Preview
iLED / E N D O R S E E
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
2 William M. Pao (SBN 219846) MAR 2 7 2023
william@setarehlaw.com
3 Nolan Dilts (SBN 328904)
nolan@setarehlaw.com By T. Shaddix, Deputy Clerk
4 SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
5 Beverly Hills, Califomia 90212
Telephone (310) 888-7771
6 Facsimile (310) 888-0109
7 BLUMENTHAL N O R D R E H A U G BHOWMIK
DE BLOUW LLP
8 Norman B. Blumenthal (State Bar #068687)
Kyle R. Nordrehaug (State Bar #205975)
9 Aparajit Bhowmik (State Bar #248066)
2255 Calle Clara
10 La Jolla, CA 92037
Telephone: (858) 551-1223
11 Facsimile: (858) 551-1232
Email: Kyle@bamlawca.com
12
Attomeys for Plaintiffs
13 ANDREA SPEARS and TOMAS ARANA
14
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560-
17 of herself and on behalf of all persons CU-OE-GDS
similarly situated.
18 Assigned For All Purposes to the Honorable
Plaintiff, Jill H. Talley, Departinent 27
19 v.
JOINT STIPULATION TO CONTINUE
20 HEALTH NET OF CALIFORNIA, INC., a STATUS CONFERENCE; [PROPOaED]
Califomia Corporation; and Does 1 through ORDER
21 50, inclusive,
Date: April 7, 2023
22 Defendants. Time: 9:00 a.m.
Place: Dept. 27
23 TOMAS R. ARANA, on behalf of himself, all
others similarly situated.
2^
Plaintiff, Original Complaint Filed: April 5,2017
25 FAC Filed: June 29,2017
v.
Consolidated Complaint Filed: Dec. 21,2017
HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1 -50,
inclusive.
Defendants.
JOINT STIPULATION TO CONTINUE STATUS CONFERENCE;4EaOP03EI>j ORDER
I Plaintiffs ANDREA SPEARS and TOMAS ARANA ("Plaintiffs") and Defendant HEALTH
, 2 NET OF CALIFORNIA, INC. ("Defendant"), by and through their respective counsel of record, hereby
3 submit the following Joint Stipulation to Continue Status Conference.
4 WHEREAS, on August 4,2022, the Court set a Statiis Conference - Civil Special Sets for April
5 7,2023 at 9:00 a.m.
6 WHEREAS, on August 10,2022, the Court granted Final Approval of the Class Action
7 Settlement and issued afinalJudgment;
8 WHEREAS, on November 4,2022, the Court set afiirtherCase Management Conference for
9 March 23, 2023, requesting an update on the status of settlement disbursements in advance of that date;
10 WHEREAS, the Parties were informed by the Court that the Case Management Conference
11 would be vacated and that the April 7,2023 Status Conference would serve as a compliance hearing
12 date;
l'3 WHEREAS, the Parties have obtained a declarationfromthe settlement administrator regarding
14 the cunent status of settlement disbursements, attached hereto as Exhibit A;
15 WTIEREAS, the cunent deadline for class members to cash their checks is May 1,2023 in
16 accordance with the terms of the settlement agreement;
17 WHEREAS, upon the expiration of these checks, the settlement administrator will submit the
18 uncashedfimdsto the Califomia State Confroller's Office - Unclaimed Property Fimd in accordance
19 with the terms of the settlement agreement; and
20 WTIEREAS, in light of the foregoing, the Parties respectfully request that the Status Conference
21 be Continued by approximately 60 days to early June of2023, which will allowtimefor the check
22 cashing period to expire and the settlement administrator to submit the uncashed funds to the State
23 Controller's Office so that the Parties can provide one final update on compliance with the settlement
24 agreement.
25 THEREFORE, the parties hereby stipulate and agree that the Status Conference set for April 7,
26 2023 should be continued by approximately 60 days to a date in early June of2023.,
27 IT IS SO STIPULATED.
28
1
JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PftQBGSED] ORDER
1
2 DATED: March 16,2023 SETAREH LAW GROUP
3
/s/ Shaun Setareh
4 SHAUN SETAREH
WILLIAM M. PAO
5 NOLAN DILTS
Attomeys for Plaintiffs
6 ANDREA SPEARS and TOMAS ARANA
7
DATED: March 16,2023 BLUMENTHAL NORDREHAUG BHOWMIK
8 DE BLOUW LLP
9
/s/ Piva Mukheriee
10
NORMAN B. BLUMENTHAL
ll KYLE R. NORDREHAUG
APARAHT BHOWMIK
12 Pn^AMUKHERJEE
Attomeys for Plaintiffs
13 ANDREA SPEARS and TOMAS ARANA
14
15 DATED: March 16,2023 LITTLER MENDELSON P.C.
16
/s/ Nate Jenkins
17 KEITH A. JACOBY
NATE JENKINS
18 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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2
JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PROP^BiDRDER
1 [^ItePtHSEDl ORDER
2 Upon review of the Parties' Joint Stipulation to Continue Status Conference, and for good
3 cause shown, the court hereby continues the Status Conference to C» (1 \'V^ ,
4 2023, at in Department 27. The settlement adminisfrator is to file a declaration at least
5 15 days prior to the hearing regarding the status of the disbursements of settlement fiinds.
6
7 IT IS SO ORDERED.
8
9 DATED:
Talley
10 Superior Court
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JOINT STIPULATION TO CONTINUE STATUS CONFERENCE: ]ORDER
t
1 BLUMENTHAL NORDREHAUG BHOWMIK
DE BLOUW LLP
2 Kyle R. Nordrehaug (State Bar #205975)
2255 Calle Clara
3 La Jolla, CA 92037
Telephone: (858)551-1223
4 Facsimile: (858)551-1232
Email: Kyle@bamlawca.com
5 Website: www.bamlawca.com
6 SETAREH LAW GROUP
Shaun Setareh (SBN 204514)
7 shaun@setarehlaw.com
9665 Wilshire Blvd., Suite 430
8 Beverly Hills, California 90212
Telephone: (310) 888-7771
9 Fax:(310) 888-0109
10 Attomeys for Plaintiffs
11
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SACRAMENTO
14
15
16 ANDREA SPEARS, an individual, on behalf
of herself and on behalf of all persons
Case No. 34-2017-00210560-CU-OE-GDS
17 similarly situated. Assigned for All Purposes to:
Honorable Jill H. Talley
18 Plaintiff,
Department 27
v.
19 DECLARATION OF MADELY NAVA
HEALTH NET OF CALIFORNIA, INC., a
Califomia Corporation; and Does 1 through OF ILYM GROUP, INC., REGARDING
20 DISBURSEMENT OF SETTLEMENT
50, inclusive.
FUNDS
21
Defendants
22 Date: April 7,2023
23 TOMAS R. ARANA, on behalf of himself, all Time: 9:00 a.m.
others similarly situated. Place: Dept. 27
24 Plaintiff,
25
HEALTH NET OF CALIFORNL\, INC., a
26 Califomia corporation; and DOES 1-50,
Inclusive,
27 Defendant.
28
-1 -
DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE
SETTLEMENT FUNDS
1 I, Madely Nava, declare as follows:
2 1. I am a resident of the United States of America and am over the age of 18.1 am a
3 Case Manager for ILYM Group, Inc. (hereinafter refened to as "ILYM Group"), the professional
4 settlement services provider who has been retained by the Parties and subsequently appointed by
5 the Court to serve as the settlement adminisfrator for the above-captioned Spears, , et al. v. Health
6 Net of California, Inc. matter. I am authorized to make this declaration on behalf of ILYM Group.
7 The following statements are based on my own personal knowledge and information provided by
8 other ILYM Group employees working under my supervision and, if called upon to testify, I could
9 and would testify competently to such facts.
10 2. ILYM Group was engaged by the Parties' Counsel and subsequently approved and
11 appointed by the Court to provide notification services and settlement adminisfration, pursuant to
12 the terms of the Settlement, in the above-referenced Action. In this capacity, ILYM Group was
13 charged with: (a) printing and mailing the Notice Packet; (b) performing address updates and
14 verifications as necessary; (c) receiving and processing requests for exclusion from and objections
15 to the Settlement; (d) calculating the individual settlement award payments; (e) processing and
16 mailing settlement award checks; (f) handling tax withholdings as required by the Settlement and
17 the law; (g) preparing, issuing and filing tax retums and other applicable tax forms; (h) handling
18 the distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) other tasks
19 as the Parties mutually agreed to and/or the Court ordered ILYM Group to perform.
20 3. The total amount due under the Settlement was $5,194,753.38, which included the
21 Gross Settlement Fund of $5,000,000.00, plus the employer's share of the applicable payroll taxes
22 in the amount of $194,753.38. The breakdown is as follows:
23 a. $3,010,834.00 for gross payment of the individual settlement awards to the 5,560.
24 Participating Settlement Class Members.
25 b. $1,666,666.00 for pajmient of Class Counsel's attomey fees.
26 c. $ 140,000.00 for payment of Class Counsel's attomey costs.
27 d. $ 10,000.00 for an Enhancement Award to Tomas Arana.
28 e. $ 10,000.00 for an Enhancement Award to Andrea Spears.
DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE
SETTLEMENT FUNDS
1 f. $50,000.00 for payment of adminisfration fees to ILYM Group.
2 g. $ 112,500.00 for the payment to the LWDA.
3 h. $194,753.38 for the payment of the employer's portion of applicable payroll taxes
4 on the "wages" portion of the individual settlement awards.
5 4. On November 2, 2022, the payment of Class Counsels' attomey fees, in the amount
6 of $1,666,666.00, was completed.
7 5. On November 2, 2022, the payment of Class Coimsels' attomey costs, in the amount
8 of S140,000.00, was completed.,
9 6. On November 2,2022, payment of the settlement administration fees to ILYM Group,
10 in the amount of $50,000.00, was completed.
11 7. On November 2, 2022, ILYM Group issued and mailed the PAGA payment to the
12 LWDA, in the amount of $ 112,500.00.
13 8. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to
14 Tomas Arana, in the amount of $10,000.00.
15 9. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to
16 Andrea Spears, in the amount of $10,000.00.
17 10. On November 2, 2022, ILYM Group issued and mailed the settlement award checks
18 to the 5,560 Participating Settlement Class Members. The total net amount sent to the Participating
19 Settlement Class Members was $2,640,653.92, as $370,180.08 was withheld for all applicable
20 employee payroll taxes.
21 11. On November 2, 2022, payment to the Intemal Revenue Service, for all applicable
22 Federal payroll taxes, in the amount of $429,151.21, was completed.
23 12. On November 2,2022, payment to the Employment Development Department, for all
24 applicable State payroll taxes in the amount of $135,782.25, was completed.
25 13. On March 2,2023, a reminder postcard was mailed to all Participating Class Members
26 who have not cash their settlement check informing him or her that unless the check is cashed in
27 the next 60 days, it will expire and become non-negotiable.
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DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE
SETTLEMENT FUNDS
1 14. The deadline for the Participating Settlement Class Members to cash their settlement
2 award check is May 1,2023; 180 days after its issuance. In accordance with the terms of the Parties'
3 Settlement Agreement, the necessary paperwork to report the unclaimed funds will be submitted to
4 the Califomia State Controller's Office - Unclaimed Property Fund after the check cashing period.
5 I declare under penalty of perjury under the laws of the State of Califomia and the
6 United States that the foregoing is tme and correct to the best of my knowledge and that this
7 Declaration was executed this 13* day of March 2023, at Tustin, Califomia.
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11 MADELY NAVA
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DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE
SETTLEMENT FUNDS
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of Califomia. I am over the age of 18
and not a party to the within action. My business address is 9665 Wilshire Blvd, Suite 430, Beverly
4i Hills, CA 90212.
5
On March 20,2023,1 served the following document described as
6
JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PROPOSEDI ORDER
7
on all interested parties in this action:
8
9 Keith A. Jacoby Norman Blumenthal
kiacobv@littler.com norm@bamlawca.com
10 Nathaniel H. Jenkins Victoria B. Rivapalacio
nienkins(a)littler.com victoria@bamlawca.com
11 Barbara Blackbtim AJ Bhowmik
bblackbum@littler.com AJ@bamlawca.com
12 Sophia Masada deblouw@bamlawca.com
13 smasadafa^littler.com victoria@bainlawca.com
U 53^ LITTLER MENDELSON, P.C. charlotte@bamlawca.com
14 2049 Cenhiry Park East, 5* Floor BLUMENTHAL, NORDREHAUG, &
Los Angeles, CA 90067 BHOWMIK
es^^ 15 Attorneys for Defendant HEALTH NET, 2255 Calle Clara
INC. La Jolla, CA 92037
H is 16 Attomeys for Plaintiff ANDREA SPEARS
17
[X] (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or
18 an agreement of the parties to accept service by electronic transmission, I electronically served the
document(s) to the persons at the electronic service addresses listed above.
19
[X] (STATE) I declare imder penalty of perjury under the laws of the State of California
20 that the above is tme and correct.
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Executed on March 20,2023, at Beverly Hills, Califomia.
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Eric Sams
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PROOF OF SERVICE
Preview
iLED / E N D O R S E E 1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com 2 William M. Pao (SBN 219846) MAR 2 7 2023 william@setarehlaw.com 3 Nolan Dilts (SBN 328904) nolan@setarehlaw.com By T. Shaddix, Deputy Clerk 4 SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 5 Beverly Hills, Califomia 90212 Telephone (310) 888-7771 6 Facsimile (310) 888-0109 7 BLUMENTHAL N O R D R E H A U G BHOWMIK DE BLOUW LLP 8 Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) 9 Aparajit Bhowmik (State Bar #248066) 2255 Calle Clara 10 La Jolla, CA 92037 Telephone: (858) 551-1223 11 Facsimile: (858) 551-1232 Email: Kyle@bamlawca.com 12 Attomeys for Plaintiffs 13 ANDREA SPEARS and TOMAS ARANA 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 FOR THE COUNTY OF SACRAMENTO 16 ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560- 17 of herself and on behalf of all persons CU-OE-GDS similarly situated. 18 Assigned For All Purposes to the Honorable Plaintiff, Jill H. Talley, Departinent 27 19 v. JOINT STIPULATION TO CONTINUE 20 HEALTH NET OF CALIFORNIA, INC., a STATUS CONFERENCE; [PROPOaED] Califomia Corporation; and Does 1 through ORDER 21 50, inclusive, Date: April 7, 2023 22 Defendants. Time: 9:00 a.m. Place: Dept. 27 23 TOMAS R. ARANA, on behalf of himself, all others similarly situated. 2^ Plaintiff, Original Complaint Filed: April 5,2017 25 FAC Filed: June 29,2017 v. Consolidated Complaint Filed: Dec. 21,2017 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1 -50, inclusive. Defendants. JOINT STIPULATION TO CONTINUE STATUS CONFERENCE;4EaOP03EI>j ORDER I Plaintiffs ANDREA SPEARS and TOMAS ARANA ("Plaintiffs") and Defendant HEALTH , 2 NET OF CALIFORNIA, INC. ("Defendant"), by and through their respective counsel of record, hereby 3 submit the following Joint Stipulation to Continue Status Conference. 4 WHEREAS, on August 4,2022, the Court set a Statiis Conference - Civil Special Sets for April 5 7,2023 at 9:00 a.m. 6 WHEREAS, on August 10,2022, the Court granted Final Approval of the Class Action 7 Settlement and issued afinalJudgment; 8 WHEREAS, on November 4,2022, the Court set afiirtherCase Management Conference for 9 March 23, 2023, requesting an update on the status of settlement disbursements in advance of that date; 10 WHEREAS, the Parties were informed by the Court that the Case Management Conference 11 would be vacated and that the April 7,2023 Status Conference would serve as a compliance hearing 12 date; l'3 WHEREAS, the Parties have obtained a declarationfromthe settlement administrator regarding 14 the cunent status of settlement disbursements, attached hereto as Exhibit A; 15 WTIEREAS, the cunent deadline for class members to cash their checks is May 1,2023 in 16 accordance with the terms of the settlement agreement; 17 WHEREAS, upon the expiration of these checks, the settlement administrator will submit the 18 uncashedfimdsto the Califomia State Confroller's Office - Unclaimed Property Fimd in accordance 19 with the terms of the settlement agreement; and 20 WTIEREAS, in light of the foregoing, the Parties respectfully request that the Status Conference 21 be Continued by approximately 60 days to early June of2023, which will allowtimefor the check 22 cashing period to expire and the settlement administrator to submit the uncashed funds to the State 23 Controller's Office so that the Parties can provide one final update on compliance with the settlement 24 agreement. 25 THEREFORE, the parties hereby stipulate and agree that the Status Conference set for April 7, 26 2023 should be continued by approximately 60 days to a date in early June of2023., 27 IT IS SO STIPULATED. 28 1 JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PftQBGSED] ORDER 1 2 DATED: March 16,2023 SETAREH LAW GROUP 3 /s/ Shaun Setareh 4 SHAUN SETAREH WILLIAM M. PAO 5 NOLAN DILTS Attomeys for Plaintiffs 6 ANDREA SPEARS and TOMAS ARANA 7 DATED: March 16,2023 BLUMENTHAL NORDREHAUG BHOWMIK 8 DE BLOUW LLP 9 /s/ Piva Mukheriee 10 NORMAN B. BLUMENTHAL ll KYLE R. NORDREHAUG APARAHT BHOWMIK 12 Pn^AMUKHERJEE Attomeys for Plaintiffs 13 ANDREA SPEARS and TOMAS ARANA 14 15 DATED: March 16,2023 LITTLER MENDELSON P.C. 16 /s/ Nate Jenkins 17 KEITH A. JACOBY NATE JENKINS 18 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 19 20 21 • 22 23 24 25 26 27 28 2 JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PROP^BiDRDER 1 [^ItePtHSEDl ORDER 2 Upon review of the Parties' Joint Stipulation to Continue Status Conference, and for good 3 cause shown, the court hereby continues the Status Conference to C» (1 \'V^ , 4 2023, at in Department 27. The settlement adminisfrator is to file a declaration at least 5 15 days prior to the hearing regarding the status of the disbursements of settlement fiinds. 6 7 IT IS SO ORDERED. 8 9 DATED: Talley 10 Superior Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO CONTINUE STATUS CONFERENCE: ]ORDER t 1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 2 Kyle R. Nordrehaug (State Bar #205975) 2255 Calle Clara 3 La Jolla, CA 92037 Telephone: (858)551-1223 4 Facsimile: (858)551-1232 Email: Kyle@bamlawca.com 5 Website: www.bamlawca.com 6 SETAREH LAW GROUP Shaun Setareh (SBN 204514) 7 shaun@setarehlaw.com 9665 Wilshire Blvd., Suite 430 8 Beverly Hills, California 90212 Telephone: (310) 888-7771 9 Fax:(310) 888-0109 10 Attomeys for Plaintiffs 11 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO 14 15 16 ANDREA SPEARS, an individual, on behalf of herself and on behalf of all persons Case No. 34-2017-00210560-CU-OE-GDS 17 similarly situated. Assigned for All Purposes to: Honorable Jill H. Talley 18 Plaintiff, Department 27 v. 19 DECLARATION OF MADELY NAVA HEALTH NET OF CALIFORNIA, INC., a Califomia Corporation; and Does 1 through OF ILYM GROUP, INC., REGARDING 20 DISBURSEMENT OF SETTLEMENT 50, inclusive. FUNDS 21 Defendants 22 Date: April 7,2023 23 TOMAS R. ARANA, on behalf of himself, all Time: 9:00 a.m. others similarly situated. Place: Dept. 27 24 Plaintiff, 25 HEALTH NET OF CALIFORNL\, INC., a 26 Califomia corporation; and DOES 1-50, Inclusive, 27 Defendant. 28 -1 - DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS 1 I, Madely Nava, declare as follows: 2 1. I am a resident of the United States of America and am over the age of 18.1 am a 3 Case Manager for ILYM Group, Inc. (hereinafter refened to as "ILYM Group"), the professional 4 settlement services provider who has been retained by the Parties and subsequently appointed by 5 the Court to serve as the settlement adminisfrator for the above-captioned Spears, , et al. v. Health 6 Net of California, Inc. matter. I am authorized to make this declaration on behalf of ILYM Group. 7 The following statements are based on my own personal knowledge and information provided by 8 other ILYM Group employees working under my supervision and, if called upon to testify, I could 9 and would testify competently to such facts. 10 2. ILYM Group was engaged by the Parties' Counsel and subsequently approved and 11 appointed by the Court to provide notification services and settlement adminisfration, pursuant to 12 the terms of the Settlement, in the above-referenced Action. In this capacity, ILYM Group was 13 charged with: (a) printing and mailing the Notice Packet; (b) performing address updates and 14 verifications as necessary; (c) receiving and processing requests for exclusion from and objections 15 to the Settlement; (d) calculating the individual settlement award payments; (e) processing and 16 mailing settlement award checks; (f) handling tax withholdings as required by the Settlement and 17 the law; (g) preparing, issuing and filing tax retums and other applicable tax forms; (h) handling 18 the distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) other tasks 19 as the Parties mutually agreed to and/or the Court ordered ILYM Group to perform. 20 3. The total amount due under the Settlement was $5,194,753.38, which included the 21 Gross Settlement Fund of $5,000,000.00, plus the employer's share of the applicable payroll taxes 22 in the amount of $194,753.38. The breakdown is as follows: 23 a. $3,010,834.00 for gross payment of the individual settlement awards to the 5,560. 24 Participating Settlement Class Members. 25 b. $1,666,666.00 for pajmient of Class Counsel's attomey fees. 26 c. $ 140,000.00 for payment of Class Counsel's attomey costs. 27 d. $ 10,000.00 for an Enhancement Award to Tomas Arana. 28 e. $ 10,000.00 for an Enhancement Award to Andrea Spears. DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS 1 f. $50,000.00 for payment of adminisfration fees to ILYM Group. 2 g. $ 112,500.00 for the payment to the LWDA. 3 h. $194,753.38 for the payment of the employer's portion of applicable payroll taxes 4 on the "wages" portion of the individual settlement awards. 5 4. On November 2, 2022, the payment of Class Counsels' attomey fees, in the amount 6 of $1,666,666.00, was completed. 7 5. On November 2, 2022, the payment of Class Coimsels' attomey costs, in the amount 8 of S140,000.00, was completed., 9 6. On November 2,2022, payment of the settlement administration fees to ILYM Group, 10 in the amount of $50,000.00, was completed. 11 7. On November 2, 2022, ILYM Group issued and mailed the PAGA payment to the 12 LWDA, in the amount of $ 112,500.00. 13 8. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to 14 Tomas Arana, in the amount of $10,000.00. 15 9. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to 16 Andrea Spears, in the amount of $10,000.00. 17 10. On November 2, 2022, ILYM Group issued and mailed the settlement award checks 18 to the 5,560 Participating Settlement Class Members. The total net amount sent to the Participating 19 Settlement Class Members was $2,640,653.92, as $370,180.08 was withheld for all applicable 20 employee payroll taxes. 21 11. On November 2, 2022, payment to the Intemal Revenue Service, for all applicable 22 Federal payroll taxes, in the amount of $429,151.21, was completed. 23 12. On November 2,2022, payment to the Employment Development Department, for all 24 applicable State payroll taxes in the amount of $135,782.25, was completed. 25 13. On March 2,2023, a reminder postcard was mailed to all Participating Class Members 26 who have not cash their settlement check informing him or her that unless the check is cashed in 27 the next 60 days, it will expire and become non-negotiable. 28 -3- DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS 1 14. The deadline for the Participating Settlement Class Members to cash their settlement 2 award check is May 1,2023; 180 days after its issuance. In accordance with the terms of the Parties' 3 Settlement Agreement, the necessary paperwork to report the unclaimed funds will be submitted to 4 the Califomia State Controller's Office - Unclaimed Property Fund after the check cashing period. 5 I declare under penalty of perjury under the laws of the State of Califomia and the 6 United States that the foregoing is tme and correct to the best of my knowledge and that this 7 Declaration was executed this 13* day of March 2023, at Tustin, Califomia. 8 9 10 11 MADELY NAVA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of Califomia. I am over the age of 18 and not a party to the within action. My business address is 9665 Wilshire Blvd, Suite 430, Beverly 4i Hills, CA 90212. 5 On March 20,2023,1 served the following document described as 6 JOINT STIPULATION TO CONTINUE STATUS CONFERENCE; [PROPOSEDI ORDER 7 on all interested parties in this action: 8 9 Keith A. Jacoby Norman Blumenthal kiacobv@littler.com norm@bamlawca.com 10 Nathaniel H. Jenkins Victoria B. Rivapalacio nienkins(a)littler.com victoria@bamlawca.com 11 Barbara Blackbtim AJ Bhowmik bblackbum@littler.com AJ@bamlawca.com 12 Sophia Masada deblouw@bamlawca.com 13 smasadafa^littler.com victoria@bainlawca.com U 53^ LITTLER MENDELSON, P.C. charlotte@bamlawca.com 14 2049 Cenhiry Park East, 5* Floor BLUMENTHAL, NORDREHAUG, & Los Angeles, CA 90067 BHOWMIK es^^ 15 Attorneys for Defendant HEALTH NET, 2255 Calle Clara INC. La Jolla, CA 92037 H is 16 Attomeys for Plaintiff ANDREA SPEARS 17 [X] (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or 18 an agreement of the parties to accept service by electronic transmission, I electronically served the document(s) to the persons at the electronic service addresses listed above. 19 [X] (STATE) I declare imder penalty of perjury under the laws of the State of California 20 that the above is tme and correct. 21 Executed on March 20,2023, at Beverly Hills, Califomia. 22 23 24 Eric Sams 25 26 27 28 PROOF OF SERVICE