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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tj long@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP ^^'•8 JAN 23 3; 52
400 Capitol Mall, Suile 3000
3 Sacramenio, CA 95814-4497
Telephone: +1 916 447 9200
4 Facsimile: +1 916 329 4900
5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
slephanie.lee@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsimile: +1-213-612-2499
9 Attorneys for Defendant
HEALTH NET OF CALIFORNIA. INC.
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
14 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
15 Plaintiff, DECLARATION OF CHRISSY
SCHNEIDER IN SUPPORT OF
16 DEFENDANT'S MOTION TO
SEQUENCE DISCOVERY
17 HEALTH NET OF CALIFORNIA, INC, a
Califomia Corjjoration; and Does 1 through 50, Dale: February 15,2018
18 inclusive, Time: 9:30 a.m.
Judge: Hon. Alan G. Perkins
19 Defendanls. Dept.: 35
20 Complaini Filed: April 5,2017
FAC Filed: June 29,2017
21 Consolidated Complaini Filed: Dec. 21, 2017
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TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
23 others similariy situated.
24 Plaintiff,
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26 HEALTH NET OF CALIFORNIA, INC, a
California corporation; and DOES 1-50,
27 inclusive,
28 Defendant.
DECl-ARATION OF Cl IRISSY SCI INEIDI.'R IN SUPPORT 01' DEFENDANTS MOTION TO SEQUENCi; DISaiVERY
1 I, Chrissy Schneider, declare:
2 I. I am a Payroll Manager at Centene Corporation ("Centene"), a position I have held
3 since 2013. I started my employment wiUi Centene in 2007 and have since held various roles in
4 the Payroll Depanment. As part of my job duties, I am familiar with the payroll functions of
5 Centene and the various Centene companies, including Health Net, Inc. ("HNP') and its subsidiary,
6 Health Net of Califomia, Inc. ("Health Net"). All of the information contained in this declaration
7 is based upon my personal knowledge or, where context indicates, review of the records described
8 herein. If called and swom as a witness, I could and would competentiy testify to the matters in
9 this declaration.
10 2. I understand that Plaintiffs Andrea Spears and Tomas Arana seek the production of
11 certain documents and information relating to neariy 5,000 current and former employees of Health
12 Net between April S, 2013 and the present (the "Employees"), approximately 4,800 of whom are
13 and/or were classified as non-exempt, and approximately 200 of whom are and/or were classified
14 as exempt.
15 3. In 2016. HNI merged with Centene. As a result of this merger. HNI's and its
16 subsidiaries' payroli and timekeeping program (PeopleSoft) was suspended from use effective
17 January I, 2017. The data residing on PeopeSoft was archived and stored in u manner that is not
18 readily accessible or user-friendly. Employees' payroll and timekeeping records from the period
19 April 5.2013 to December 31,2016 are stored in these archives.
20 4. Employees' payroll records for January 1, 2017 to the present are stored in ADP.
21 And, their timekeeping records for January 1. 2017 to the present are stored in a program called
22 Workforce EmpCenter.
23 Payroll, Time and Time Adjustmeitt Records
24 5. 1 understand that Ms. Spears and Mr. Arana seek Employees' payroll, time and time
25 adjustment records for thetimeperiod April S, 2013 to the present
26 6. The Company does not have a ready-to-use application to gather all of these records.
27 Therefore, collecting Uiis data and responding to these requests would be a very time-consuming
28 task.
DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF DEFtNDANT'S MOTION TO SEQUENCE DISCOVERY
1 7. Togathertherequestedrecordsforthetimeperiod Aprils. 2013 and December 31,
2 2016.1 would need to ask Centene's IT team to devise queries and/or build tables they could use
3 to extract them from the PeopleSoft archives. The resulting data would be so large that it would
4 not evenfitin Microsoft Excel sheets. Therefore, the IT team would need to build another tool or
5 database to host all of it. Based on my prior dealings with,FT and experience at the company, this
6 would be a complicated and time-consuming endeavor, and it will be on top of IT'S regular duties.
7 8. I would need to ask Centene's IT team undertake the same steps to pull this data for
8 the time period January I, 2017 to the present from ADP. While not astime-consumingor
9 complicated as pulling pre-2017 data, this too will take a great deal of time to accomplish.
10 Wage Statements
11 9. I understand that Ms. Spears and Mr. Arana seek Employees' wage statements for
12 thetimeperiod April S, 2013 to the present.
13 10. The Company does not have a ready-to-use application to gadier all of these wage
14 statements. Therefore, responding to this request would be a very time-consuming task.
15 II. To gather Uie requested wage statements for thetimeperiod April S, 2013 to
16 December 31. 2016.1 would need to ask Centene's FT team to devise queries and/or build tables
17 they could use to extract them from Uie PeopleSoft archives. The result would be an enormous
18 volume of wage statements in PDF format. As with extracting the payroll, time and time adjustment
19 data above, this will be a complicated and time-consuming task.
20 12. To gather these wage statements for the time period January 1,2017,1 would also
21 need to ask Centene's TT team to devise queries and/or build tables Uiey could use to extract them
22 from ADP. This will likely take a significant amount of time.
23 Receipt of Overtime and Cash Payments In Ueu Of Health Benefits
24 13. I understand that Ms. Spears seeks, for each non-exempt Employee, a list detailing
25 each and every pay period during which he or she was paid both overtime compensation and "cash
26 payments in lieu of health benefits" between April S, 2013 and the present.
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DECLARATION OF CHR ISSY SCHNEIDER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
1 14. I understand that Ms. Spears also seeks data itemizing the total number of non-
2 exempt Employees who. at any time between April 5, 2013 and the present, received overtime
3 compensation and "cash payments in lieu of health benefits."
4 IS. Employees ceased receiving "cash payments in lieu of health benefits" as of
5 December 31.2016.
6 16. The company does not have a ready-to-use application to gather all of this data.
7 Therefore, responding to these requests would be a very time-consuming task. First, I would have
8 to go through the steps described in Paragraph 7 above in order to obtain the Employees' payroll
9 records from the PeopleSoft archives. I would then need to ask Centene's IT team to build queries
10 in order tofilterfor those non-exempt Employees who received pay under the relevant pay codes
11 during the same pay periods, and then, for each such Employee, produce a list identifying each
12 pertinent pay period.
13 Receipt of Overtime and Other "Form[s) of Remuneration*'
14 1 7 . 1 understand that Mr. Arana seeks a list of each non-exempt Employee who received
15 overtime and "non-discretionary bonuses, shift differential pay, night shift premiums, or another
16 form of remuneration" between April 5,2013 and the present.
17 18. The company does not have a ready-to-use application to gather ail of this data.
18 Therefore, responding to these requests would be a very time-consuming task. First, I would have
19 to go through the steps described in Paragraphs 7 and 8 above In order to obtain the Employees'
20 payroll records from Uie PeopleSoft archives and ADP. I would then need to ask Centene's FT team
21 to build queries in order tofilterfor those non-exempt Employees who received pay under the
22 relevant pay codes.
23 Meid and Rest Break Premiums
24 19. I understand that Ms. Spears and Mr. Arana seek, for each non-exempt Employee.
25 and for all non-exempt Employees collectively, data itemizing the total number of meal period
26 premiums paid for the time period April 5.2013 to the present.
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DECLARATION OF CHRISSY 5CHNEU>ER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
1 20. I also understand that Mr. Arana seeks, for each non-exempt Employee, data
2 itemizing the total dollar amount of meal period and rest break premiums paid, and data itemizing
3 the total number of rest break premiums paid for the lime period April 5,2013 to the present.
4 21. I also understand that Mr. Arana seeks, for each non-exempt Employee, data
5 identifying the beginning and end dales when meal period and rest break premiums have been paid
6 in thetimeframe April S. 2013 to the present.
7 22. The company does not have a ready-to-use application to gather all of this data.
8 Therefore, responding to these requests would be a very time-consuming task.
9 23. In order to gather the informationrequested,I would have to, as an initial matter, go
10 through the steps described in Paragraphs 7-8 above to obtain the Employees' payrollrecordsfrom
11 both the PeopleSoft archives and ADP. My team and I would then need to cull and analyze the
12 enormous volumes of resulting data for the pay periods during which each non-Exempt employee
13 was paid either a meal period premium or a rest break premium. Next, we would need to calculate,
14 for each non-Exempt employee, the total number of such premiums paid and the total dollar amouni
15 of such premiums paid to each.
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DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF DEFENDANTS MOTION TO SEQUENCE DISCOVERY
1 «l|i4Ei|c4:4c
2 24. To my knowledge, Centene's payroll department has never had to pull such an
3 enormous volume of archived PeopleSoft data. Therefore, it is difficult to project the complications
4 that may arise. Moreover, neither I nor anyone on my team has. to my knowledge, ever had (o
5 analyze or perform the calculations Ms. Spears and Mr. Arana seek for so many individuals across
6 such a wide period of time in order torespondto their requests. Accordingly. I am only able to
7 provide the following very rough estimate of how long responding to all of theirrequestsdetailed
8 herein would take: at a bare minimum for a team of three to four people (from IT and Payroll),
9 three to six monUis of dedicated time.
10 I declare under finally of perjury under the laws of the State of Califomia and these United
11 States that the foregoing is true and correct.
12 Executed this ^2."*^ day of January, 2018 in St. Louis, Missouri.
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DECLARA-nON OF CHRISSY SCHNEIDER IN SUPPORT OF DltFENDANTS MOTION TO SEQUENCE DlSCQVFJt Y
1 PROOF OF PERSONAL SERVICE
2 I am more than eighteen years old and not a party lo this aclion. My business address is Orrick,
3 Herrington & Sutcliffe LLP, 777 SouUi Figueroa Street, Suile 3200, Los Angeles, CA 90017. On
4 January 23,2018,1 caused to be served the following document(s):
5 DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF
^ DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
7 on the interested parties by delivering tme and cortect copies Ihereof in scaled cnvclope(s) to the
8 following address(es):
9 Shaun Setareh, Esq. Norman B. Blumenthal, Esq.
,^ Setareh Law Group Blumenthal, Nordrehaug & Bhowmik
9454 Wilshire Blvd, Suile 907 2255 Calle Clara
11 Beverly Hills, CA 90212 La Jolla, CA 92037
Tel: (310)888-7771 Phone: (858)551-1223
12
13 I declare under penally of perjury under the laws ofthe Slate ofCalifomia that the above is
14 true and correct.
]5 Executed on January 23,2018, al Losangeles, Califomia.
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17 XJU/)aA^
Susan Totin
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PROOF or PERSONAL SERVICE
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tj long@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP ^^'•8 JAN 23 3; 52 400 Capitol Mall, Suile 3000 3 Sacramenio, CA 95814-4497 Telephone: +1 916 447 9200 4 Facsimile: +1 916 329 4900 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379) slephanie.lee@orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, Suite 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsimile: +1-213-612-2499 9 Attorneys for Defendant HEALTH NET OF CALIFORNIA. INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 14 of herself and on behalf of all persons similarly CU-OE-GDS situated, 15 Plaintiff, DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF 16 DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 17 HEALTH NET OF CALIFORNIA, INC, a Califomia Corjjoration; and Does 1 through 50, Dale: February 15,2018 18 inclusive, Time: 9:30 a.m. Judge: Hon. Alan G. Perkins 19 Defendanls. Dept.: 35 20 Complaini Filed: April 5,2017 FAC Filed: June 29,2017 21 Consolidated Complaini Filed: Dec. 21, 2017 22 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 23 others similariy situated. 24 Plaintiff, 25 26 HEALTH NET OF CALIFORNIA, INC, a California corporation; and DOES 1-50, 27 inclusive, 28 Defendant. DECl-ARATION OF Cl IRISSY SCI INEIDI.'R IN SUPPORT 01' DEFENDANTS MOTION TO SEQUENCi; DISaiVERY 1 I, Chrissy Schneider, declare: 2 I. I am a Payroll Manager at Centene Corporation ("Centene"), a position I have held 3 since 2013. I started my employment wiUi Centene in 2007 and have since held various roles in 4 the Payroll Depanment. As part of my job duties, I am familiar with the payroll functions of 5 Centene and the various Centene companies, including Health Net, Inc. ("HNP') and its subsidiary, 6 Health Net of Califomia, Inc. ("Health Net"). All of the information contained in this declaration 7 is based upon my personal knowledge or, where context indicates, review of the records described 8 herein. If called and swom as a witness, I could and would competentiy testify to the matters in 9 this declaration. 10 2. I understand that Plaintiffs Andrea Spears and Tomas Arana seek the production of 11 certain documents and information relating to neariy 5,000 current and former employees of Health 12 Net between April S, 2013 and the present (the "Employees"), approximately 4,800 of whom are 13 and/or were classified as non-exempt, and approximately 200 of whom are and/or were classified 14 as exempt. 15 3. In 2016. HNI merged with Centene. As a result of this merger. HNI's and its 16 subsidiaries' payroli and timekeeping program (PeopleSoft) was suspended from use effective 17 January I, 2017. The data residing on PeopeSoft was archived and stored in u manner that is not 18 readily accessible or user-friendly. Employees' payroll and timekeeping records from the period 19 April 5.2013 to December 31,2016 are stored in these archives. 20 4. Employees' payroll records for January 1, 2017 to the present are stored in ADP. 21 And, their timekeeping records for January 1. 2017 to the present are stored in a program called 22 Workforce EmpCenter. 23 Payroll, Time and Time Adjustmeitt Records 24 5. 1 understand that Ms. Spears and Mr. Arana seek Employees' payroll, time and time 25 adjustment records for thetimeperiod April S, 2013 to the present 26 6. The Company does not have a ready-to-use application to gather all of these records. 27 Therefore, collecting Uiis data and responding to these requests would be a very time-consuming 28 task. DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF DEFtNDANT'S MOTION TO SEQUENCE DISCOVERY 1 7. Togathertherequestedrecordsforthetimeperiod Aprils. 2013 and December 31, 2 2016.1 would need to ask Centene's IT team to devise queries and/or build tables they could use 3 to extract them from the PeopleSoft archives. The resulting data would be so large that it would 4 not evenfitin Microsoft Excel sheets. Therefore, the IT team would need to build another tool or 5 database to host all of it. Based on my prior dealings with,FT and experience at the company, this 6 would be a complicated and time-consuming endeavor, and it will be on top of IT'S regular duties. 7 8. I would need to ask Centene's IT team undertake the same steps to pull this data for 8 the time period January I, 2017 to the present from ADP. While not astime-consumingor 9 complicated as pulling pre-2017 data, this too will take a great deal of time to accomplish. 10 Wage Statements 11 9. I understand that Ms. Spears and Mr. Arana seek Employees' wage statements for 12 thetimeperiod April S, 2013 to the present. 13 10. The Company does not have a ready-to-use application to gadier all of these wage 14 statements. Therefore, responding to this request would be a very time-consuming task. 15 II. To gather Uie requested wage statements for thetimeperiod April S, 2013 to 16 December 31. 2016.1 would need to ask Centene's FT team to devise queries and/or build tables 17 they could use to extract them from Uie PeopleSoft archives. The result would be an enormous 18 volume of wage statements in PDF format. As with extracting the payroll, time and time adjustment 19 data above, this will be a complicated and time-consuming task. 20 12. To gather these wage statements for the time period January 1,2017,1 would also 21 need to ask Centene's TT team to devise queries and/or build tables Uiey could use to extract them 22 from ADP. This will likely take a significant amount of time. 23 Receipt of Overtime and Cash Payments In Ueu Of Health Benefits 24 13. I understand that Ms. Spears seeks, for each non-exempt Employee, a list detailing 25 each and every pay period during which he or she was paid both overtime compensation and "cash 26 payments in lieu of health benefits" between April S, 2013 and the present. 27 28 -2- DECLARATION OF CHR ISSY SCHNEIDER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 1 14. I understand that Ms. Spears also seeks data itemizing the total number of non- 2 exempt Employees who. at any time between April 5, 2013 and the present, received overtime 3 compensation and "cash payments in lieu of health benefits." 4 IS. Employees ceased receiving "cash payments in lieu of health benefits" as of 5 December 31.2016. 6 16. The company does not have a ready-to-use application to gather all of this data. 7 Therefore, responding to these requests would be a very time-consuming task. First, I would have 8 to go through the steps described in Paragraph 7 above in order to obtain the Employees' payroll 9 records from the PeopleSoft archives. I would then need to ask Centene's IT team to build queries 10 in order tofilterfor those non-exempt Employees who received pay under the relevant pay codes 11 during the same pay periods, and then, for each such Employee, produce a list identifying each 12 pertinent pay period. 13 Receipt of Overtime and Other "Form[s) of Remuneration*' 14 1 7 . 1 understand that Mr. Arana seeks a list of each non-exempt Employee who received 15 overtime and "non-discretionary bonuses, shift differential pay, night shift premiums, or another 16 form of remuneration" between April 5,2013 and the present. 17 18. The company does not have a ready-to-use application to gather ail of this data. 18 Therefore, responding to these requests would be a very time-consuming task. First, I would have 19 to go through the steps described in Paragraphs 7 and 8 above In order to obtain the Employees' 20 payroll records from Uie PeopleSoft archives and ADP. I would then need to ask Centene's FT team 21 to build queries in order tofilterfor those non-exempt Employees who received pay under the 22 relevant pay codes. 23 Meid and Rest Break Premiums 24 19. I understand that Ms. Spears and Mr. Arana seek, for each non-exempt Employee. 25 and for all non-exempt Employees collectively, data itemizing the total number of meal period 26 premiums paid for the time period April 5.2013 to the present. 27 28 . - .1 - DECLARATION OF CHRISSY 5CHNEU>ER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 1 20. I also understand that Mr. Arana seeks, for each non-exempt Employee, data 2 itemizing the total dollar amount of meal period and rest break premiums paid, and data itemizing 3 the total number of rest break premiums paid for the lime period April 5,2013 to the present. 4 21. I also understand that Mr. Arana seeks, for each non-exempt Employee, data 5 identifying the beginning and end dales when meal period and rest break premiums have been paid 6 in thetimeframe April S. 2013 to the present. 7 22. The company does not have a ready-to-use application to gather all of this data. 8 Therefore, responding to these requests would be a very time-consuming task. 9 23. In order to gather the informationrequested,I would have to, as an initial matter, go 10 through the steps described in Paragraphs 7-8 above to obtain the Employees' payrollrecordsfrom 11 both the PeopleSoft archives and ADP. My team and I would then need to cull and analyze the 12 enormous volumes of resulting data for the pay periods during which each non-Exempt employee 13 was paid either a meal period premium or a rest break premium. Next, we would need to calculate, 14 for each non-Exempt employee, the total number of such premiums paid and the total dollar amouni 15 of such premiums paid to each. 16 17 18 19 20 21 22 23 24 25 26 27 /// 28 /// DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF DEFENDANTS MOTION TO SEQUENCE DISCOVERY 1 «l|i4Ei|c4:4c 2 24. To my knowledge, Centene's payroll department has never had to pull such an 3 enormous volume of archived PeopleSoft data. Therefore, it is difficult to project the complications 4 that may arise. Moreover, neither I nor anyone on my team has. to my knowledge, ever had (o 5 analyze or perform the calculations Ms. Spears and Mr. Arana seek for so many individuals across 6 such a wide period of time in order torespondto their requests. Accordingly. I am only able to 7 provide the following very rough estimate of how long responding to all of theirrequestsdetailed 8 herein would take: at a bare minimum for a team of three to four people (from IT and Payroll), 9 three to six monUis of dedicated time. 10 I declare under finally of perjury under the laws of the State of Califomia and these United 11 States that the foregoing is true and correct. 12 Executed this ^2."*^ day of January, 2018 in St. Louis, Missouri. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^-J DECLARA-nON OF CHRISSY SCHNEIDER IN SUPPORT OF DltFENDANTS MOTION TO SEQUENCE DlSCQVFJt Y 1 PROOF OF PERSONAL SERVICE 2 I am more than eighteen years old and not a party lo this aclion. My business address is Orrick, 3 Herrington & Sutcliffe LLP, 777 SouUi Figueroa Street, Suile 3200, Los Angeles, CA 90017. On 4 January 23,2018,1 caused to be served the following document(s): 5 DECLARATION OF CHRISSY SCHNEIDER IN SUPPORT OF ^ DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 7 on the interested parties by delivering tme and cortect copies Ihereof in scaled cnvclope(s) to the 8 following address(es): 9 Shaun Setareh, Esq. Norman B. Blumenthal, Esq. ,^ Setareh Law Group Blumenthal, Nordrehaug & Bhowmik 9454 Wilshire Blvd, Suile 907 2255 Calle Clara 11 Beverly Hills, CA 90212 La Jolla, CA 92037 Tel: (310)888-7771 Phone: (858)551-1223 12 13 I declare under penally of perjury under the laws ofthe Slate ofCalifomia that the above is 14 true and correct. ]5 Executed on January 23,2018, al Losangeles, Califomia. 16 17 XJU/)aA^ Susan Totin 18 19 20 21 22 23 24 25 26 27 28 -1- PROOF or PERSONAL SERVICE