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DocuSign Envelope ID: 1D63F0DA-B3B2-417D-I A53322D90A9E
"lied
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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-
of herself and On behalf of all persons CU-OE-GDS
11 similarly situated,
Plaintiff
12 DECLARATION OF MICHEAL
PARKER
13 Judge: Hon. Alan G. Perkins
HEALTH NET OF CALIFORNIA, INC., a
14 Califomia Corporation; and Does 1 through Complaint Filed: April 5, 2017
50, inclusive. FAC Filed: June 29, 2017
15
Defendants.
16
17 TOMAS R. ARANA, on behalf of himself all
Complaint Filed: August 1, 2017
others similarly situated.
Consolidated Complaint Filed: Dec. 21, 201.7
18
Plaintiff
19
V.
20
HEALTH NET OF CALIFORNIA, INC., a
21 Califomia corporation; and DOES 1-50,
inclusive,
22
Defendant.
23
24
25
26
27
28
DECLARATION OF MICHEAL PARKER
4127-5188-5337.1
DocuSign Envelope ID; 1D63F0DA-B3B2-417D-L A53322D90A9E
1 I, Micheal Parker, declare as follows:
2 1. I was employed by Health Net of California, Inc. ("Health Net") in Rancho Cordova,
3 Califomia, from approximately January 2017 througli March 2017.
4 2. I understand and have been told there is a lawsuit between Health Net and two
5 current or former employees, who seek to represent all current and former hourly or non-exempt
6 Health Net employees in Califomia from April 5, 2013 through the present, as well as certain
7 exempt employees during the same time period.
8 3. I further understand that the Plaintiffs in this case are seeking to represent a class of
9 employees that may include me. I know that 1 may be eligible to participate as a member of the
10 class, if certified. I understand that the attomey who spoke with me regarding this declaration
11 represents Health Net and does not represent my personal interests. I am making this statement
12 voluntarily and without coercion.
13 4. On December 6, 2018,1 signed a declaration in support of Plaintiffs' Motion for
14 Class Certification. On January 18,2019,1 retumed the call of an attomey representing Health Net
15 who had called to confirm my attendance at my deposition scheduled for Tuesday, January 22,
16 2019.
17 5. From the beginning, I told the Plaintiffs' attomey who had called me that I had zero
18 interest in being part of this class action lawsuit. In fact, I told the Plaintiffs' attomey on the phone
19 that 1 only once worked through a lunch break—because I wanted to fmish something I was
20 working on—and then afterwards I was counseled for not taking my lunch break. Health Net did
21 the right thing. The Plaintiffs' attomey continued to talk to me on the phone about my employment
22 at Health Net. Then, I got an email asking me to sign the December 6, 2018 declaration. 1 signed
23 it quickly using an electronic signature. The Plaintiffs' attomey never told me, by phone, email, or
24 otherwise, that by signing this declaration I would be a witness or be testifying on behalf of this
25 class action lawsuit. They should have stated, "If you sign this declaration, you will be part of this
26 class action lawsuit." I told the Plaintiffs' attorney I did not want to be involved so it was pretty
27 misleading for the Plaintiffs' attomey not to tell me that.
28
DECLARATION OF MICHEAL PARKER
4127-5188-53.17.1
DocuSign Envelope ID: 1D63F0DA-B3B2-417D-L A53322D90A9E
6. Rather than moving forward as a witness in this class action lawsuit, I choose to
2 withdraw my December 6, 2018 declarationfiledin support of Plaintiffs' Motion for Class
3 Certification.
4 I declare under the penalty of perjury under the laws of the United States and the State of
5 Califomia that the foregoing is tme and correct. Executed on January 2019 at Sacramento,
6 Califomia.
7
8
9
Micheal Parker
10,
11
12
13
14
15
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17
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-3-
DECLARATION OF MICHEAL PARKER
4127-5188-.5337.1
Preview
DocuSign Envelope ID: 1D63F0DA-B3B2-417D-I A53322D90A9E "lied 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 Telephone: +1916 447 8299 5 Facsimile: +1 916 329 4900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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- of herself and On behalf of all persons CU-OE-GDS 11 similarly situated, Plaintiff 12 DECLARATION OF MICHEAL PARKER 13 Judge: Hon. Alan G. Perkins HEALTH NET OF CALIFORNIA, INC., a 14 Califomia Corporation; and Does 1 through Complaint Filed: April 5, 2017 50, inclusive. FAC Filed: June 29, 2017 15 Defendants. 16 17 TOMAS R. ARANA, on behalf of himself all Complaint Filed: August 1, 2017 others similarly situated. Consolidated Complaint Filed: Dec. 21, 201.7 18 Plaintiff 19 V. 20 HEALTH NET OF CALIFORNIA, INC., a 21 Califomia corporation; and DOES 1-50, inclusive, 22 Defendant. 23 24 25 26 27 28 DECLARATION OF MICHEAL PARKER 4127-5188-5337.1 DocuSign Envelope ID; 1D63F0DA-B3B2-417D-L A53322D90A9E 1 I, Micheal Parker, declare as follows: 2 1. I was employed by Health Net of California, Inc. ("Health Net") in Rancho Cordova, 3 Califomia, from approximately January 2017 througli March 2017. 4 2. I understand and have been told there is a lawsuit between Health Net and two 5 current or former employees, who seek to represent all current and former hourly or non-exempt 6 Health Net employees in Califomia from April 5, 2013 through the present, as well as certain 7 exempt employees during the same time period. 8 3. I further understand that the Plaintiffs in this case are seeking to represent a class of 9 employees that may include me. I know that 1 may be eligible to participate as a member of the 10 class, if certified. I understand that the attomey who spoke with me regarding this declaration 11 represents Health Net and does not represent my personal interests. I am making this statement 12 voluntarily and without coercion. 13 4. On December 6, 2018,1 signed a declaration in support of Plaintiffs' Motion for 14 Class Certification. On January 18,2019,1 retumed the call of an attomey representing Health Net 15 who had called to confirm my attendance at my deposition scheduled for Tuesday, January 22, 16 2019. 17 5. From the beginning, I told the Plaintiffs' attomey who had called me that I had zero 18 interest in being part of this class action lawsuit. In fact, I told the Plaintiffs' attomey on the phone 19 that 1 only once worked through a lunch break—because I wanted to fmish something I was 20 working on—and then afterwards I was counseled for not taking my lunch break. Health Net did 21 the right thing. The Plaintiffs' attomey continued to talk to me on the phone about my employment 22 at Health Net. Then, I got an email asking me to sign the December 6, 2018 declaration. 1 signed 23 it quickly using an electronic signature. The Plaintiffs' attomey never told me, by phone, email, or 24 otherwise, that by signing this declaration I would be a witness or be testifying on behalf of this 25 class action lawsuit. They should have stated, "If you sign this declaration, you will be part of this 26 class action lawsuit." I told the Plaintiffs' attorney I did not want to be involved so it was pretty 27 misleading for the Plaintiffs' attomey not to tell me that. 28 DECLARATION OF MICHEAL PARKER 4127-5188-53.17.1 DocuSign Envelope ID: 1D63F0DA-B3B2-417D-L A53322D90A9E 6. Rather than moving forward as a witness in this class action lawsuit, I choose to 2 withdraw my December 6, 2018 declarationfiledin support of Plaintiffs' Motion for Class 3 Certification. 4 I declare under the penalty of perjury under the laws of the United States and the State of 5 Califomia that the foregoing is tme and correct. Executed on January 2019 at Sacramento, 6 Califomia. 7 8 9 Micheal Parker 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF MICHEAL PARKER 4127-5188-.5337.1