststhat you admit or deny to each of the following requests for admission under oath within thirty (30) daysof service hereof. To the extent defendants do not unqualifiedly admit any such statement, then asrequired by Rule 36, defendants "shall specifically . . . set forth in detail the reasons why [you] cannot

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Defendants.

REQUESTING PARTY:RESPONDING PARTY:SET NO.:

PLAINTIFF DAVID F. JADWIN, D.O., F.C.A.P.DEFENDANT COUNTY OF KERNOne

PLAINTIFFS REQUESTS FOR ADMISSION (SET ONE) 1

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Civil Action No. l:07-cv-00026-0WW-TAG

UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF CALIFORNIA

Eugene D. Lee SB# 236812LAW OFFICE OF EUGENE LEE555 West Fifth Street, Suite 3100Los Angeles, California 90013Telephone: (213) 992-3299Facsimile: (213) 596-0487Email: [email protected] Herrington, SB# 178988BAY AREA EMPLOYMENT LAW OFFICE5032 Woodminster LaneOakland, CA 94602-2614Telephone: (510) 530-4078Facsimile: (510) 530-4725Email: [email protected] Counsel to LAW OFFICE OF EUGENE LEEAttorneys for PLAINTIFFDAVID F. JADWIN, D.O.

6

I2345

9

121314 DAVID F. JADWIN, D.O.,

78

1011

1516 v.

Plaintiff, PLAINTIFF'S REQUESTS FORADMISSION (SET ONE).17 COUNTY OF KERN; etal. Date Action Filed: January 6, 2007Date Set for Trial: December 2,2008

required by Rule 36, defendants Itshalt specifically. , . set forth in detail the reasons why [you] cannot

Pursuant to Rule 36 oftbe Federal Rules of Civil Procedure, Plaintiff David F. Jadwin requeststhatyou admit or deny to each of the following requests for admission under oath within thirty (30) daysof service hereof. To the extent defendants do not unqualifiedly admit any such statement, then as

One

PLAINTIFF DAVID F. JADWIN, D.O., F.e.A.p.DEFENDANT COUNTY OF KERN

Defendants.

REQUESTING PARTY:RESPONDING PARTY:SET NO.:

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PLAINTIFF'S REQUESTS FOR ADM ISSION (SET ONE) 1


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truthfully admit or deny the matter."

DEFINITIONS

A. The term "PERSON" as used herein includes, without limitation, any natural person,ftrm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or anyother entity.

B. The term "PLAINTIFF"means plaintiffDavid F. Jadwin, D.O., F.C.A.P.C. The term "DEFENDANT' means defendant County of Kern.D. The term "KMC" means Kern Medical Center, a hospital owned and operated by

DEFENDANT.E. The term "PERSONNEL FILE" as used herein is broadly deftned to include all

DOCUMENTS RELATING TO an process improvement file; employee's credentials; medical staff file,qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline,separation or other employment action; as well as the "folder", "jacket" or other container of each suchfile and any attachments thereto and all files maintained by PERSONS employed by YOU.

F. The term "PATHOLOGY REPORT' as used herein is broadly defined to include allDOCUMENTS RELATING TO the description of cells and tissues made by a pathologist based onmicroscopic evidence and lab testing and used to render a diagnosis of a disease, including butnotlimited to the DOCUMENTS RELATING TO the following associated items: original requisitions andattached DOCUMENTS, HBO electronic documentation logs, peer reviewer comment sheets andattached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathologyspecimens, operative reports for pathology specimens, progress notes made by pathology, outsidepathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logsfrom transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrowreports.

G. The term "CFRA" means the California Family Rights Act and the rules and regulationspromulgated thereunder.

H. The term "FMLA" means the Family & Medical Leave Act and the rules and regulations

PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) 2

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truthfully admit or deny the matter."

DEFINITIONS

A. The term "PERSON" as used herein includes, without limitation, any natural person,ftrm, entity, corporation, partnership, association, cooperative, governmental entity or agency, or anyother entity.

B. The term "PLAINTIFF"means plaintiffDavid F. Jadwin, D.O., F.C.A.P.C. The term "DEFENDANT' means defendant County of Kern.D. The term "KMC" means Kern Medical Center, a hospital owned and operated by

DEFENDANT.E. The term "PERSONNEL FILE" as used herein is broadly deftned to include all

DOCUMENTS RELATING TO an process improvement file; employee's credentials; medical staff file,qualifications for employment, promotions, transfers, salary, raises, pension eligibility, discipline,separation or other employment action; as well as the "folder", "jacket" or other container of each suchfile and any attachments thereto and all files maintained by PERSONS employed by YOU.

F. The term "PATHOLOGY REPORT' as used herein is broadly defined to include allDOCUMENTS RELATING TO the description of cells and tissues made by a pathologist based onmicroscopic evidence and lab testing and used to render a diagnosis of a disease, including but no tlimited to the DOCUMENTS RELATING TO the following associated items: original requisitions andattached DOCUMENTS, HBO electronic documentation logs, peer reviewer comment sheets andattached DOCUMENTS, pathology specimens listed in the clinical history, subsequent pathologyspecimens, operative reports for pathology specimens, progress notes made by pathology, outsidepathologist reports, correspondence and contracts with outside reviewing pathologists, dictation logsfrom transcription, laboratory reports, surgical pathology reports, cytology reports, and bone marrowreports.

G. The term "CFRA" means the California Family Rights Act and the rules and regulationspromulgated thereunder.

H. The term "FMLA" means the Family & Medical Leave Act and the rules and regulations



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1 Admit that DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's2 medical stafffile was a substantial factor in causing PLAINTIFF's harm.3 REOUEST FOR ADMISSION 10.4 Admit that DEFENDANT's decision to remove PLAINTIFF from the position of chair of the5 department of pathology at KMC was a substantial factor in causing PLAINTIFF's harm.6 REOUEST FOR ADMISSION 11.7 Admit that DEFENDANT's decision to reduce PLAINTIFF's base salary was a substantial8 factor in causing PLAINTIFF's harm.9 REOUEST FOR ADMISSION 12.10 Admit that DEFENDANT's decision to deny PLAINTIFF the right to work on a part-time basis11 from 4/28/06 to 10/3106 was a substantial factor in causing PLAINTIFF's harm.12 REOUEST FOR ADMISSION 13.13 Admit that DEFENDANT's decision to deny PLAINTIFF the right to work at home occasionally14 from 4128/06 to 10/3/06 was a substantial factor in causing PLAINTIFF's harm.15 REOUEST FOR ADMISSION 14.16 Admit that DEFENDANT's decision to place PLAINTIFF on administrative leave from 121710617 to 10/4/07 was a substantial factor in causing PLAINTIFF's harm.18 REOUEST FOR ADMISSION 15.19 Admit that DEFENDANT's decision not to renew PLAINTIFF's employment contract with20 DEFENDANT in 2007 was a substantial factor in causing PLAINTIFF's harm.21 REOUEST FOR ADMISSION 16.22 Admit that PLAINTIFF exhausted all adequate administrative remedies for all ofhis claims.23 REOUEST FOR ADMISSION 17.24 Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, PLAINTIFF25 had a recurrent major depressive disorder.2627 II. HS 1278.528 REOUEST FOR ADMISSION 18.


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1 Admit that DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's2 medical stafffile was a substantial factor in causing PLAINTIFF's harm.3 REOUEST FOR ADMISSION 10.4 Admit that DEFENDANT's decision to remove PLAINTIFF from the position of chair of the5 department of pathology at KMC was a substantial factor in causing PLAINTIFF's harm.6 REOUEST FOR ADMISSION 11.7 Admit that DEFENDANT's decision to reduce PLAINTIFF's base salary was a substantial8 factor in causing PLAINTIFF's harm.9 REOUEST FOR ADMISSION 12.10 Admit that DEFENDANT's decision to deny PLAINTIFF the right to work on a part-time basis11 from 4/28/06 to 10/3106 was a substantial factor in causing PLAINTIFF's harm.12 REOUEST FOR ADMISSION 13.13 Admit that DEFENDANT's decision to deny PLAINTIFF the right to work at home occasionally14 from 4128/06 to 10/3/06 was a substantial factor in causing PLAINTIFF's harm.15 REOUEST FOR ADMISSION 14.16 Admit that DEFENDANT's decision to place PLAINTIFF on administrative leave from 121710617 to 10/4/07 was a substantial factor in causing PLAINTIFF's harm.18 REOUEST FOR ADMISSION 15.19 Admit that DEFENDANT's decision not to renew PLAINTIFF's employment contractwith20 DEFENDANT in 2007 was a substantial factor in causing PLAINTIFF's harm.21 REOUEST FOR ADMISSION 16.22 Admit that PLAINTIFF exhausted all adequate administrative remedies for all of his claims.23 REOUEST FOR ADMISSION 17.24 Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, PLAINTIFF25 had a recurrent major depressive disorder.2627 II. HS 1278.528 REOUEST FOR ADMISSION 18.



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1 3113106 to 7/10106.2 REQUEST FOR ADMISSION 30.3 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from4 6/5/06 to 1013/06.5 REQUEST FOR ADMISSION 31.6 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from7 10/3106 to 1216/06.8 REQUEST FOR ADMISSION 32.9 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from10 6/6107 to 10/4107.11 REQUEST FOR ADMISSION 33.12 Admit that PLAINTIFF presented to the California Department of Health Services complaints13 about patient care at KMC in November of2006.14 REQUEST FOR ADMISSION 34.15 Admit that PLAINTIFF presented to the College ofAmerican Pathologists complaints about16 patient care at KMC in November of 2006.17 REQUEST FOR ADMISSION 35.18 Admit that PLAINTIFF presented to the Joint Commission on the Accreditation of Healthcare19 Organizations complaints about patient care at KMC in November of2006.20 REQUEST FOR ADMISSIQN 36.21 Admit that bylO/17/05 Peter Bryan was aware that PLAINTIFF had previously presented22 complaints about patient care at KMC to DEFENDANT.23 REQUEST FORADMISSION 37.24 Admit that by 10/17/05 Irwin Harris was aware that PLAINTIFF had previously presented25 complaints about patient care at KMC to DEFENDANT.26 REQUEST FOR ADMISSION 38.27 Admit that by10117/05 Scott Ragland was aware that PLAINTIFF had previously presented28 complaints about patient care at KMC to DEFENDANT.


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1 3113/06 to 7110106.2 REQUEST FOR ADMISSION 30.3 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from4 6/5/06 to 10/3/06.5 REQUEST FOR ADMISSION R6 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from7 10/3/06 to 12/6/06.8 REQUEST FOR ADMISSION 32.9 Admit that PLAINTIFF presented to DEFENDANT complaints about patient care at KMC from10 6/6107 to 10/4/07.11 REQUEST FOR ADMISSION 33.12 Admit that PLAINTIFF presented to the California Department of Health Services complaints13 about patient care at KMC in November of2006.14 REQUEST FOR ADMISSION 34.15 Admit that PLAINTIFF presented to the College of American Pathologists complaints about16 patient care at KMC in November of 2006.17 REQUEST FOR ADMISSION 35.18 Admit that PLAINTIFF presented to the Joint Commission on the Accreditation ofHealthcare19 Organizations complaints about patient care at KMC in November of2006.20 REQUEST FOR ADMISSION 36.21 Admit that by10/17/05 Peter Bryan was aware that PLAINTIFF had previously presented22 complaints about patient care at KMC to DEFENDANT.23 REQUEST FOR ADMISSION 37.24 Admit that by 10/17/05 Irwin Harris was aware that PLAINTIFF had previously presented25 complaints about patient care at KMC to DEFENDANT.26 REQUEST FOR ADMISSION 38.27 Admit that bylO/171OS Scott Ragland was aware that PLAINTIFF had previously presented28 complaints about patient care at KMC to DEFENDANT.



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REQUEST FOR ADMISSION 39.Admit that by10117/05 Jennifer Abraham was aware that PLAINTIFF had previously presented

complaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 40.

Admit that by l0/17/05 Eugene Kercher was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FORADMISSIQN 41.

Admitthat by 4128/06 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSIQN 42.

Admit that by 4128106 Steve O'Connor was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FQR ADMISSION 43.

Admit that by 4/28/06 Karen Barnes was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 44.

Admitthat by 6/13/06 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care atKMC to DEFENDANT.REQUEST FOR ADMISSIQN 45.

Admit that by 7/10106 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSIQN 46.

Admit that by 7/10106 Scott Ragland was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 47.

Admit that by 7/10106 Jennifer Abraham was aware that PLAINTIFF had previously presentedcomplaints about patient care atKMC to DEFENDANT.REQUEST FOR ADMISSION 48.


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REQUEST FOR ADMISSION 39.Admit that byl0/17/05 Jennifer Abraham was aware that PLAINTIFF had previously presented

complaints about patient care at KMC to DEFENDANT.REQUEST FORADMISSION 40.

Admit that by10/17/05 Eugene Kercherwas aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION L

Admit that by 4/28106 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care atKMC to DEFENDANT.REQUEST FOR ADMISSION 42.

Admit that by 4/28/06 Steve O'Connor was aware that PLAINTIFF had previously presentedcomplaints about patient care atKMC to DEFENDANT.REQUEST FORADMISSION 43.

Admit that by 4/28/06 Karen Barnes was aware that PLAINTIFF had previously presentedcomplaints about patient care atKMC to DEFENDANT.REQUEST FOR ADMISSION 44.

Admitthat by 6/13/06 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care a tKMC to DEFENDANT.REQUEST FOR ADMISSION 45.

Admit that by 7/10/06 Peter Bryan was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 46.

Admitthat by 7/10/06 Scott Ragland was aware that PLAINTIFF had previously presentedcomplaints about patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 47.

Admit that by 7/10/06 Jennifer Abraham was aware that PLAINTIFF had previously presentedcomplaints about patient care a tKMC to DEFENDANT.REQUEST FOR ADMISSION 48.



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1 Admit that by 7/10106 Toni Smith was aware that PLAINTIFF had previously presented2 complaints about patient care at KMC to DEFENDANT.3 REOUEST FOR ADMISSION 49.4 Admit that by 7/10106 Barbara Patrick was aware that PLAINTIFF had previously presented5 complaints about patient care at KMC to DEFENDANT.6 REOUEST FOR ADMISSION 50.7 Admit that by 7/10/06 Ray Watson was aware that PLAINTIFF had previously presented8 complaints about patient care at KMC to DEFENDANT.9 REOUEST FOR ADMISSION 51.10 Admit that by 7/10/06 Jose Perez was aware that PLAINTIFF had previously presented11 complaints about patient care at KMC to DEFENDANT.12 REOUEST FOR ADMISSION 52.13 Admit that by 7/10/06 David Hill was aware that PLAINTIFF had previously presented14 complaints about patient care at KMC to DEFENDANT.15 REOUEST FOR ADMISSION 53.16 Admit that by 7/10/06 Eugene Kercher was aware that PLAINTIFF had previously presented17 complaints about patient care at KMC to DEFENDANT.18 REOUEST FOR ADMISSION 54.19 Admit that by 10/3/06 Peter Bryan was aware that PLAINTIFF had previously presented20 complaints about patient care at KMC to DEFENDANT.21 REOUEST FOR ADMISSION 55.22 Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had presented complaints23 about patient care at KMC to DEFENDANT.24 REOUEST FOR ADMISSION 56.25 Admit that by 10/3106 Karen Barnes was aware that PLAINTIFF had presented complaints about26 patient care at KMC to DEFENDANT.27 REOUEST FOR ADMISSION 57.28 Admit that by 10/3/06 Barbara Patrick was aware that PLAINTIFF had presented complaints


1 Admit that by 7/10/06 Toni Smith was aware that PLAINTIFF had previously presented2 complaints about patientcare at KMC to DEFENDANT.3 REQUEST FOR ADMISSION 49.4 Admit that by 7/10106 Barbara Patrick Was aware that PLAINTIFF had previously presented5 complaints about patientcare at KMC to DEFENDANT.6 REQUEST FOR ADMISSION 50.7 Admit that by 7/10106 Ray Watson was aware that PLAINTIFF had previously presented8 complaints about patient care at KMC to DEFENDANT.9 REQUEST FOR ADMISSION LL.10 Admit that by 7/10106 Jose Perez was aware that PLAINTIFF had previously presented11 complaints about patient care at KMC to DEFENDANT.12 REQUEST FOR ADMISSION 52.13 Admit that by 7/10106 David Hill was aware that PLAINTIFF had previously presented14 complaints about patient care at KMC to DEFENDANT.15 REQUEST FOR ADMISSION i l .16 Admit that by 7/10106 Eugene Kercher was aware that PLAINTIFF had previously presented17 complaints about patient care at KMC to DEFENDANT.18 REQUEST FOR ADMISSION 54.19 Admit that by 10/3/06 Peter Bryan was aware that PLAINTIFF had previously presented20 complaints about patient care at KMC to DEFENDANT.21 REQUEST FOR ADMISSION 55.22 Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had presented complaints23 about patient care at KMC to DEFENDANT.24 REQUEST FOR ADMISSION 56.25 Admit that by 10/3/06 Karen Barnes was aware that PLAINTIFF had presented complaints about26 patient care at KMC to DEFENDANT.27 REQUEST FOR ADMISSION 57.28 Admit that by 10/3/06 Barbara Patrick was aware that PLAINTIFF had presented complaints



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I I VI I ; LUI'! VI I I "''Ii VI L ~ I I U L'IAI

1 about patient care at KMC to DEFENDANT.2 REOUEST FOR ADMISSION 58.3 Admit that by IO/3106 Ray Watson was aware that PLAINTIFF had presented complaints about4 patient care at KMC to DEFENDANT.5 REOUEST FOR ADMISSION 59.6 Admit that by 12/6/06 David Culberson was aware that PLAINTIFF had presented complaints7 about patient care at KMC to DEFENDANT.8 REOUEST FOR ADMISSION 60.9 Admit t hat by 12/6106 Irwin Harris was aware that PLAINTIFF had presented complaints about10 patient care at KMC to DEFENDANT.11 REOUEST FOR ADMISSION 61.12 Admit that by 12/6/06 Philip Dutt was aware that PLAINTIFF had presented complaints about13 patient care at KMC to DEFENDANT.14 REOUEST FOR ADMISSION 62.15 Admit that by 12/6/06 Karen Barnes was aware that PLAINTIFF had presented complaints about16 patient care at KMC to DEFENDANT.17 REOUEST FOR ADMISSION 63.18 Admit t hat by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints about19 patient care at KMC to DEFENDANT.20 REOUEST FOR ADMISSION 64.21 Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints abou22 patient care at KMC to DEFENDANT.23 REOUEST FOR ADMISSION 65.24 Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints about25 patient care at KMC to DEFENDANT.26 REOUEST FOR ADMISSION 66.27 Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaints28 about patient care at KMC to DEFENDANT.


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1 about patient care at KMC to DEFENDANT.2 REQUEST FOR ADMISSION 58.3 Admit that by 10/3/06 Ray Watson was aware that PLAINTIFF had presented complaints about4 patient care at KMC to DEFENDANT.5 REQUEST FOR ADMISSION 59.6 Admit that by 1216/06 David Culberson was aware that PLAINTIFF had presented complaints7 about patient care at KMC to DEFENDANT.8 REQUEST FOR ADMISSION 60.9 Admit that by 12/6/06 Irwin Harris was aware that PLAINTIFF had presented complaints about10 patient care at KMC to DEFENDANT.11 REQUEST FOR ADMISSION .l12 Admit that by 12/6/06 Philip Dutt was aware that PLAINTIFF had presented complaints about13 patient care at KMC to DEFENDANT.14 REQUEST FOR ADMISSION 62.15 Admit that by 12/6/06 Karen Barnes was aware that PLAINTIFF had presented complaints about16 patient care at KMC to DEFENDANT.17 REQUEST FOR ADMISSION 63.18 Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints about19 patient care at KMC to DEFENDANT.20 REQUEST FOR ADMISSION 64.21 Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints about22 patient Care at KMC to DEFENDANT.23 REQUEST FOR ADMISSION 65.24 Admit that by 10/4/07 MarkWasser was aware that PLAINTIFF had presented complaints about25 patient care at KMC to DEFENDANT.26 REQUEST FOR ADMISSION 66.27 Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaints28 about patient care at KMC to DEFENDANT.



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REOUEST FORADMISSION 67.Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about

patient care at KMC to DEFENDANT.REOUEST FOR ADMISSION 68.

Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REOUEST FOR ADMISSION 69.

Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REOUEST FOR ADMISSION 70.

Admit that by 10/4/07 MarkWasser was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REOUEST FOR ADMISSION 71.

Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaintsabout patient care at KMC to the California Department of Health Services.REOUEST FOR ADMISSION 72.

Admit that by 10/4/07 Ray Wason was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department ofHealth Services.REOUEST FOR ADMISSION 73.

Admit that by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REOUEST FOR ADMISSION 74.

Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REOUEST FOR ADMISSION 75.

Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REOUEST FOR ADMISSION 76.


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REQUEST FOR ADMISSION 67.Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about

patient care at KMC to DEFENDANT.REQUEST FOR ADMISSION 68.

Admitthat by 10/4/07 Paul Hensler was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REQUEST FOR ADMISSION 69.

Admit that by 1014/07 Mark Nations was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REQUEST FOR ADMISSION 70.

Admit that by 10/4/07 MarkWasser was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department of Health Services.REQUEST FOR ADMISSION 11.

Admit that by 10/4107 Michael Rubio was aware that PLAINTIFF had presented complaintsabout patient care at KMC to the California Department of Health Services.REQUEST FOR ADMISSION 72.

Admit that by 10/4/07 Ray Wason was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to the California Department ofHealth Services.REQUEST FOR ADMISSION 73.

Admit that by 10/4107 Paul Hensler was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REQUEST FOR ADMISSION 74.

Admit that by 1014/07 Mark Nations was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REQUEST FOR ADMISSION 75.

Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had presented complaints aboutpatient care at KMC to an accreditation body.REQUEST FOR ADMISSION 76.



12/36


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I Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaints2 about patient care at KMC to an accreditation body.3 REOUEST FOR ADMISSION 77.4 Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about5 patient care at KMC to an accreditation body.6 REOUEST FOR ADMISSION 78.7 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in8 DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical staff file on9 10/17/05.

10 REOUEST FOR ADMISSION 79.I I Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in12 DEFENDANT's decision to convert PLAINTIFF's leave to full time leave on 4/28/06.13 REOUEST FOR ADMISSION 80.14 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in15 DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair of the16 department of pathology at KMC on 6/13/06.17 REOUEST FOR ADMISSION 81.18 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in19 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of20 pathology at KMC on 7/10/06.21 REOUEST FOR ADMISSION 82.22 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in23 DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.24 REOUEST FOR ADMISSION 83.25 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in26 DEFENDANT's decision to place PLAINTIFF on administrative leave on 1217106.27 REOUEST FOR ADMISSION 84.28 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in


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1 Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had presented complaints2 about patient care at KMC to an accreditation body.3 REQUEST FOR ADMISSION 77.4 Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had presented complaints about5 patient care at KMC to an accreditation body.6 REQUEST FOR ADMISSION 78-7 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in8 DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical staff file on9 10/17/05.10 REQUEST FOR ADMISSION 79.11 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in12 DEFENDANT's decision to convert PLAINTIFF's leave to full time leave on 4/28/06.13 REQUEST FOR ADMISSION 80.14 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in15 DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair of the16 department of pathology at KMC on 6/13/06.17 REQUEST FOR ADMISSIONR18 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in19 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of20 pathology at KMC on 7/10/06.21 REQUEST FOR ADMISSION 82.22 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in23 DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.24 REQUEST FOR ADMISSION 83.25 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in26 DEFENDANT's decision to place PLAINTIFF on administrative leave on 1217/06.27 REQUEST FOR ADMISSION 84.28 Admit that PLAINTIFF's complaints about patient care at KMC were a motivating reason in



13/36


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1 DEFENDANT's decision not to renew PLAiNTIFF's employment contract with DEFENDANT in2 2007.3 III. LC 1102.54 REQUEST FQR ADMISSIQN5 Admit that PLAINTIFF made reports of violations oflaw to DEFENDANT.6 REQUEST FOR ADMISSION 86.7 Admit that PLAINTIFF made reports of violations oflaw to the California Department of Health8 Services.9 REQUEST FOR ADMISSION 87.10 Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations of law11 to DEFENDANT.12 REQUEST FOR ADMISSION 88.13 Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations of law14 to the California Department of Health Services.15 REQUEST FQR ADMISSIQN 89.16 Admit that by 10117/05 Peter Bryan was aware that PLAINTIFF had made reports of violations17 of law to DEFENDANT.18 REQUEST FOR ADMISSION 90.19 Admit that by 10/17105 Irwin Harris was aware that PLAINTIFF had made reports ofviolations20 oflaw to DEFENDANT.21 REQUEST FQR ADMISSION 91.22 Admit that by 10/17105 Scott Ragland was aware that PLAINTIFF had made reports of23 violations of law to DEFENDANT.24 REQUEST FOR ADMISSIQN 92.25 Admit that by 10/17/05 Jennifer Abraham was aware that PLAINTIFF had made reports of26 violations of law to DEFENDANT.27 REQUEST FOR ADMISSIQN 93.28 Admit that by 10/17/05 Eugene Kercher was aware that PLAINTIFF had made reports of


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1 DEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in23

2007.III. LC 1102.5

4 REQUEST FOR ADMISSION5 Admit that PLAINTIFF made reports ofviolations of law to DEFENDANT.6 REQUEST FOR ADMISSION 86.7 Admit that PLAINTIFF made reports of violations of law to the California Department ofHealth8 Services.9 REQUEST FOR ADMISSION 87.10 Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations oflaw11 to DEFENDANT.12 REQUEST FOR ADMISSION 88.13 Admit that PLAINTIFF had reasonable cause to believe that he was disclosing violations of law14 to the California Department ofHealth Services.15 REQUEST FOR ADMISSION 89.16 Admit that by 10117/05 Peter Bryan was aware that PLAINTIFF had made reports of violations17 of law to DEFENDANT.18 REQUEST FOR ADMISSION 90.19 Admit that by 10/17/05 Irwin Harris was aware that PLAINTIFF had made reports of violations20 of law to DEFENDANT.21 REQUEST FOR ADMISSION 2.L22 Admit that by 10/17/05 Scott Ragland was aware that PLAINTIFF had made reports of23 violations of law to DEFENDANT.24 REQUEST FOR ADMISSION 92.25 Admit that by 10117/05 Jennifer Abraham was aware that PLAINTIFF had made reports of26 violations of law to DEFENDANT.27 REQUEST FOR ADMISSION 93.28 Admit that by 10117105 Eugene Kercher was aware that PLAINTIFF had made reports of



14/36


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I violations of law to DEFENDANT.2 REQUEST FOR ADMISSION 94.3 Admit that by 4/28/06 Peter Bryan was aware that PLAINTIFF had made reports ofviolations of4 law to DEFENDANT.5 REQUEST FOR ADMISSION 95.6 Admit that by 4/28/06 Steve O'Connor was aware that PLAINTIFF had made reports of7 violations of law to DEFENDANT.8 REQUEST FOR ADMISSION 96.9 Admit that by 4/28/06 Karen Barnes was aware that PLAINTIFF had made reports of violations10 oflaw to DEFENDANT.II REQUEST FOR ADMISSION 97.12 Admit that by 6/13/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of13 law to DEFENDANT.14 REQUEST FOR ADMISSION 98.IS Admit that by 7/10/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of16 law to DEFENDANT.17 REQUEST FOR ADMISSION 99.18 Admit that by 7/10/06 Scott Ragland was aware that PLAINTIFF had made reports ofviolations19 oflaw to DEFENDANT.20 REQUEST FOR ADMISSION 100.21 Admit that by 7/10106 Jennifer Abraham was aware that PLAINTIFF had made reports of22 violations of law to DEFENDANT.23 REQUEST FOR ADMISSION 101.24 Admit that by 7/10/06 Toni Smith was aware that PLAINTIFF had made reports of violations of25 law to DEFENDANT.26 REQUEST FOR ADMISSION 102.27 Admit that by 7/10/06 Barbara Patrick was aware that PLAINTIFF had made reports of28 violations oflaw to DEFENDANT.


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1 violations of law to DEFENDANT.2 REQUEST FOR ADMISSION 94.3 Admit that by 4128/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of4 law to DEFENDANT.5 REQUEST FOR ADMISSION 95.6 Admit that by 4128/06 Steve O'Connor was aware that PLAINTIFF had made reports of7 violations of law to DEFENDANT.8 REQUEST FOR ADMISSION 96.9 Admit that by 4128/06 Karen Barnes was aware that PLAINTIFF had made reports of violations10 oflaw to DEFENDANT.11 REQUEST FOR ADMISSION 97.12 Admit that by 6/13/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of13 law to DEFENDANT.14 REQUEST FOR ADMISSION 98.15 Admit that by 7/10/06 Peter Bryan was aware that PLAINTIFF had made reports of violations of16 law to DEFENDANT.17 REQUEST FOR ADMISSION 99.18 Admitthat by 7/10/06 Scott Ragland was aware that PLAINTIFF had made reports of violations19 of law to DEFENDANT.20 REQUEST FOR ADMISSION 100.21 Admit that by 7/10/06 Jennifer Abraham was aware that PLAINTIFF had made reports of22 violations oflaw to DEFENDANT.23 REQUEST FOR ADMISSION 101.24 Admit that by 7/10/06 Toni Smith was aware that PLAINTIFF had made reports of violations of25 law to DEFENDANT.26 REQUEST FOR ADMISSION 102.27 Admit that by 7/10/06 Barbara Patrick was aware that PLAINTIFF had made reports of28 violations oflaw to DEFENDANT.



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REQUEST FQR ADMISSIQN 103.Admit that by 7/10106 Ray Watson was aware that PLAINTIFF ha d made reports o f violations or

law to DEFENDANT.REQUEST FOR ADMISSIQN 104.

Admit that by 7/10/06 Jose Perez wa s aware that PLAINTIFF ha d made reports of violations o flaw to DEFENDANT.REQUEST FOR ADMISSIQN 105.

A dmi t t h at b y 7/10106 David Hill was aware that PLAINTIFF had made reports of violations o flaw to DEFENDANT.REQUEST FOR ADMISSION 106.

Admit that by 7/10106 Eugene Kercher was aware that PLAINTIFF had made reports o fviolations oflaw to DEFENDANT.REQUEST FOR ADMISSION lOT

Admit that by 10/3/06 Peter Bryan was aware that PLAINTIFF ha d made reports o f violations o flaw to DEFENDANT.REQUEST FOR ADMISSION lOS.

Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had made reports o fviolations oflaw to DEFENDANT.REQUEST FOR ADMISSION 109.

Admit that by 10/3/06 Karen Barnes was aware that PLAINTIFF ha d made reports o f violationsoflaw to DEFENDANT.REQUEST FOR ADMISSION 110.

Admit that by 10/3/06 Barbara Patrick wa s aware t hat PLA I NTI FF h ad made reports o fviolations oflaw to DEFENDANT.REOUEST FOR ADMISSION l l l .

Admit that by 10/3/06 Ray Watson was aware that PLAINTIFF ha d made reports of violations 0law to DEFENDANT.REQUEST FOR ADMISSION 112.


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REQUEST FORADMISSION 103,Admit that by 7/10/06 Ray Watson was aware that PLAINTIFF had made reports of violations 01

law to DEFENDANT.REQUEST FOR ADMISSION 104.

Admit that by 7/10/06 Jose Perez was aware that PLAINTIFF had made reports of violations oflaw to DEFENDANT.REQUEST FOR ADMISSION 105.

Admit that by 7/10/06 David Hill was aware that PLAINTIFF had made reports of violations oflaw to DEFENDANT.REQUEST FOR ADMISSION 106.

Admitthat by 7/10/06 Eugene Kercher was aware that PLAINTIFF had made reports ofviolations oflaw to DEFENDANT.REQUEST FOR ADMISSION 107.

Admitthat by 10/3/06 Peter Bryan was aware that PLAINTIFF had made reports of violations oflaw to DEFENDANT.REQUEST FOR ADMISSION 108.

Admit that by 10/3/06 David Culberson was aware that PLAINTIFF had made reports ofviolations oflaw to DEFENDANT.REQUEST FOR ADMISSION 109.

Admit that by 10/3106 Karen Barnes was aware that PLAINTIFF had made reports of violationsoflaw to DEFENDANT.REQUEST FOR ADMISSION 110.

Admit that by 10/3/06 Barbara Patrickwas aware that PLAINTIFF had made reports ofviolations oflaw to DEFENDANT.REQUEST FQRADMISSION i lL.

Admit that by 10/3/06 Ray Watson was aware that PLAINTIFF had made reports of violations oflaw to DEFENDANT.REQUEST FOR ADMISSION 112.



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17/36


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I of law to the California Department ofHealth Services.2 REQUEST FOR ADMISSION 122.3 Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had made reports of violations4 of law to the California DepartmentofHealth Services.5 REOUEST FOR ADMISSION 123.6 Admit that by 10/4/07MarkWasser was aware that PLAINTIFF had made reports of violations7 of law to the California Department ofHealth Services.8 REQUEST FOR ADMISSION 124.9 Admit that by 10/4/07 Michael Rubio was aware that PLAINTIFF had made reports of violations10 of law to the California Department ofHealth Services.11 REOUEST FOR ADMISSION 125.12 Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had made reports of violations 013 law to the California Department of Health Services.14 REOUEST FOR ADMISSION 126.15 Admit that PLAINTIFF's reports of violations of law were a contributing factor in16 DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical stafffile on17 10/17/05.18 REOUEST FOR ADMISSION 127.19 Admit that PLAINTIFF's reports of violations of law were a contributing factor in20 DEFENDANT's decision to PLAINTIFF's leave to full-time leave on 4/28/06.21 REQUEST FOR ADMISSION 128.22 Admit that PLAINTIFF's reports ofviolations of law were a contributing factor in23 DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair ofthe24 department of pathology at KMC on 6/13/06.25 REOUEST FOR ADMISSION 129.26 Admit that PLAINTIFF's reports ofviolations of law were a contributing factor in27 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of28 pathology at KMCon 7/10/06.


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1 of law to the California Department of Health Services.2 REQUEST FOR ADMISSION 122.3 Admit that by 10/4/07 Mark Nations was aware that PLAINTIFF had made reports of violations4 of law to the California Department ofHealth Services.5 REQUEST FOR ADMISSION 123.6 Admit that by 10/4/07 Mark Wasser was aware that PLAINTIFF had made reports of violations7 of law to the California Department of Health Services.8 REQUEST FOR ADMISSION 124.9 Admit t hat by 10/4/07 Michael Rubio was aware that PLAINTIFF had made reports of violations10 of law to the California Department ofHealth Services.11 REQUEST FOR ADMISSION 125.12 Admit that by 10/4/07 Ray Watson was aware that PLAINTIFF had made reports of violations oj13 law to the California Department of Health Services.14 REQUEST FOR ADMISSION 126.15 Admit that PLAINTIFF's reports of violations of law were a contributing factor in16 DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's medical stafffile on17 10/17/05.18 REQUEST FOR ADMISSION 127.19 Admit that PLAINTIFF's reports of violations of law were a contributing factor in20 DEFENDANT's decision to PLAINTIFF's leave to f u l l ~ t i m e leave on 4/28/06.21 REQUEST FOR ADMISSION 128.22 Admit that PLAINTIFF's reports of violations of law were a contributing factor in23 DEFENDANT's decision to recommend removal of PLAINTIFF from the position of chair ofthe24 department of pathology at KMC on 6/13/06.25 REQUEST FOR ADMISSION 129.26 Admit that PLAINTIFF's reports of violations of law were a contributing factor in27 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of28 pathology at KMC on 7/10/06.



18/36


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REQUEST FORADMISSION 130.Admit that PLAINTIFF's reports of violations of law were a contributing factor in

DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.REQUEST FOR ADMISSION 131.

Admit that PLAINTIFF's reports of violations of law were a contributing factor inDEFENDANT's decision to place PLAINTIFF on administrative leave on 1216/06.REQUEST FOR ADMISSION 132.

Admit that PLAINTIFF's reports of violations of law were a contributing factor inDEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in2007.

IV. CFRA/FMLAREQUEST FOR ADMISSIQN 133.

Admit that DEFENDANTgranted PLAINTIFF medical leave on a "REDUCED LEAVESCHEDULE" (as that tenn is defined in 29 C.F.R. 825.203(a from 12/16105 to 4/28/06.REQUEST FOR ADMISSION 134.

Admit that as of 12/16/05, PLAINTIFF had more than 12 months of service with DEFENDANT.REQUEST FOR ADM1SSION 135.Admit that as of 12/16/05, PLAINTIFF had worked more than 1,250 hours for DEFENDANTduring the previous 12 months.REQUEST FOR ADMISSION 136.

Admit that as of 12/16/05, PLAINTIFF had taken no more than 12 weeks ofmedical leave in theprevious 12 months.REQUEST FOR ADMISSION 137.

Admit that as of 12/16105, PLAINTIFF was eligible for medical leave under CFRA.REQUEST FOR ADMISSION 138.

Admit that as of 12/16/05, PLAINTIFF was eligible for medical leave under FMLA.REQUEST FQR ADMISSION 139.

Admit that PLAINTIFF's recurrent major depressive disorder was a "SERIOUS HEALTH


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REQUEST FOR ADMISSION 130.Admit that PLAINTIFF's reports of violations of law were a contributing factor in

DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.REQUEST FOR ADMISSION 131.

Admit that PLAINTIFF's reports of violations of lawwere a contributing factor inDEFENDANT's decision to place PLAINTIFF on administrative leave on 1216/06.REQUEST FOR ADMISSION 132.

Admit that PLAINTIFF's reports of violations of law were a contributing f a c t o ~ inDEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in2007.

IV. CFRA/FMLAREQUEST FOR ADMISSION 133.

Admit that DEFENDANT granted PLAINTIFF medical leave on a "REDUCED LEAVESCHEDULE" (as that tenn is defined in 29 C.F.R. 825.203(a) from 12116105 to 4/28/06.REQUEST FOR ADMISSION 134.

Admit that as of 12/16/05, PLAINTIFF had more than 12 months of service with DEFENDANT.REQUEST FOR ADMISSION 135.Admit that as of 12116105, PLAINTIFF had worked more than 1,250 hours for DEFENDANTduring the previous 12 months.REQUEST FOR ADMISSION 136.

Admit that as of 12/16/05, PLAINTIFF had taken no more than 12 weeks of medical leave in theprevious 12 months.REQUEST FOR ADMISSION 137.

Admit that as of 12/16/05, PLAINTIFF was eligible for medical leave under CFRA.REQUEST FOR ADMISSION 138.

Admit that as of 12/16/05, PLAINTIFF was eligible for medical leave under FMLAREQUEST FOR ADMISSION 139.

Admit that PLAINTIFF's recurrent major depressive disorder was a "SERIOUS HEALTH



19/36


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I CONDITION" (as that tenn is defined in 29 C.F.R. 825.114) from 12/16/05 to 9/11/06.2 REQUEST FOR ADMISSION 140.3 Admit that PLAINTIFF took medical leave from 12/16/05 to 4/28/06 for a SERIOUS HEALTH4 CONDITION that made him unable to perform the functions of his job on a full-time basis.5 REQUEST FOR ADMISSION 141.6 Admit that PLAINTIFF provided reasonable notice to DEFENDANT of his need for the medical7 leave which began on 12/16/05.8 REQUEST FOR ADMISSION 142.9 Admit that PLAINTIFF provided reasonable notice to DEFENDANT of his need for an10 extension of the medical leave which began on 12/16/06.II REQUEST FOR ADMISSIQN 143.12 Admit that PLAINTIFF timely provided certification of his SERIOUS HEALTH CONDITION13 from a health-care provider in support of his need for the medical leave that began on 12/16/05.14 REQUEST FORADMISSIQN 144.15 Admit that PLAINTIFF timely provided re-certification of his SERIOUS HEALTH16 CONDITION from a health-care provider in support of his need for an extension of the medical leave17 which began on 12/16/06.18 REQUEST FOR ADMISSION 145.19 Admit that from 12/16/05 to 4/28/06, PLAINTIFF's medical need was best accommodated20 through medical leave on a REDUCED LEAVE SCHEDULE.21 REQUEST FOR ADMISSION 146.22 Admit that from 4/28/06 to 9/11/06, PLAINTIFF's medical need would best have been23 accommodated through medical leave on a REDUCED LEAVE SCHEDULE.24 REQUEST FOR ADMISSION 147.25 Admit that on 4/28/06, DEFENDANT converted PLAINTIFF's medical leave on a REDUCED26 LEAVE SCHEDULE to full-time medical leave.27 REQUEST FOR ADMISSIQN 148.28 Admit that DEFENDANT interfered with PLAINTIFF's medical leave on 4/28/06.


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REQUEST FQR ADMISSIQN 149.Admit that PLAINTIFF was harmed by DEFENDANT's interference with PLAINTIFF's

medical leave on 4/28/06.REQUEST FQR ADMISSIQN 150.

Admit that DEFENDANT's interference with PLAINTIFF's medical leave on 4/28/06 was asubstantial factor in causing PLAINTIFF's harm.REQUEST FQR ADMISSION IS!.

Admit that DEFENDANT used PLAINTIFF's taking of medical leave as a negative factor inrecommending removal of PLAINTIFF from the position of chair of the department of pathology atKMC on 6/13/06.REQUEST FORADMISSIQN 152.

Admit that DEFENDANT used PLAINTIFF's taking ofmedical leave as a negative factor inremoving PLAINTIFF from the position of chair of the department of pathology at KMC on 7/10/06.REQUEST FQR ADMISSIQN 153.

Admitthat PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to recommend removal of PLAINTIFF from the position of chair of the department ofpathology at KMC on 6/13/06.REQUEST FOR ADMISSION 154.

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to remove PLAINTIFF from the position of chair of the department of pathology at KMC on7/10106.REQUEST FQR ADMISSION 155.

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to reduce PLAINTIFF's base salary on 10/3/06.REOUEST FOR ADMISSION 156

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to place PLAINTIFF on administrative leave on 12/7/06.REQUEST FOR ADMISSION 157.


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REQUEST FOR ADMISSION 149.Admit that PLAINTIFF was hanned by DEFENDANT's interference with PLAINTIFF's

medical leave on 4/28/06.REQUEST FOR ADMISSION 150.

Admit that DEFENDANT's interference with PLAINTIFF's medical leave on 4/28/06 was asubstantial factor in causing PLAINTIFF's harm.REQUEST FOR ADMISSION 151.

Admit that DEFENDANT used PLAINTIFF's taking of medical leave as a negative factor inrecommending removal of PLAINTIFF from the position of chair of the department of pathology atKMC on 6/13/06.REQUEST FOR ADMISSION 152.

Admit that DEFENDANT used PLAINTIFF's taking ofmedical leave as a negative factor inremoving PLAINTIFF from the position of chair of the department of pathology at KMC on 7/10/06.REQUEST FOR ADMISSION 153.

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to recommend removal of PLAINTIFF from the position of chair ofthe department ofpathology at KMC on 6/13/06.REQUEST FOR ADMISSION 154.

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to remove PLAINTIFF from the position of chair ofthe department of pathology at KMC on7/10/06.

REQUEST FOR ADMISSION 155.Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT's

decision to reduce PLAINTIFF's base salary on 10/3/06.REOUEST FOR ADMISSION 156.

Admit that PLAINTIFF's taking of medical leave was a motivating reason in DEFENDANT'sdecision to place PLAINTIFF on administrative leave on 12/7/06.REQUEST FOR ADMISSION 157.



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I Admit that PLAINTIFF's talOng of medical leave was a motivating reason in DEFENDANT's2 decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.3 V. DISABILITY DISCRIM4 REQUEST FQR ADMISSIQN 158.5 Admit that from at least 10/17/05 to at least 10/4/07, that PLAINTIFF had a "MENTAL6 DISABILITY" that limited a "MAJOR LIFE ACTIVITY" (as those terms are used in Cal. Gov't. Code 7 I2926(i)).8 REQUEST FOR ADMISSION 159.9 Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, he was able10 to perform the "ESSENTIAL FUNCTIQNS" of his job (as that term is defined in Cal. Gov't. Code II 12926(f)) when provided accommodation for his MENTALDISABILITY.12 REQUEST FOR ADMISSION 160.13 Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY14 from DEFENDANT in the form of temporary part-time work.15 REQUEST FOR ADMISSION 161.16 Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY17 from DEFENDANT in the fonn of permission to work at home occasionally.18 REQUEST FOR ADMISSION 162.19 Admit that from 119/06 to 4128/06, PLAINTIFF's temporary part-time work was a reasonable20 accommodation for PLAINTIFF's MENTAL DISABILITY.21 REQUEST FOR ADMISSION 163.22 Admit that from 119/06 to 4128/06, permitting PLAINTIFF to work at home occasionally was a23 reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.24 REQUEST FOR ADMISSION 164.25 Admit that from 4128/06 to 9/11106, PLAINTIFF's temporary part-time work would have been a26 reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.27 REQUEST FOR ADMISSION 165.28 Admit that from 4128/06 to 9/11106, permitting PLAINTIFF to work at home occasionally would


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I Admit that PLAINTIFF's takillg ofmedical leave was a motivating reason in DEFENDANT's2 decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.3 V. DISABILITY DISCRIM4 REQUEST FQR ADMISSIQN 158.5 Admit that from at least 10/17/05 to at least 10/4/07, that PLAINTIFF had a "MENTAL6 DISABILITY" that limited a "MAJOR LIFE ACTIVITY" (as those terms are used in Cal. Gov't. Code 7 I2926(i)).8 REQUEST FOR ADMISSION 159.9 Admit that throughout the course of PLAINTIFF's employment by DEFENDANT, he was able10 to perform the "ESSENTIAL FUNCTIQNS" of his job (as that term is defined in Cal. Gov't. Code II 12926(f)) when provided accommodation for his MENTALDISABILITY.12 REQUEST FOR ADMISSION 160.13 Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY14 from DEFENDANT in the form of temporary part-time work.15 REQUEST FOR ADMISSION 161.16 Admit that on 119/06, PLAINTIFF requested accommodation of his MENTAL DISABILITY17 from DEFENDANT in the form of permission to work at home occasionally.18 REQUEST FOR ADMISSION 162.19 Admit that from 119/06 to 4128/06, PLAINTIFF's temporary part-time work was a reasonable20 accommodation for PLAINTIFF's MENTAL DISABILITY.21 REQUEST FOR ADMISSION 163.22 Admit that from 119/06 to 4128/06, permitting PLAINTIFF to work at home occasionally was a23 reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.24 REQUEST FOR ADMISSION 164.25 Admit that from 4128/06 to 9/11106, PLAINTIFF's temporary part-time work would have been a26 reasonable accommodation for PLAINTIFF's MENTAL DISABILITY.27 REQUEST FOR ADMISSION 165.28 Admit that from 4128/06 to 9/11106, permitting PLAINTIFF to work at home occasionally would



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1 have been a reasonable accommodation for PLAINTIFF's MENTAL DISABILITY,2 REQUEST FOR ADMISSION 166,3 Admit that from 4/28/06 to 9/11/06, DEFENDANT failed to provide accommodation for4 PLAINTIFF's MENTAL DISABILITY in the form of temporary part-time work.5 REQUEST FOR ADMISSION 167,6 Admit that from 4128/06 to 9111/06, DEFENDANT failed to provide accommodation for7 PLAINTIFF's MENTAL DISABILITY in the form of permission to work at home occasionally.8 REQUEST FOR ADMISSION 168.9 Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in10 the form of temporary part-time work from 4/28/06 to 9111/06,11 REQUEST FOR ADMISSIQN 169,12 Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in13 the form of permission to work at home occasionally from 4128/06 to 9/11/06.14 REQUEST FQR ADMISSIQN 170,15 Admit that DEFENDANT's failure to provide accommodation in the form oftemporary part-16 time work from 4/28/06 to 9/11/06 was a substantial factor in causing PLAINTIFF's harm,17 REQUEST FOR ADMISSION 171.18 Admit that DEFENDANT's failure to provide accommodation in the form of permission to work19 at home occasionally from 4128/06 to 9/11106 was a substantial factor in causing PLAINTIFF's harm,20 REQUEST FOR ADMISSION 172.21 Admit that on 4128/06, DEFENDANT failed to engage in a "TIMELY, GOOD FAITH,22 INTERACTIVE PROCESS" (as those terms are used in Cal. Gov'\. Code 12926(n)) with PLAINTIFF23 to determine how to continue to provide effective accommodation for his MENTAL DISABILITY,24 REQUEST FOR ADMISSION 173.25 Admit that PLAINTIFF was harmed by DEFENDANT's failure on 4/28/06, to engage in26 TIMELY, GOQD FAITH, INTERACTIVE PROCESS with PLAINTIFF,27 REQUEST FOR ADMISSION 174.28 Admit that DEFENDANT's failure on 4128/06, to engage in TIMELY, GOOD FAITH,


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1 have been a reasonable accommodation for PLAINTIFF's MENTAL DISABILITY,2 REQUEST FOR ADMISSION 166.3 Admit that from 4128/06 to 9/11/06, DEFENDANT failed to provide accommodation for4 PLAINTIFF's MENTAL DISABILITY in the form of temporary part-time work.5 REQUEST FOR ADMISSION 167.6 Admit that from 4/28/06 to 9/11/06, DEFENDANT failed to provide accommodation for7 PLAINTIFF's MENTAL DISABILITY in the form of permission to work at home occasionally.8 REQUEST FOR ADMISSION 168.9 Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in10 the fonn of temporary part-time work from 4/28/06 to 9/11/06.11 REQUEST FOR ADMISSION 169.12 Admit that PLAINTIFF was harmed by DEFENDANT's failure to provide accommodation in13 the fann of permission to work at home occasionally from 4/28/06 to 9/11/06.14 REQUEST FOR ADMISSION 170.15 Admit that DEFENDANT's failure to provide accommodation in the fonn of temporary part-16 time work from 4128/06 to 9/11/06 was a substantial factor in causing PLAINTIFF's harm.17 REQUEST FOR ADMISSION 171.18 Admit that DEFENDANT's failure to provide accommodation in the form of permission to work19 at home occasionally from 4/28/06 to 9/11/06 was a substantial factor in causing PLAINTIFF's harm.20 REQUEST FOR ADMISSION 172.21 Admit that on 4128/06, DEFENDANT failed to engage in a "TIMELY, GOOD FAITH,22 INTERACTIVE PROCESS" (as those teffilS are used in Cal. Gov't. Code 12926(n)) with PLAINTIFF23 to determine bow to continue to provide effective accommodation for his MENTAL DISABILITY.24 REQUEST FOR ADMISSION 173.25 Admit that PLAINTIFF was harmed by DEFENDANT's failure on 4/28/06, to engage in26 TIMELY. GOOD FAITH, INTERACTIVE PROCESS with PLAINTIFF.27 REQUEST FOR ADMISSION 174.28 Admit that DEFENDANT's failure on 4/28/06, to engage in TIMELY, GOOD FAITH,



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1 INTERACTIVE PROCESS with PLAINTIFF was a substantial factor in causing PLAINTIFF's harm.2 REQUEST FOR ADMISSION 175.3 Admit that DEFENDANT knew by 11/30/03 that PLAINTIFF had a MENTAL DISABILITY.4 REQUEST FQR ADMISSIQN 176.5 Admit that DEFENDANT knew by 10/17/05 that PLAINTIFF had a MENTAL DISABILITY.6 REQUEST FOR ADMISSION 177.7 Admit that DEFENDANT knew by 4/28/06 that PLAINTIFF had a MENTALDISABILITY.8 REQUEST FOR ADMISSIQN 178.9 Admit that DEFENDANT knew by 6/13/06 that PLAINTIFF had a MENTALDISABILITY.10 REQUEST FOR ADMISSION 179.11 Admit that DEFENDANT knew by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY.

REQUEST FOR ADMISSION 182.Admit that DEFENDANTthought by 11/30/03 that PLAINTIFF had a MENTAL DISABILITY.

REQUEST FOR ADMISSION 183.Admit that DEFENDANT thought by 10/17/05 that PLAINTIFF had a MENTAL DISABILITY.9

12 REQUEST FOR ADMISSION 180.13 Admit that DEFENDANT knew by 12/6/06 that PLAINTIFF had a MENTALDISABILITY.14 REQUEST FOR ADMISSIQN 181.15 Admit that DEFENDANT knew by 10/4/07 that PLAINTIFF had a MENTALDISABILITY.161718

20 REQUEST FQR ADMISSION 184.21 Admit that DEFENDANT thought by 6/13/06 that PLAINTIFF had a MENTAL DISABILITY.22 REQUEST FOR ADMISSION 185.23 Admit that DEFENDANT thought by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY.24 REQUEST FOR ADMISSION 186.25 Admit that DEFENDANT thought by 12/6/06 that PLAINTIFF had a MENTAL DISABILITY.26 REQUEST FOR ADMISSION 187.27 Admit that DEFENDANT thought by 10/4/07 that PLAINTIFF had a MENTAL DISABILITY.28 REQUEST FOR ADMISSION 188.

PLAINTIFF'S REQUESTS FOR ADM ISSION (SETONE) 22

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1 INTERACTIVE PROCESS with PLAINTIFF was a substantial factor in causing PLAINTIFF's hann.2 REQUEST FOR ADMISSION 175.3 Admit that DEFENDANT knew by 11/30103 that PLAINTIFF had a MENTAL DISABILITY.4 REQUEST FOR ADMISSION 176.5 Admit that DEFENDANT knew by 10117/05 that PLAINTIFF had a MENTAL DISABILITY.6 REQUEST FOR ADMISSION 177.7 Admit that DEFENDANT knew by 4/28/06 that PLAINTIFF had a MENTALDISABILIlY.8 REQUEST FOR ADMISSION 178.9 Admit that DEFENDANT knew by 6/13/06 that PLAINTIFF had a MENTALDISABILITY.10 REQUEST FOR ADMISSION 179.11 Admitthat DEFENDANT knew by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY.12 REQUEST FOR ADMISSION 180.13 Admit that DEFENDANT knew by 12/6/06 that PLAINTIFF had a MENTALDISABILIlY.14 REQUEST FOR ADMISSION 181.15 Admit that DEFENDANT knew by 10/4/07 that PLAINTIFF had a MENTAL DISABILITY.16 REQUEST FOR ADMISSION 182.17 Admit that DEFENDANTthought by 11/30/03 that PLAINTIFF had a MENTAL DISABILITY.18 REQUEST FOR ADMISSION 183.19 Admit that DEFENDANT thought by 10/17/05 that PLAINTIFF had a MENTAL DISABILITY20 REQUEST FOR ADMISSION 184.21 Admit that DEFENDANT thought by 6/13/06 that PLAINTIFF had a MENTAL DISABILITY.22 REQUEST FOR ADMISSION 185.23 Admit that DEFENDANT thought by 10/3/06 that PLAINTIFF had a MENTAL DISABILITY.24 REQUEST FOR ADMISSION 186.25 Admit that DEFENDANT thought by 12/6/06 that PLAINTIFF had a MENTAL DISABILITY.26 REQUEST FOR ADMISSION 187.27 Admit that DEFENDANT thought by 10/4/07 that PLAINTIFF had a MENTAL DISABILITY.28 REQUEST FOR ADMISSION 188.



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I Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's2 decision to place three letters of dissatisfaction in PLAINTIFF's medical stafffile on 10/17/05.3 REOUEST FOR ADMISSION 189.4 Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a5 motivating reason in DEFENDANT's decision to place three letters ofdissatisfaction in PLAINTIFF's6 medical staff f ile on 10/17/05.7 REOUEST FOR ADMISSION 190.8 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's9 decision to conver! PLAINTIFF's leave to full-time leave on 4/28/06.10 REOUEST FOR ADMISSION 191.II Admit that PLAINTIFF's occasionally working at home was a motivating reason in12 DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on 4/28106.13 REOUEST FOR ADMISSION 192.14 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's15 decision to convert PLAINTIFF's leave to full-time leave on 4/28/06.16 REOUEST FOR ADMISSION 193.17 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITYwas a18 motivating reason in DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on19 4/28/06.20 REOUEST FOR ADMISSION 194.21 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's22 decision to remove PLAINTIFF from the position of chair ofthe department of pathology at KMC on23 6/13/06.24 REOUEST FOR ADMISSION 195.25 Admit that PLAINTIFF's occasionally working at home was a motivating reason in26 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of27 pathology at KMC on 6/13/06.28 REOUEST FOR ADMISSION 196.


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1 Admit t hat PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's2 decision to place three letters ofdissatisfaction in PLAINTIFF's medical stafffile on 10/17/05.3 REQUEST FOR ADMISSION 189.4 Admit t hat DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was aS motivating reason in DEFENDANT's decision to place three letters of dissatisfaction in PLAINTIFF's6 medical staff file on 10/17/05.7 REQUEST FOR ADMISSION 190.8 Admit that PLAINTIFF's temporary parHime workwas a motivating reason in DEFENDANT's9 decision to convert PLAINTIFF 's leave to full-time leave on 4/28/06.10 REQUEST FOR ADMISSION 191.11 Admit that PLAINTIFF's occasionally working at home was a motivating reason in12 DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on 4/28106.13 REQUEST FOR ADMISSION 192.14 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's15 decision to convert PLAINTIFF's leave to full-time leave on 4/28/06.16 REQUEST FOR ADMISSION 193.17 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITYwas a18 motivating reason in DEFENDANT's decision to convert PLAINTIFF's leave to full-time leave on19 4/28/06.20 REQUEST FORADMISSION 194.21 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's22 decision to remove PLAINTIFF from the position of chair of the department of pathology at KMC on23 6/13/06.24 REQUEST FOR ADMISSION 195.25 Admit that PLAINTIFF's occasionally working at home was a motivating reason in26 DEFENDANT's decision to remove PLAINTIFF from the posit ion of chair of the department of27 pathology at KMC on 6/13/06.28 REQUEST FOR ADMISSION 196.



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I Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's2 decision to remove PLAINTIFF from the position of chair of the department of pathology at KMC on3 6/13/06.4 REQUEST FQR ADMISSION 197.5 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITY was a6 motivating reason in DEFENDANT's decision to remove PLAINTIFF from the position of chair of the7 department of pathology at KMC on 6/13/06.8 REQUEST FOR ADMISSION 198.9 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's10 decision to remove PLAINTIFF from the position of chair of the department of pathology at KMC onII 7/10/06.12 REQUEST FOR ADMISSION 199.13 Admit that PLAINTIFF's occasionally working at home was a motivating reason in14 DEFENDANT's decision to remove PLAINTIFF from the position of chair of the department of15 pathology at KMC on 7/10/06.16 REQUEST FOR ADMISSION 200.17 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's18 decision to remove PLAINTIFF from the position of chair ofthe department of pathology at KMC on19 7/10/06.20 REQUEST FOR ADMISSION 201.21 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITYwas a22 motivating reason in DEFENDANT's decision to remove PLAINTIFF from the position of chair of the23 department of pathology at KMC on 7/10/06.24 REQUEST FOR ADMISSION 202.25 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's26 decision to reduce PLAINTIFF's base salary on 10/3106.27 REQUEST FOR ADMISSION 203.28 Admitthat PLAINTIFF's occasionally working at home was a motivating reason in


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I DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.2 REQUEST FQR ADMISSION 204.3 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's4 decision to reduce PLAINTIFF's base salary on 10/3/06.5 REQUEST FQR ADMISSION 205.6 Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a7 motivating reason in DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.8 REQUEST FOR ADMISSION 206.9 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's10 decision to place PLAINTIFF on administrative leave on 12/7/06.II REQUEST FOR ADMISSION 207.12 Admit that PLAINTIFF's occasionally working at home was a motivating reason in13 DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.14 REQUEST FORADMISSION 208.15 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's16 decision to place PLAINTIFF on administrative leave on 12/7/06.17 REQUEST FORADMISSION 209.18 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITY was a19 motivating reason in DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.20 REQUEST FQR ADMISSION 210.21 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's22 decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.23 REQUEST FOR ADMISSIQN 211.24 Admit that PLAINTIFF's occasionally working at home was a motivating reason in25 DEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in26 2007.27 REQUEST FOR ADMISSION 212.28 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's


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1 DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.2 REQUEST FOR ADMISSION 204.3 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's4 decision to reduce PLAINTIFF's base salary on 10/3/06.5 REQUEST FOR ADMISSION 205.6 Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a7 motivating reason in DEFENDANT's decision to reduce PLAINTIFF's base salary on 10/3/06.8 REQUEST FOR ADMISSION 206.9 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's10 decision to place PLAINTIFF on administrative leave on 12/7/06.11 REQUEST FOR ADMISSION 207.12 Admit that PLAINTIFF's occasionally working at home was a motivating reason in13 DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.14 REQUEST FOR ADMISSION 20S.15 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's16 decision to place PLAINTIFF on administrative leave on 12/7/06.17 REQUEST FOR ADMISSION 209.18 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITY was a19 motivating reason in DEFENDANT's decision to place PLAINTIFF on administrative leave on 12/7/06.20 REQUEST FOR ADMISSION 210.21 Admit that PLAINTIFF's temporary part-time work was a motivating reason in DEFENDANT's22 decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.23 REQUEST FOR ADMISSION 211.24 Admit that PLAINTIFF's occasionally working at home was a motivating reason in25 DEFENDANT's decision not to renew PLAINTIFF's employment contract with DEFENDANT in26 2007.27 REQUEST FOR ADMISSION 212.28 Admit that PLAINTIFF's MENTAL DISABILITY was a motivating reason in DEFENDANT's



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1 decision not to renew PLAlNTIFF's employment contract with DEFENDANT in 2007.2 REQUEST FQR ADMISSION 213.3 Admit that DEFENDANT's belief that PLAINTIFF had a MENTAL DISABILITY was a4 motivating reason in DEFENDANT's decision not to renew PLAlNTIFF's employment contract with5 DEFENDANT in 2007.6 VI. DUE PROCESS7 REQUEST FOR ADMISSION 214.8 Admit that the Board of Supervisors for the County of Kern voted on 12/13/04 to approve the9 Bylaws ofKMC as in effect between 6/13/06 and 10/4/07 ("BYLAWS").10 REQUEST FOR ADMISSION 215.11 Admit that the BYLAWS did not provide for "DUE PRQCESS" (as that term is used in the 14 th12 Amendment to the U.S. Constitution) to PLAINTIFF for removal of PLAINTIFF from chairmanship of13 the KMC Pathology department on 7/10/06.14 REQUEST FOR ADMISSION 216.15 Admit that the BYLAWS did not provide for DU E PROCESS to PLAlNTIFF for reduction of16 PLAlNTIFF's base salary on 10/3/06.17 REQUEST FOR ADMISSION 217.18 Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for placement of19 PLAINTIFF on involuntary administrative leave on 12/7/06.20 REQUEST FQR ADMISSION 218.21 Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for nonrenewal of22 PLAINTIFF's employment contract with DEFENDANT on 10/4107.23 REQUEST FOR ADMISSION 219.24 Admit that DEFENDANT relied on the BYLAWS in denying DUE PROCESS to PLAINTIFF25 for removal of PLAINTIFF from chairmanship of the KM C Pathology department on 7/10/06.26 REQUEST FOR ADMISSION 220.27 Admit that DEFENDANT relied on the BYLAWS in denying PLAINTIFF DUE PROCESS for28 reduction ofPLAINTlFF's base salary on 10/3/06.


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1 decision not to renew PLAINTIFF's employment contract with DEFENDANT in 2007.2 REQUEST FOR ADMISSION 213.3 Admit that DEFENDANT's beliefthat PLAINTIFF had a MENTAL DISABILITYwas a4 motivating reason in DEFENDANT's decision not to renew PLAINTIFF's employment contract with5 DEFENDANT in 2007.6 VI. DUE PROCESS7 REQUEST FOR ADMISSION 214.8 Admit that the Board of Supervisors for the County of Kern voted on 12/13/04 to approve the9 Bylaws ofKMC as in effect between 6/13/06 and 1014/07 ("BYLAWS").10 REQUEST FOR ADMISSION 215.11 Admit that the BYLAWS did not provide for "DUE PROCESS" (as that term is used in the 14th12 Amendment to the U.S. Constitution) to PLAINTIFF for removal of PLAINTIFF from chairmanship of13 the KMC Pathology department on 7/10/06.14 REQUEST FOR ADMISSION 216.15 Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for reduction of16 PLAINTIFF's base salary on 10/3/06.17 REQUEST FOR ADMISSION 217.18 Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for placement of19 PLAINTIFF on involuntary administrative leave on 1217106.20 REQUEST FOR ADMISSION 218.21 Admit that the BYLAWS did not provide for DUE PROCESS to PLAINTIFF for nonrenewal of22 PLAINTIFF's employment contractwith DEFENDANT on 10/4107.23 REQUEST FOR ADMISSION 219.24 Admit that DEFENDANT relied on the BYLAWS in denying DUE PROCESS to PLAINTIFF25 for removal of PLAINTIFF from chairmanship of the KMC Pathology department on 7/10/06.26 REQUEST FOR ADMISSION 220.27 Admit that DEFENDANT relied on the BYLAWS in denying PLAINTIFF DUE PROCESS for28 reduction of PLAINTIFF's base salary on 10/3/06.



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REQUEST FOR ADMISSION 230.Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS prior to removing him

from his chairmanship of the KMC Pathology Department on 7/10/06.REOUEST FOR ADMISSION 231.

Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS after removing himfrom his chairmanship of the KMC Pathology Department on 7/10/06.REQUEST FOR ADMISSION 232.

Admit that Peter Bryan was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.

REQUEST FOR ADMISSION 233.Admit that Toni Smith was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 234.

Admit that Irwin Harris was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 235.

Admit that Scott Ragland was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 236.

Admit that Jennifer Abraham was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 237.

Admit that Eugene Kercher was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REOUEST FOR ADMISSION 238.

Admit that DEFENDANT did not permit PLAINTIFF an opportunity to tell his side of the storyto the KMC Joint Conference Committee in connection with the decision to remove PLAINTIFF fromhis chairmanship.


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REQUEST FOR ADMISSION 230.Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS prior to removing him

from his chairmanship of the KMC Pathology Department on 7/10/06.REQUEST FOR ADMISSION 231.

Admit that DEFENDANT did not give PLAINTIFF any DUE PROCESS after removing himfrom his chairmanship of the KMC Pathology Department on 7/10/06.REQUEST FOR ADMISSION 232.

Admit that Peter Bryan was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chainnanship.

REQUEST FOR ADMISSION 233.Admit that Toni Smith was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 234.

Admit that Irwin Harris was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 235.

Admit that Scott Ragland was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 236.

Admit that Jennifer Abraham was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 237.

Admit that Eugene Kercher was not an impartial adjudicator in connection with the KMC JointConference Committee vote to remove PLAINTIFF from his chairmanship.REQUEST FOR ADMISSION 238.

Admit that DEFENDANT did not permit PLAINTIFF an opportunity to tell his side of the storyto the KMC Joint Conference Committee in connection' with the decision to remove PLAINTIFF fromhis chainnanship.



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REQUEST FQR ADMISSIQN 239.Admit that PLAINTIFF's removal from chairmanship on 7/10/06 did not warrant immediate

action without prior DUE PROCESS.REQUEST FOR ADMISSION 240.

Admit that PLAINTIFF had a clearly established right to impartial adjudicators in connectionwith his removal from chairmanship on 7/10/06.REQUEST FOR ADMISSION 241.

Admit that prior to 10/3/06, PLAINTIFF had a constitutionally protected property interestin his base salary of $287,529 pursuant to his employment contract dated 11/2/02.REQUEST FOR ADMISSION 242.

Admit that prior to 10/3/06, PLAINTIFF's constitutionally protected property interest in his inhis base salary of $287,529 pursuant to his employment contract dated 11/2/02, was clearly established.REQUEST FOR ADMISSION 243.

Admit that prior to 10/3/06, PLAINTIFF was entitled to a base salary of $287,529 per yearpursuant to his employment contract entered into with DEFENDANT as of 11/2/02.REQUEST FOR ADMISSION 244.

Admit that prior to 10/3/06, there was a mutually explicit understanding between PLAINTIFFand DEFENDANT that DEFENDANTwould not reduce PLAINTIFF's base salary without cause.REQUEST FOR ADMISSION 245.

Admit that Amendment No.1 to PLAINTIFF's employment contract entered into by andbetween PLAINTIFF and DEFENDANT on 10/3/06 lacked consideration.REQUEST FOR ADMISSION 246.

Admit that PLAINTIFF's base salary was reduced by $100,842 on 10/3/06 due to PLAINTIFF'schange in status from department chairman to staff pathologist.REOUEST FOR ADMISS

Documents

172 D Notice of Lodging - RFA1