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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
2
tjlong@orrick.com
NICHOLAS J. HORTON (STATE BAR NO. 2894 ^ FILED/ENDORSED
nhorton@orrick.com
.3 AVALON JOHNSON FITZGERALD (STATE B/
NO. 288167)
FEB 1 5 2019
4 afitzgerald@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP By: M. Rubalcaba
Deputy Cleilt
5 400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
6 Telephone: +1916 447 8299
Facsimile: +1916 329 4900
7
Attomeys for Defendant
8 HEALTH NET OF CALIFORNIA, INC.
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
12 of herself and on behalf of all persons CU-OE-GDS
similarly situated.
13 Plaintiff,
DECLARATION OF SUSAN SHAW IN
14 SUPPORT OF DEFENDANT H E A L T H
V.
NET OF CALIFORNIA, INC.'S
15 OPPOSITION TO PLAINTIFFS'
HEALTH NET OF CALIFORNIA, INC., a MOTION FOR CLASS
Califomia Corporation; and Does 1 through CERTIFICATION
16 50, inclusive.
Date: April 11, 2019
17 Defendants. Time: 10:00 a.m.
Dept: 35
18 Judge: Hon. Alan G. Perkins
19 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
20
21 TOMAS R. ARANA. on behalf of himself, all
Complaint Filed: August 1, 2017
others similarly situated.
Consolidated Complaint Filed: Dec. 21, 2017
22
Plaintiff
23
V.
24
HEALTH NET OF CALIFORNIA, INC., a
25 Califomia corporation; and DOES 1-50,
inclusive.
26
Defendant.
27
28
DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
1 DECLARATION OF SUSAN SHAW
2 I , Susan Shaw, declare as follows:
3 1. I am a Manager for Special Needs Plan members at Health Net of Califomia^ Inc.
4 ("HNCA"). I started working at HNCA in 2009. I have been in my current role for
5 approximately six years. I work remotely (in San Marcos) out of HNCA's Woodland Hills,
6 Califomia location.
7 2 . 1 manage a team of 15-16 Care Managers working remotely out of the Woodland
8 Hills, Califomia location. All of these Care Managers are hourly, non-exempt employees. 1
9 began supervising Maria Perez, a Care Manager I I , in September 2016.
10 3. I led a telephonic team meeting at 2:00PM on January 15, 2019, which Ms. Perez
11 dialed into. During that team meeting, I reminded everyone about HNCA's timekeeping and
12 meal and rest period policies.
13 4. On either Friday, January 18, 2019, or Monday, January 21,2019,1 performed a
14 routine check of the payroll records of my direct reports. I noticed that Ms. Perez had taken a
15 short and late meal period on January 15, 2019.
16 5. I promptly called Ms. Perez and informed her that she had taken a non-compliant
17 short and late meal period on January 15, 2019. I reiterated to her HNCA's meal and rest period
18 policies and asked her why she had taken a short and late meal period. She explained that this
19 was right before the team meeting where those policies were reinforced and that she would try to
20 follow the policies going forward. However, she also said that she is too busy sometimes to take
21 her full meal and rest periods. She said for example that on January 15, 2019, she started her
22 lunch late because she was on the phone with a provider, and that if she is on the phone with
23 customers she cannot take her meal periods on time. This was the first time that Ms. Perez ever
24 expressed to me that she was too busy to take her meal and rest periods. I was previously
25 unaware of this issue.
26 6. With regard to her statement that she was on the phone with a provider and could
27 not take her meal period on time, I told her that was a time management issue on her part because
28 she should be aware of her meal and rest period times and not take calls that will interfere with
-2-
DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
her ability to take those meal and rest periods on time. Although 1 ultimately believe this is a
2 time management issue, I also want to ensure that my employees take meal and rest periods in
3 compliance with HNCA's policies. Thus, I discussed with Ms. Perez her current caseload and
4 schedule and ultimately decided to lessen her caseload to ensure that she personally felt able to
5 take all of her meal and rest periods.
6 7. 1 understand that Ms. Perez has testified that I said she was mostly caught up on
7 her work because she was not taking her meal and rest periods. I do not recall saying that, nor do
8 I believe that to be the case. Again, I believe that Ms. Perez not taking her meal and rest periods
9 is,a time management issue on her part, but I did lessen her caseload given her current schedule to
10 ensure that she personally felt able to take all of her meal and rest periods.
11 8. 1 have never told Ms. Perez that she was underperforming or that she needed to
12 work harder. I have never heard of any other employees on rriy team being too busy to take their
13 meal and rest periods. I encourage all of my direct reports to take all of their meal and rest
14 periods on time.
15 I declare under penalty of perjury under the laws of the State of Califomia that the
16 foregoing is tme and correct.
17 Executed this 14th day of Febmary, 2019, at San Marcos, Califomia.
18
19 Susan Shaw
20
21
22
23
24
25
26
27
28 II
-3
4128-5846-6074.1
DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
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'lied by ftmx 1 TIMOTHY J. LONG (STATE BAR NO. 137591) 2 tjlong@orrick.com NICHOLAS J. HORTON (STATE BAR NO. 2894 ^ FILED/ENDORSED nhorton@orrick.com .3 AVALON JOHNSON FITZGERALD (STATE B/ NO. 288167) FEB 1 5 2019 4 afitzgerald@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP By: M. Rubalcaba Deputy Cleilt 5 400 Capitol Mall, Suite 3000 Sacramento, CA 95814-4497 6 Telephone: +1916 447 8299 Facsimile: +1916 329 4900 7 Attomeys for Defendant 8 HEALTH NET OF CALIFORNIA, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 12 of herself and on behalf of all persons CU-OE-GDS similarly situated. 13 Plaintiff, DECLARATION OF SUSAN SHAW IN 14 SUPPORT OF DEFENDANT H E A L T H V. NET OF CALIFORNIA, INC.'S 15 OPPOSITION TO PLAINTIFFS' HEALTH NET OF CALIFORNIA, INC., a MOTION FOR CLASS Califomia Corporation; and Does 1 through CERTIFICATION 16 50, inclusive. Date: April 11, 2019 17 Defendants. Time: 10:00 a.m. Dept: 35 18 Judge: Hon. Alan G. Perkins 19 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 20 21 TOMAS R. ARANA. on behalf of himself, all Complaint Filed: August 1, 2017 others similarly situated. Consolidated Complaint Filed: Dec. 21, 2017 22 Plaintiff 23 V. 24 HEALTH NET OF CALIFORNIA, INC., a 25 Califomia corporation; and DOES 1-50, inclusive. 26 Defendant. 27 28 DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 1 DECLARATION OF SUSAN SHAW 2 I , Susan Shaw, declare as follows: 3 1. I am a Manager for Special Needs Plan members at Health Net of Califomia^ Inc. 4 ("HNCA"). I started working at HNCA in 2009. I have been in my current role for 5 approximately six years. I work remotely (in San Marcos) out of HNCA's Woodland Hills, 6 Califomia location. 7 2 . 1 manage a team of 15-16 Care Managers working remotely out of the Woodland 8 Hills, Califomia location. All of these Care Managers are hourly, non-exempt employees. 1 9 began supervising Maria Perez, a Care Manager I I , in September 2016. 10 3. I led a telephonic team meeting at 2:00PM on January 15, 2019, which Ms. Perez 11 dialed into. During that team meeting, I reminded everyone about HNCA's timekeeping and 12 meal and rest period policies. 13 4. On either Friday, January 18, 2019, or Monday, January 21,2019,1 performed a 14 routine check of the payroll records of my direct reports. I noticed that Ms. Perez had taken a 15 short and late meal period on January 15, 2019. 16 5. I promptly called Ms. Perez and informed her that she had taken a non-compliant 17 short and late meal period on January 15, 2019. I reiterated to her HNCA's meal and rest period 18 policies and asked her why she had taken a short and late meal period. She explained that this 19 was right before the team meeting where those policies were reinforced and that she would try to 20 follow the policies going forward. However, she also said that she is too busy sometimes to take 21 her full meal and rest periods. She said for example that on January 15, 2019, she started her 22 lunch late because she was on the phone with a provider, and that if she is on the phone with 23 customers she cannot take her meal periods on time. This was the first time that Ms. Perez ever 24 expressed to me that she was too busy to take her meal and rest periods. I was previously 25 unaware of this issue. 26 6. With regard to her statement that she was on the phone with a provider and could 27 not take her meal period on time, I told her that was a time management issue on her part because 28 she should be aware of her meal and rest period times and not take calls that will interfere with -2- DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION her ability to take those meal and rest periods on time. Although 1 ultimately believe this is a 2 time management issue, I also want to ensure that my employees take meal and rest periods in 3 compliance with HNCA's policies. Thus, I discussed with Ms. Perez her current caseload and 4 schedule and ultimately decided to lessen her caseload to ensure that she personally felt able to 5 take all of her meal and rest periods. 6 7. 1 understand that Ms. Perez has testified that I said she was mostly caught up on 7 her work because she was not taking her meal and rest periods. I do not recall saying that, nor do 8 I believe that to be the case. Again, I believe that Ms. Perez not taking her meal and rest periods 9 is,a time management issue on her part, but I did lessen her caseload given her current schedule to 10 ensure that she personally felt able to take all of her meal and rest periods. 11 8. 1 have never told Ms. Perez that she was underperforming or that she needed to 12 work harder. I have never heard of any other employees on rriy team being too busy to take their 13 meal and rest periods. I encourage all of my direct reports to take all of their meal and rest 14 periods on time. 15 I declare under penalty of perjury under the laws of the State of Califomia that the 16 foregoing is tme and correct. 17 Executed this 14th day of Febmary, 2019, at San Marcos, Califomia. 18 19 Susan Shaw 20 21 22 23 24 25 26 27 28 II -3 4128-5846-6074.1 DECLARATION OF SUSAN SHAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION