Preview
1 TIMOTHY J. LONG (STATE BARNO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BARNO. 289417)
nhorton@orrick.com ENUUHybL)
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497 DEC 2 1 2013
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900
Bv T. Elder
6 Deputy Clerk.
Attomeys for Deferidant
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 NOTICE OF APPLICATION AND
APPLICATION TO SEAL EXHIBITS
13 FILED IN SUPPORT OF MOTIONS
HEALTH NET OF CALIFORNIA, INC., a WHY PLAINTIFFS' CASES SHOULD
14 Caiifomia Corporation; and Does 1 through NOT PROCEED AS PAGA
50, inclusive. REPRESENTATIVE ACTIONS
15 Date: April 11, 2019
Defendants. Time: 10:00 a.m.
16 Dept:. 35
Judge: Hon. Alan G. Perkins
17
Complaint Filed: April 5, 2017
18 FAC Filed: June 29, 2017
19
TOMAS R. ARANA, onbehalf of himself, all
others similarly situated. Complaint Filed: August 1, 2017
20 Consolidated Complaint Filed: Dec. 21,2017
21 Plaintiff,
22 V.
23 HEALTH NET OF CALIFORNIA, INC., a
Caiifomia corporation; and DOES 1-50,
CO 24 inclusive.
< 25 Defendant.
S 26
S2 27
cc 28
O
NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL
1 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on April 11,2019, at 10:00 a.m. or soon thereafter as may
3 be heard in Department 35 of the Superior Court of the State of Caiifomia, County of
4 Sacramento, Defendant Health Net of Caiifomia, Inc. ("HNCA") will and hereby does apply to
5 the Court for an order, pursuant to Caiifomia Rule of Court, Rule 2.550, sealing (1) HNCA's
6 "Associate Policy: Timekeeping," submitted as Exhibit A to both the Declaration of Diane Rodes
7 in Support of Motion as to Why Arana's Case Should Not Proceed as a PAGA Representative
8 Action and the Declaration of Diane Rodes in Support of Motion as to Why Spears' Case Should
9 Not Proceed as a PAGA Representative Action; (2) HNCA's "Associate Policy: Working Hours
10 and Pay Practices," submitted as Exhibit B to the Declaration of Diane Rodes in Support of
11 Motion as to Why Spears' Case Should Not Proceed as a PAGA Representative Action; (3) an
12 email sent on January 7, 2016, to certain HNCA employees providing a written description of
13 HNCA's meal and rest break policies, submitted as Exhibit C to the Declaration of Diane Rodes
14 in Support of Motion as to Why Spears' Case Should Not Proceed as a PAGA Representative
15 Action.
16 HNCA's motion is based on this Notice of Application and Application, the
17 accompanying Memorandum of Points and Authorities, the Declaration of Diane Rodes in
18 Support of Application to Seal Exhibits Filed in Support of Motions Why Plaintiffs' Cases
19 Should Not Proceed as PAGA Representative Actions, the proposed order in support of this
20 application, as well as the pleadings, records and files in this case, and upon any further oral and
21 documentary evidence that may be presented at or before hearing on this matter.
22 Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits
23 ofthis matter by 2:00 p.m., the court day before the hearing. The complete text of the
24 tentative rulings for the department may be downloaded off the court's website. Ifthe party
25 does not have online access, they may call the dedicated phone number for the departmentt
26 as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m.
27 on the court day before the hearing and receive the tentative ruling. If you do not call the
28
-2-
NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL
1 court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will
2 be held.
3 Dated: December 21, 2018 ORRICK,\HERRINGTON & SUTCLIFFE LLP
4
V
5 By:
NICHOLAS^J. HORTON
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4152-9522-5881.2
-3
NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL
Preview
1 TIMOTHY J. LONG (STATE BARNO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BARNO. 289417) nhorton@orrick.com ENUUHybL) 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 DEC 2 1 2013 Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 Bv T. Elder 6 Deputy Clerk. Attomeys for Deferidant 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 NOTICE OF APPLICATION AND APPLICATION TO SEAL EXHIBITS 13 FILED IN SUPPORT OF MOTIONS HEALTH NET OF CALIFORNIA, INC., a WHY PLAINTIFFS' CASES SHOULD 14 Caiifomia Corporation; and Does 1 through NOT PROCEED AS PAGA 50, inclusive. REPRESENTATIVE ACTIONS 15 Date: April 11, 2019 Defendants. Time: 10:00 a.m. 16 Dept:. 35 Judge: Hon. Alan G. Perkins 17 Complaint Filed: April 5, 2017 18 FAC Filed: June 29, 2017 19 TOMAS R. ARANA, onbehalf of himself, all others similarly situated. Complaint Filed: August 1, 2017 20 Consolidated Complaint Filed: Dec. 21,2017 21 Plaintiff, 22 V. 23 HEALTH NET OF CALIFORNIA, INC., a Caiifomia corporation; and DOES 1-50, CO 24 inclusive. < 25 Defendant. S 26 S2 27 cc 28 O NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL 1 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on April 11,2019, at 10:00 a.m. or soon thereafter as may 3 be heard in Department 35 of the Superior Court of the State of Caiifomia, County of 4 Sacramento, Defendant Health Net of Caiifomia, Inc. ("HNCA") will and hereby does apply to 5 the Court for an order, pursuant to Caiifomia Rule of Court, Rule 2.550, sealing (1) HNCA's 6 "Associate Policy: Timekeeping," submitted as Exhibit A to both the Declaration of Diane Rodes 7 in Support of Motion as to Why Arana's Case Should Not Proceed as a PAGA Representative 8 Action and the Declaration of Diane Rodes in Support of Motion as to Why Spears' Case Should 9 Not Proceed as a PAGA Representative Action; (2) HNCA's "Associate Policy: Working Hours 10 and Pay Practices," submitted as Exhibit B to the Declaration of Diane Rodes in Support of 11 Motion as to Why Spears' Case Should Not Proceed as a PAGA Representative Action; (3) an 12 email sent on January 7, 2016, to certain HNCA employees providing a written description of 13 HNCA's meal and rest break policies, submitted as Exhibit C to the Declaration of Diane Rodes 14 in Support of Motion as to Why Spears' Case Should Not Proceed as a PAGA Representative 15 Action. 16 HNCA's motion is based on this Notice of Application and Application, the 17 accompanying Memorandum of Points and Authorities, the Declaration of Diane Rodes in 18 Support of Application to Seal Exhibits Filed in Support of Motions Why Plaintiffs' Cases 19 Should Not Proceed as PAGA Representative Actions, the proposed order in support of this 20 application, as well as the pleadings, records and files in this case, and upon any further oral and 21 documentary evidence that may be presented at or before hearing on this matter. 22 Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits 23 ofthis matter by 2:00 p.m., the court day before the hearing. The complete text of the 24 tentative rulings for the department may be downloaded off the court's website. Ifthe party 25 does not have online access, they may call the dedicated phone number for the departmentt 26 as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. 27 on the court day before the hearing and receive the tentative ruling. If you do not call the 28 -2- NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL 1 court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will 2 be held. 3 Dated: December 21, 2018 ORRICK,\HERRINGTON & SUTCLIFFE LLP 4 V 5 By: NICHOLAS^J. HORTON 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4152-9522-5881.2 -3 NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL