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FILED BY FAX
TIMOTHY J. LONG (STATE BAR NO. 137591)
tj long@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com JUN 2 1 2019
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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*** COUNSEL FOR PLAINTIFFS ON NEXT PAGE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
II of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plaintiff, STIPULATION AND [I'ROl'OliLUl
ORDER TO SET HEARING DATE ON
13 (1) PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION, (2) DEFENDANT'S
14 HEALTH NET OF CALIFORNIA, INC., a MOTION AS TO WHY SPEARS' CASE
Califomia Corporation; and Does I through 50, CANNOT PROCEED AS A PAGA
15 inclusive. REPRESENTATIVE ACTION, AND (3)
DEFENDANT'S MOTION AS TO WHY
16 Defendants ARANA'S CASE CANNOT PROCEED
AS A PAGA REPRESENTIVE ACTION
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Date: August 30, 2019
18 TOMAS R. ARANA, on behalf of himself, all Time: 2:00 p.m.
others similarly situated. Courtroom: Dept. 35
19 Plaintiff, Judge: Hon. Alan G. Perkins
V.
20 HEALTH NET OF CALIFORNIA, INC., a Original Complaint Filed: April 5, 2017
Caiifomia corporation; and DOES 1-50, FAC Filed: June 29,2017
21 inclusive. Consolidated Complaint Filed: Dec. 21,2017
Defendant.
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565
BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
APARAHT BHOWMIK (SBN 248066)
VICTORIA B. RIVAPALACIO (SBN 275115)
2255 Calle Clara
LaJoIla,CA 92037
Tel: 858.551.1223
Fax: 858.551.1232
norm@bamlawca.com
Attomeys for Plaintiff
ANDREA SPEARS
SETAREH LAW GROUP
SHAUN SETAREH (SBN 204514)
shaun@setarehlaw.com
WILLL\M M. PAO
william@setarehlaw.com
10 ALEXANDRA R. MCINTOSH
alex@setarehlaw.com
11 315 S Beveriy Drive, Suite 315
Beverly Hills, CA 90212
12 Telephone: (310) 888-7771
13 Attomeys for Plaintiff
TOMAS R. ARANA
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565
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3 RECITALS & STIPULATION
4 1. On April 5, 2019, Defendant Health Net of Califomia, Inc. ("HNCA") filed and
5 served a Notice of Entry of Order Issued by the Califomia Court of Appeal, Third Appellate
6 District, to Stay all Proceedings Pending in the Sacramento County Superior Court.
7 2. On April 11, 2019, the Court issued a Minute Order stating "Because of the recent
8 stay the Case Management Conference is continued to November 8, 2019 at 1:30 p.m., in
9 Department 35. The hearing date for the pending motions will be discussed at that time. Counsel
10 should notify this department ifthe stay is lifted before November 8, 2019." As such, the hearings
II on the following fully briefed motions were vacated pending the stay: (I) Plaintiffs Spears and
12 Arana's ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears'
13 Case Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
14 Case Cannot Proceed as a PAGA Representative Action ("Pending and Briefed Motions").
15 3. On April 25, 2019, the Califomia Court of Appeal, Third Appellate District issued
16 an order denying Defendant's writ of mandate, prohibition, or certiorari with request for stay. The
17 order stated that the "stay previously issued by this court on April 4, 2019, is vacated."
18 4. On May 17, 2019, the Parties filed a stipulation and order to set a hearing date on
19 the Pending and Briefed Motions.
20 5. On May 17, 2019, the Court entered an order setting hearing on the Pending and
21 Briefed Motions for July 3, 2019 at 1:30 p.m. The Court fiirther ordered "[i]f the Parties mutually
22 agree that a later hearing date would be more convenient, no later than 4:00 p.m. on June 19, 2019
23 they may notify the court clerk of the mutually agreed-upon later date."
24 6. Pursuant to the Court's May 17, 2019 order, the Parties mutually agree to move the
25 hearing on the Pending and Briefed motions to August 30, 2019 at 2:00 p.m.
26 IT IS SO STIPULATED.
27 ///
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I
STIPULATION AND PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565
1 Dated: June i l . 2019 BLUMENTHAL, NORDREHAUG &
BHOWMIK LLP
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By:
4 aCTORIA B. RIVAPALACIO
Attomeys for Plaintiff
5 ANDREA SPEARS
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Dated: June J T ^ L . 2019 SETAREH LAW GROUP
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By:
9 SHAUN SETAREH
WILLIAM M. PAO
10 ALEXANDRA R. MCINTOSH
Attomeys for Plaintiff
11 TOMAS R. ARANA
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13 Dated: June 18 , 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP
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15 By:,
TIMOTHY J.LONG
16 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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STIPULATION AND [PROPOSEDLORDER SETTING MOTION HEARING DATE
4139-0892-9565
1 [PROPOSED) ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and sets a
3 hearing date and time of August 30, 2019 at 2:00 p.m. for (1) Plaintiffs Spears and Arana's
4 ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' Case
5 Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
6 Case Cannot Proceed as a PAGA Representative Action.
7 IT IS SO ORDERED.
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9 Dated:
10 Judge of the Superior Court
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565
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FILED BY FAX TIMOTHY J. LONG (STATE BAR NO. 137591) tj long@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com JUN 2 1 2019 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 *** COUNSEL FOR PLAINTIFFS ON NEXT PAGE 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- II of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 Plaintiff, STIPULATION AND [I'ROl'OliLUl ORDER TO SET HEARING DATE ON 13 (1) PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, (2) DEFENDANT'S 14 HEALTH NET OF CALIFORNIA, INC., a MOTION AS TO WHY SPEARS' CASE Califomia Corporation; and Does I through 50, CANNOT PROCEED AS A PAGA 15 inclusive. REPRESENTATIVE ACTION, AND (3) DEFENDANT'S MOTION AS TO WHY 16 Defendants ARANA'S CASE CANNOT PROCEED AS A PAGA REPRESENTIVE ACTION 17 Date: August 30, 2019 18 TOMAS R. ARANA, on behalf of himself, all Time: 2:00 p.m. others similarly situated. Courtroom: Dept. 35 19 Plaintiff, Judge: Hon. Alan G. Perkins V. 20 HEALTH NET OF CALIFORNIA, INC., a Original Complaint Filed: April 5, 2017 Caiifomia corporation; and DOES 1-50, FAC Filed: June 29,2017 21 inclusive. Consolidated Complaint Filed: Dec. 21,2017 Defendant. 22 23 24 25 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4139-0892-9565 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP NORMAN B. BLUMENTHAL (SBN 068687) APARAHT BHOWMIK (SBN 248066) VICTORIA B. RIVAPALACIO (SBN 275115) 2255 Calle Clara LaJoIla,CA 92037 Tel: 858.551.1223 Fax: 858.551.1232 norm@bamlawca.com Attomeys for Plaintiff ANDREA SPEARS SETAREH LAW GROUP SHAUN SETAREH (SBN 204514) shaun@setarehlaw.com WILLL\M M. PAO william@setarehlaw.com 10 ALEXANDRA R. MCINTOSH alex@setarehlaw.com 11 315 S Beveriy Drive, Suite 315 Beverly Hills, CA 90212 12 Telephone: (310) 888-7771 13 Attomeys for Plaintiff TOMAS R. ARANA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4139-0892-9565 1 2 3 RECITALS & STIPULATION 4 1. On April 5, 2019, Defendant Health Net of Califomia, Inc. ("HNCA") filed and 5 served a Notice of Entry of Order Issued by the Califomia Court of Appeal, Third Appellate 6 District, to Stay all Proceedings Pending in the Sacramento County Superior Court. 7 2. On April 11, 2019, the Court issued a Minute Order stating "Because of the recent 8 stay the Case Management Conference is continued to November 8, 2019 at 1:30 p.m., in 9 Department 35. The hearing date for the pending motions will be discussed at that time. Counsel 10 should notify this department ifthe stay is lifted before November 8, 2019." As such, the hearings II on the following fully briefed motions were vacated pending the stay: (I) Plaintiffs Spears and 12 Arana's ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' 13 Case Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's 14 Case Cannot Proceed as a PAGA Representative Action ("Pending and Briefed Motions"). 15 3. On April 25, 2019, the Califomia Court of Appeal, Third Appellate District issued 16 an order denying Defendant's writ of mandate, prohibition, or certiorari with request for stay. The 17 order stated that the "stay previously issued by this court on April 4, 2019, is vacated." 18 4. On May 17, 2019, the Parties filed a stipulation and order to set a hearing date on 19 the Pending and Briefed Motions. 20 5. On May 17, 2019, the Court entered an order setting hearing on the Pending and 21 Briefed Motions for July 3, 2019 at 1:30 p.m. The Court fiirther ordered "[i]f the Parties mutually 22 agree that a later hearing date would be more convenient, no later than 4:00 p.m. on June 19, 2019 23 they may notify the court clerk of the mutually agreed-upon later date." 24 6. Pursuant to the Court's May 17, 2019 order, the Parties mutually agree to move the 25 hearing on the Pending and Briefed motions to August 30, 2019 at 2:00 p.m. 26 IT IS SO STIPULATED. 27 /// 28 I STIPULATION AND PROPOSED] ORDER SETTING MOTION HEARING DATE 4139-0892-9565 1 Dated: June i l . 2019 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP 2 3 By: 4 aCTORIA B. RIVAPALACIO Attomeys for Plaintiff 5 ANDREA SPEARS 6 Dated: June J T ^ L . 2019 SETAREH LAW GROUP 7 8 By: 9 SHAUN SETAREH WILLIAM M. PAO 10 ALEXANDRA R. MCINTOSH Attomeys for Plaintiff 11 TOMAS R. ARANA 12 13 Dated: June 18 , 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP 14 15 By:, TIMOTHY J.LONG 16 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSEDLORDER SETTING MOTION HEARING DATE 4139-0892-9565 1 [PROPOSED) ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and sets a 3 hearing date and time of August 30, 2019 at 2:00 p.m. for (1) Plaintiffs Spears and Arana's 4 ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' Case 5 Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's 6 Case Cannot Proceed as a PAGA Representative Action. 7 IT IS SO ORDERED. 8 9 Dated: 10 Judge of the Superior Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4139-0892-9565