united states district court central district of california

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Mariana R. pfaelzer and the assigned
discovery Magistrate Judge is David T. Bristow.
The case number on all documents filed with the Court should read as follows:
EDCV13- 1249 MRP (DTBx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
The United States District Judge assigned to this case will review all filed discovery
motions and thereafter, on a case-by-case ormotion-by-motion basis, may refer
discovery related motions to the :r-,,1agistrate Judge for hearing and determination
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
~
Subsequent documents must be filed at the following location:
'"l><1\
Western Division
,/'J312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
Southern Division
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV·18 (03/06)
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
1
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STUTZARTIANO SHINOFF & BOLTZ
A Pr1~ssional Corporation
Ray . Artiano, Esq. tState Bar No. 8891 ~
fjubisa Kostic,
State Bar No. 2266 ~
elissa A. Lewis, sq. (State Bar No. 282 79)
2488 Historic Decatur Road, Suite 200
.
San Dieflo, CA 92106-6113
Tel~ (6 9) 232~3122; Fax: (619) 232-3264
[email protected]
[email protected]
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Attorneys for Plaintiff, PETER KLUNE
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IN THE UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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PETER KLUNE,
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Plaintiff,
12
v.
13
14
15
16
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PALO VERDE HEALTH CARE
DISTRICT, a public entity· TRINA
SARTIN, an individual; SAl',rDR_A
HUDS01'-J, an individual; SAMUEL
BURTON, an individual; and DOES 1-50,
inclusive,
17
COlVIPLAINT F'OR DAMAGES
(DEMAND FOR JURY TRIAL)
Defendants.
18
19
Plaintiff, PETER KLUNE, hereby complains and alleges as follows:
20
I.
21
JURISDICTION AND VENUE
22
23
1.
§lIas
This Court has subject lnatterjurisdiction over this case pursuant to 28U.S.C.
is a civil . . . ...,,,.. . . . , . . .
States, \vith
under
.. LJ'L.... 'VLJl\.J .. .I.
pursuant to
§1
over pendent
and related state clain1s.
This Court has personal jurisdiction over all defendants inaSlTIUch as all
defendants reside, are domiciled and are physically present within the State of California,
28
the state in which this Judicial District is located.
(USDC).wpd
COMPLAINT FOR DAMAGES
HOSPITAL CHIEF EXECUTIVE OFFICER AGREEMENT
THIS AGREEMENT is entered into effective as February 28, 2011 (the "Effective
Date") between the PALO VERDE HEALTH CARE DISTRICT, a governmental entity, by and
through its Board of Directors (hereinafter referred to as the "District") and PETER KLUNE
(hereinafter referred to as "Employee").
RECITALS
A.
Employee is currently serving as the Chief Executive Officer of the District to perfonn
the duties prescribed in the Palo Verde Hospital Job Description for the Chief Executive Officer
and as appropriate and required by applicable law;
B.
Employee being an experienced hospital ChiefExecutive Officer wishes to be employed
by the District as the Chief Executive Officer of the District and of the Palo Verde Hospital as
provided in this Agreement;
NOW, THEREFORE, the above named parties hereby mutually promise and agree as follows:
1.
Employment
The District desires to employ Employee as its Chief Executive Officer ("CEO"),
and Employee agrees to continue employment by the District as its CEO upon the terms and
conditions set forth in this Agreement.
2.
Responsibilities
Employee, as CEO, shall be responsible to the District and be responsibie for ail
actions concerning the District's management, operations and ffiances and in particular the
management and operation of Palo Verde Hospital. In particular, he shall be responsible for, but
not limited to:
Exhibit 1
22
· a.
Performing all functions and duties as the Chief Executive Officer of the District
and perfonning other legally pennissible and proper duties and functions as the
District shall, from time to time, assign in accordance with applicable law.
b.
Interviewing, hiring, reviewing and tenninating employees, department heads and
officers.
c.
Managing all aspects of personnel employed by the District.
d.
Managing the provision of accessible high quality health care services to the
diverse community that the District serves.
e.
Establishing a preferred practice environment for physicians, nurses and all allied
health care professionals.
In addition, Employee shan perfonn such other duties as may be assigned by the District
Board of Directors.
The District agrees to provide Employee with adequate technology
(computer and cellular telephone) to accomplish his duties.
3.
Term of Employment
a.
This Agreement shall be for a term of 3 years commencing the "Effective Date"
unless terminated by either party in accordance with this agreement. This Agreement will renew
automatically at expiration on a year to year basis after the initial three year term unless
tenninated in accordance with the tenns of this Agreement.
4.
Termination by District for Cause
a.
Employee may be tenninated for cause at any time during this Agreement.
b.
In the event Employees employment is tenninated for cause, based on serious
misconduct, he may be terminated immediately. "Serious misconduct" is defmed as follows:
i.
A willful breach of this Agreement.
Exhibit 1
23
ii.
Habitual neglect of duties required to be performed under this Agreement.
iii.
Entry of a plea of guilty or nolo contendere to a felony or a crime
involving moral turpitude.
IV.
Conviction of a crime, whether misdemeanor or felony, and which would
bring disrespect to the office of CEO or the District.
v.
Refusal or failure to act in accordance with a specific directive or order of
the District Board of Directors.
~. MMaintaining a conflict of interest after being directed to resolve said
conflict by ~ the District Board of Directors.
vii.
Use of illegal drugs or abuse of legal drugs ifjob performance is adversely
viii.
Sexual or other prohibited harassment of a District employee, or physical
affected.
violence directed at any District employee.
c.
The District shall deliver Employee a written statement which explains the
grounds for a termination for Serious Misconduct before his employment is terminated. The
District's action to terminate the emplOYment relationship shall be final.
5.
Termination
a.
t~otwithstanding
Section 3(a), Employee may terminate his employment at will
provided that he gives the President of the Board of Directors written notice of the same no less
than 12 months prior to the effective date of the termination, or a reasonable plan of transition.
b.
Notwithstanding Section 3(a), District may terminate Employee's employment at
will provided that it gives Employee severance of no less than 12 months compensation.
6.
Employee's Time
Exhibit 1
24
Employee shall devote his full productive time, ability and attention to his duties
as CEO. However, notwithstanding the foregoing sentence it is understood and agreed upon that
Employee will, on occasion provide consultation, advise, or services to a third party, but that
such activity shall not distract from his responsibilities at Palo Verde Hospital. Employee will
on occasion be required to be on call evenings, weekends or holidays without additional
compensation. Employee will on occasion telecommute from a remote location in fulfillment of
duties as CEO.
7.
Salary
a.
The Salary of Employee, for his services as CEO, shall be, Four Hundred and
Twenty Five Thousand Dollars ($425,000.00) for each 365 day period following the Effective
Date payable in installments at the same time as other management employees of the District.
The salary for Employee shall be in addition to benefits available to all employees and other
specified benefits described herein. Employee shall also receive the amount of Twenty-Five
Thousand Dollars ($25,000.00) per year to be placed in a deferred compensation plan established
by Hospital or by Employee ifEmployee so elects.
8.
Benefits
a.
Except as provided for otherwise in this Agreement, Employee shall be
entitled to receive all benefits provided to other District management employees subject to the
tenns of said benefits including but not limited to any prescribed waiting periods. (However,
notwithstanding anything to the contrary contained in the District employment policies,
Employee shaH accrue vacation at a rate of six weeks per year).
9.
Performance Evaluation
The District shall review Employees performance each anniversary date for
purposes of providing feedback on perfonnance, establishing goals for the upcoming year, and
Exhibit 1
25
Exhibit 1
26
rights and duties of any person in relation thereof, the prevailing party shall be entitled to
reasonable attorneys' fees.
14.
Indemnity
District shall indemnify, defend and hold Employee harmless from and against any and
all expense (including but not limited to reasonable attorney fees and court costs), loss, liability,
and claims of any kind whatsoever·directly or indirectly arising from or alleged·to arise from or
in any way connected with the ownership or operation of the Hospital or the performance by the
Board, District and Employee of their respective obligations under this Agreement, unless such
claim is caused solely by the willful and wanton misconduct of Employee. The District maintains
Public Officials and Employees Errors, General Liability and other coverage through Beta
Health Care with coverage limits of Five Million Dollars ($5,000,000.00). Employee in his
capacity as a..'1 employee of the District is covered by said policy and the District agrees not to
allow the tennination or change of such policy without frrst providing Employee at least forty
five (45) days advanced written notice of such change or termination and thereafter providing
reasonable substitute coverage applicable to Employee. The policy is maintained on an
"occurrences" basis rather than on a "claims made" basis where tail coverage would otherwise be
required.
15.
Survivability
All terms of this agreement will survive any sale, transfer, or conveyance of the
assets, or facility, or in the event of any merger, acquisition or management change or transfer.
16.
General Provisions
a.
This Agreement supersedes any and aU other agreements, either oral or
written, or implied by the prior course of conduct between the parties hereto with respect to the
Exhibit 1
27
employment of Employee by the District and contains all of the covenants and agreements
between the parties with respect to the employment of Employee by the District. All previous
agreements between the District and the Employee are null and void and of no effect.
b.
Each party agrees and acknowledges that no representations, inducements,
promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein and that any agreement, statement, or
promise not contained in this Agreement shall not be valid or binding on either party.
c.
Any amendment, change or modification of this Agreement will be
effective only if made in writing and signed by both Employee and the President of the District
Board.
d.
If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
e.
This Agreement shall be governed by and construed in accordan'ce with
the law of the State of California, without regard to its choice of law roles.
f.
This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the party receiving a benefit nor against the party
responsible for any particular language in this Agreement.
g.
Employee acknowledges that he has had an opportunity to consult legal
counsel in regard to this Agreement, that he has read and understands this Agreement, that he is
fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on
Exhibit 1
28
his own judgment and not on any representations or promises other than those contained in this
Agreement.
h.
The following roles shall apply in interpreting the meaning of this
Agreement: (a) "includes" and "including" are not limiting, (b) "or" is not exclusive, (c) each
reference to any gender shall include reference to all other genders, as appropriate, and (d) "all"
includes "any" and "any" includes "all. The recitals· at the be· tling of
hereby incorporated into this Agreement by reference.
.. Agreement are
(J
"
Employee
Dated: --'---+-::..-L+--J.~-
_
PALO VERDE HEALTH CARE DISTRICT
Dated:
--
/
Palo Verde He;'~iIre District
Dated:
~/rlII
APPROVED AS TO FORM:
Robert'L. Pattersoti:District Legal Counsel
Dated:
6 3!1I!2--0 IJ
Exhibit 1
29
--f'---f---------
D ORIGINAL
FIRST AMENDMENT TO HOSPITAL CHIEF EXECUTIVE OFFICER AGREEMENT
THIS FIRST AMENDMENT TO HOSPITAL CHIEF EXECUTIVE OFFICER
AGREEMENT ("Amendlnent") is entered into effective as the
~~ day of June, 2011
between
the PALO VERDE HEALTH CARE DISTRICT, a governmental entity, by and through its
Board of Directors (hereinafter referred to as the "District") and PETER KLUNE (hereinafter
referred to as "Employee").
RECITALS
A.
Employee and District are parties to the Hospital Chief Executive Officer
Agreement (the "Agreelnent") entered into effective as of February 28, 2011.
B.
Employee and District wish to amend the Agreement to reflect the Employee's
allocation of Salary between regular installments and deferred compensation with no change to
the total amount of Salary under the Agreement.
NOW, THEREFORE, the above named parties hereby mutually promise and agree to
amend the Agreement as follows:
1. Section 7 is amended to read as follows:
"7.
Salary
a.
The Salary of Employee, for his services as CEO shall be Four hundred and
thirteen thousand, seven hundred and fifty dollars ($413,750.00) for each 365 day period
following the Effective Date payable in installments at the same time as other management
employees of the District. The salary for Employee shall be in addition to benefits available to all
employees and other specified benefits described herein.
Employee shall also receive the
amount of Thirty six thousand two hundred and fifty dollars ($36,250) per year to be placed in a
deferred compensation plan established by Employee."
1
EXHIBIT 2
30
All other provisions of the Agreement shall remain in full force and effect. In the event of a
conflict between this Amendment al1d the Agreement this Amendme
Employee
Dated:
ItJlaq(a611
(
I
PALO VERDE HEALTH CARE DISTRICT
Dated: -~~'--"'-f~~-----EATRICE PINON, VICE PRESIDENT
Palo Verde Health Care District
Dated:
fe(I;;q
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APPROVED AS TO FORM:
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Robert L. Patterson, DIstrict Legal Counsel
Dated:
3I01jl~Ol}
2
EXHIBIT 2
31
lJ
ORIGINAL
SECOND AMENDMENT TO HOSPITAL CHIEF EXECUTIVE OFFICER AGREEMENT
THIS SECOND AMENDMENT TO HOSPITAL CHIEF EXECUTIVE OFFICER
AGREEMENT ("Amendment") is entered into effective as the 51i\1ay of December, 2012
between the PALO VERDE HEALTH CARE DISTRICT, a governmental entity, by and through
its Board of Directors (hereinafter referred to as the "District") and PETER KLUNE (hereinafter
referred to as "Employee").
RECITALS
A.
Employee and District are parties to the Hospital Chief Executive Officer
Agreement (the "Agreement") entered into effective February 28, 2011 and
amended effective June 29, 2011.
B.
Employee and District wish to amend the Agreement as to several particulars
identified below to assure that the hospital operated by the District (the
"Hospital") continues its efforts to operate in accordance with state and federal
law, including, but not limited to, the federal and state anti-kickback laws, the
Political Reform Act (Government Code Section 87100 et seq.), and Government
Code Section 1090, cooperates with the federal and state government payment
programs in any audits and investigations relating to compliance matters and
reports, and assists in any corrective actions merited in the Hospital's operations
for compliance with state and federal laws.
NOW, THEREFORE, the above named parties hereby mutually promise and agree to
amend the Agreement as follows:
1.
Section 2.b is amended to read as follows:
"2. Responsibilities
b. Interviewing, hiring, retaining, engaging, reviewing, setting and paying
compensation on behalf of the District, and terminating all employees, department heads,
officers, contractors, and professionals, including, but not limited to, legal counsel and
health care and other consultants to assist in the Hospital's ongoing compliance efforts
with respect to the federal and state laws, including, but not linlited to, those related to
government payment programs and conflicts of interest."
2.
Section 4 is amended to read as follows:
"4. Termination by District for Cause
a. Employee may be terminated for cause at any time during this Agreement, but
cause shall be based solely on Serious Misconduct. "Serious Misconduct" is
defined as follows:
80595.00000\7681149.5
Exhibit 3
32
i. A willful breach of this Agreement or the Hospital's sexual harassment
policy.
11.
Habitual neglect of duties required to be performed under this Agreement.
iii. Entry of a plea of guilty or nolo contendere to a felony or a crime
involving moral turpitude.
iv. Conviction of a crime, whether misdemeanor or felony, and which would
bring disrespect to the office of the Chief Executive Officer or the District.
v. Refusal or failure to act in accordance with a specific directive or order of
the District Board of Directors, not in violation of District rules or policies,
applicable state or federal law or this Agreement.
vi. Maintaining a conflict of interest under California conflict of interest laws
after being directed to resolve said conflict by the District Board of Directors.
vii. Use of any drugs that adversely affect job performance.
b.
The District shall deliver Employee a written statement which clearly and
specifically explains the grounds for a termination for Serious Misconduct before his
employment is terminated and the Employee shall have a period of thirty (30) days after actual
receipt ofthe statement within which to substantially remedy and cure such Serious Misconduct.
If the grounds for termination has not been cured and ifDistrict still wishes to terminate
Employee, the process provided in Section 12 shall be followed."
4.
Section 5(a). is amended to read as follows:
"5. Termination
(a)
Notwithstanding Section 3(a), Employee may terminate his employment at
will provided that he gives the President of the Board of Directors for the District
written notice of same no less than 6 months prior to the effective date of the
termination.
5.
Section 6 is amended to read as follows:
"6.
Employee's Time
Employee shall devote his full productive time, ability, and attention to his duties
as Chief Executive Officer. However, not withstand anything to the contrary in this Agreement,
the parties to this Agreement agree that Employee may, on occasion, provide consultation,
advice, or services to a third party, but that such activity shall not distract from his
responsibilities at the Hospital and his compensation derived from such activity are separate and
apart from his compensation under this Agreement. Employee agrees that he may on occasion
be required to be on call evenings, weekends, or holidays without additional compensation, but
the parties agree that Employee controls his schedule and appointments, including those with
80595.00000\7681149.5
Exhibit 3
33
individual Board members or directors and members of the community, except as to officially
called and noticed meetings of the Board of which Employee or his designee is expected to
attend a majority. Any act by a Director of the District Board of Directors outside of a duly
noticed meeting of the Board that materially interferes with or assumes Employee's
responsibilities for the day to day operations of the Hospital may be considered a breach of this
Agreement and Employee may, at his option, treat such breach as a termination of this
Agreement by District without cause provided that any such conduct by the Board members
continues after Employee has given ten days written notice identifying the specific nature of such
breach to the Board Member, the Director of Human Resources and the Chair of the Board (if the
Board Member in question is not the Chair). Such 'notice shall also be delivered to the Board
members at the next scheduled regular or special meeting of the Board of Directors. In the event
that Employee is requested by the Board or cancel pre approved and paid vacation travel plans,
and Employee agrees to such request, District shall compensate Employee for any non
refundable fees or expenses. Employee expects to and is permitted to telecommute from remote
location on occasion in fulfillment of his duties under this Agreement."
5.
Section 8 is amended to add the following:
"Employee may appoint the Chief Financial Officer of the Hospital as his
designee during his absence from the Hospital when on vacation or otherwise not immediately
available to perform his responsibilities and the Chief Financial Officer shall have the same
powers and duties as Employee during the period that he is so designated."
6.
Section 11 is amended to read as follows:
"11. Employee Reimbursement of Costs
Employee shall be reimbursed for those reasonable and necessary costs incurred in the
course of his job responsibilities, including business travel, business meals, postage, telephone
and other miscellaneous costs subject to the review and approval of the Board as indicated by the
approval signature of the District Board Chair on the submitted expense report. In addition,
upon presentation of appropriate documentation, District will reimburse Employee for
reasonable attorneys' fees for advice, counsel and representation that he reasonably requires to
assure material compliance with law and protection of his legal rights in connection with his
performance of his duties hereunder or that he engages in order to comply with a request of the
Board made during the term of the Agreement. In addition, District shall reimburse Employee
for all expenses associated with any litigation, cases, claims, proceedings, investigations, audits,
reviews, depositions, discovery, and other matters indemnified under Section 14, including, but
not limited to reasonable attorney fees of legal counsel selected by Employee to represent him,
including any expert or consulting assistance deemed necessary by such legal counsel to
adequately represent Employee, and any court costs associated with such representation within
thirty (30) days of Employee's presentation of the invoice for such fees of legal counsel and
associated experts and/or consultants, and documentation of such court costs. The provisions of
this Section shall survive termination of employment and termination of this Agreement,
regardless of the circumstances under which the Agreement may be terminated."
Section 12 is amended to read as follows:
80595.00000\7681149.5
Exhibit 3
34
(
"12. Mediation and Arbitration
Any disagreement between Employee and the District regarding Employee's
employment pursuant to this Agreement, including, but not limited to, termination with cause,
shall at Employee's option, include mediation before a mediator selected in accordance with the
rules of the American Arbitration Association where the parties shall have the right to submit
evidence, witnesses and testimony. District shall be responsible for the costs of any mediation.
The decision of the mediator shall not be binding and the parties may enforce any and all legal
rights and remedies that they may have as provided by law thereafter. Employee and District
agree that any and all disputes, controversies or claims arising out of and relating to Employee's
employment, the termination of Employee's employment, this Agreement or breach of this
Agreement that Employee and the District cannot resolve themselves, including without
limitation, disputes, controversies or claims pertaining to the general application, validity,
construction, interpretation or enforceability of this Agreement and including any dispute
relating to Employee's employment or the termination of that employment, shall be settled
exclusively by final and binding arbitration in accordance with the rules of the American
Arbitration Association. District shall be responsible for the costs of any arbitration. The
provisions of this Section, including but not limited to the agreement to arbitrate employment
disputes as described herein, survive tennination of employment and termination of this
Agreement, regardless of the circumstances under which the Agreement may be terminated."
7.
Section 14 is amended to read as follows:
"14.
Indemnity
To the extent permitted by law, District shall indemnify, defend and hold
Employee harmless from and against any and all expense (including, but not limited to,
reasonable attorneys' fees of legal counsel selected by Employee to represent him, including any
expert or consulting assistance deemed necessary by such legal counsel to adequately represent
Employee, and court costs within thirty (30) days of Employee's presentation of the invoice for
such legal counsel fees and associated experts or consultants, and documentation of such court
costs), loss, liability, damages, and/or claims of any kind whatsoever directly or indirectly to
which Employee may become subject which arise from or are alleged to have arisen from or in
any way connected with the course and scope of Employee's employment by the District, the
ownership or operation of the Hospital, the compliance of the Hospital's ownership or operation
with state and/or federal law, or the performance by the Board, District, and/or Employee of their
respective obligations under this Agreement, unless such claim is caused solely by the willful
and wanton misconduct of Employee, respecting any of the following, whether initiated, pursued
or brought by state, federal or county representatives or private parties as to any suits,
proceedings, investigations, audits, reviews, interviews, depositions, or other discovery.
Employee must notify the District's legal counsel in writing immediately upon receipt of, but in
no event later than 3 business days after receipt of, any claim, service of a lawsuit, or notice of
any other legal or regulatory proceeding, investigation, audit, or other action against or involving
Employee arising out of the course and scope of his employment, the ownership or operation of
the Hospital, or performance by the Board, District and/or Employee of their respective
obligations under this Agreement for which Employee seeks indemnification. The District
maintains Public Officials and Employees Errors, General Liability and other coverage through
80595.00000\7681149.5
Exhibit 3
35
(
Beta Health Care with coverage limits of Five Million Dollars ($5,000,000). Employee in his
capacity as an employee of the District is covered by said policy and the District agrees not to
allow the termination or change of such policy without first providing Employee at least forty
five (45) days advance written notice of such change or termination and thereafter providing
reasonable substitute coverage applicable to Employee. The policy is maintained on an
"occurrences" basis rather than on a "claims made" basis where tail coverage would otherwise be
required. The provisions of this Section survive termination of employment and termination of
this Agreement, regardless of the circumstances under which the Agreement may be ternlinated."
All other provisions of the Agreement shall remain in full force and effect. In the event of a
conflict between this Amendment and the Agreement, as previously amended, this SECOND
AMENDMENT shall control.
EMPLOYEE
Dated:
PALO VERDE HEALTHCARE DISTRICT
, PRESIDENT
Dated:
Attest:
1~/qf).O{a
'""
~~
APPROVED AS TO FORM:
80595.00000\7681149.5
Exhibit 3
36
Name & Address: Ray J. Artiano, Esq. (CSB 88916)
Ljubisa Kostic, Esq. (CSB 226668)
STUTZ ARTIANO SHINOFF & HOLTZ
2488 Historic Decatur Road, Suite 200
San Diego, CA 92106
619-232-3122; Fax 619-232-3264
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
PETER KLUNE,
CASE NUMBER
18
v.
PALO VERDE HEALTH CARE DISTRlCT, a public
entitY; TRINA SARTIN, an individual; SANDRA
HUDSON, an individual; SAMUEL BURTON, an
individual; and Does I-50,
inclusive
TO:
SUMMONS
DEFENDANT(S).
DEFENDANT(S):
A lawsuit has been filed against you.
\Vithin
days after service of this summons on you (not counting the day you received it), you
amended complaint
must serve on the plaintiff an answer to the attached Mcomplaint 0
o
0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
\vhose address is
or motion must be served on the Dlaintiff's
2488 Historic Decatur
Suite
San
If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also IUllst file
your answer or motion with the court.
TERRY NAFiSI
Clerk, U.S. District Court
Dated:
\l\l\. \ 0 2ld
_
By:
-'l
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee ofthe
60 days by Rule 12(0)(3)].
CV-0 IA ( lOll
SUMMONS
Allowed
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself
0 )
DEFENDANTS
PETERKLUNE
( Check box if you are representing yourself
D)
PALO VERDE HEALTH CARE DISTRIG, a public entity; TRINA SARTIN, an individual;
SANDRA HUDSON, an individual; SAMUEL BURTON, an individual; and DOES 1-50,
inclusive
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
Ray 1. Artiano, Esq.
STUTZ ARTIANO SHINOFF & HOLTZ
2488 Historic Decatur Road, Suite 200, San Diego, CA 92106
619-232-3122; Fax 619-232-3264
m. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
II. BASIS OF JURISDICTION (Place an X in one box only.)
1. Original
Proceeding
o
1
Citizen of Another State
0
2
Citizen or Subject of a
Foreign Country
03
Government Not a Party)
2. U.s. Government
Defendant
IEl
Citizen of This State
PTf.
[gJ 3. Federal Question (U.s.
1. U.s. Government
Plaintiff
IV. ORIGIN (Place an
(Place an Xin one box for plaintiff and one for defendant)
4. Diversity (Indicate Citizenship
of Parties in Item UI)
3. Remanded from
Appellate Court
O
4. Reinstated or
Reopened
No
V. REQUESTED IN COMPLAINT: JURY DEMAND:
0
DEF
incorporated or Principal Place
of Business in this State
t
0
2
Incorporated and Principal Place
of Business in Another State
o
3
Foreign Nation
5. Transferred from Another
District (Specify)
X in one box only.)
2. Removed from
State Court
DEF
4
0
4
0
5
0
5
o
6
0
6
6. Mult,District
Litigation
(Check "Yes" only if demanded in complaint.)
MONEY DEMANDED !N COMPLAINT: $
No
Do not cite jurisdictional statutes unless diversity.)
31
U.s.c. section 3730(h)(1)
0
Reapportionment
0
410 Antitrust
0
430 Banks and Banking
450 Commerce/iCC
Rates/Etc.
0
460 Deportation
0
470 Racketeer tnfluenced & Corrupt Org.
0
0
480 Consumer Credit
490 Cable/Sat TV
0
850 Securities/Commodities/Exchange
0
0
0
890 Other Statutory
Actions
D
Act
0
896 Arbitration
o
Admin. Procedures
Act/Review of Appeal of
Agency Decision
plaintiff was discharged for attempting to prevent violations of the False Claims Act.
120 Marine
o
130 Miller Act
0
140 Negotiable
Instrument
0
150 Recovery of
Overpayment &
Enforcement of
Judgment
0
151 Medicare Act
0
152 Recovery of
Defaulted Student
Loan (Excl. Vet.)
o
153 Recovery of
Overpayment of
Vet. Benefits
891 Agricultural Acts
0
160 Stockholders'
Suits
893 Environmental
Matters
0
of Info.
o 950
Constitutionality
State Statutes
0
Other
195 Contract
Product Liability
196 Franchise
REAL PROPERTY
210 Land
Condemnation
220 Foreclosure
Liability
0
0
0
0
0
O
290 All Other Real
Pro
TORTS
PERSONAL INJURY
310 Airplane
315 Airplane
Product Liability
320 Assault, Libel &
Slander
330 Fed. Employers'
Liability
340 Marine
345 Marine Product
Uabiiity
0
D
0
350 Motor Vehicle
355 Motor Vehicle
Product Liability
535 Death Penalty
Other:
540 Mandamus/Other
0
0
371 Truth in Lending
0
380 Other Personal
Property Damage
0
385 Property Damage
Product Liability
0
0
0
360 Other Personal
injury
362 Personal InjuryMed Malpratice
555 Prison Condition
BANKRUPTCY
422 Appeal 28
USC 158
Withdrawal 28
157
CIVIL RIGHTS
440 Other Civil Rights
0
443 Housing/
Accomodations
Product
0
American with
DisabilitiesEmployment
446 American with
Disabilities-0ther
230 Rent Lease &
Ejectment
..
CIVIL COVER SHEET
560 Civil Detainee
Conditions of
Confinement
FORFEITURE/PENALTY
0
625 Drug Related
Seizure of Property 21
USC 881
0
690 Other
o 862 Black Lung (923)
o
863 DIWClDIWW (405 (g))
o
865 RSI (405 (g))
0
FEDERAL TAX SUITS
870 Taxes (U.s. Plaintiff or
Defendant)
o 864 SSID Title XVI
0
871 IRS-Third Party 26 USC
7609
LABOR
710 Fair Labor Standards
Act
442 Employment
FOR OFFICE USE ONLY: Case Number:
(V-71 (02/13)
550 Civil Rights
441 Voting
365
Health
510 MotiOns to Vacate
Sentence
530 General
0
0
labor/Mgmt.
0
740 Railway Labor Act
0
751 Family and Medical
Leave Act
790 Other Labor
Litigation
Ret. Inc.
791
0
0
01 249 Mf?P