Preview
niED BY FAX
1 TIMOTHY J. LONG (STATE BAR NO. 137591) -2G10JliL-3 AH11=5.8'
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
Telephor.^:- +1 916 447 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-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plaintiff, DECLARATION OF NICHOLAS
HORTON IN SUPPORT OF
13 DEFENDANT HEALTH NET OF
CALIFORNIA, INC.'S OPPOSITION TO
14 HEALTH NET OF CALIFORNIA, INC., a MOTION TO COMPEL RESPONSES TO
Califomia Corporation; and Does 1 through 50, REQUEST FOR PRODUCTION (SET
15 inclusive. TWO)
16 Defendants. Date: April 16,2018
Time: 9:00 a.m. •
17 Judge: Hon. Christopher E. Kmeger
Dept.: 54
18
Complaint Filed: April 5, 2017
19 FAC Filed: June 29,2017
Consolidated Complaint Filed: Dec. 21, 2017
20
TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August I, 2017
21
others similarly situated.
22
Plaintiff,
23
24
HEALTH NET OF CALIFORNIA, INC., a
25 Califomia corporation; and DOES 1-50,
inclusive,
26
Defendant.
27.
28
DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO
4134-9746-4341.1 REQUEST FOR PRODUCTION (SET TWO)
1 I, Nicholeis J. Horton, declare:
2 1. I am an attorney duly admitted to practice before the courts of the State of
3 California and am an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of
4 record for Defendant Health Net of California, Inc. ("HNCA"). I make this declaration on
5 personal knowledge and, if sworn as a witness, could competently testify to the following facts
6 except where otherwise indicated.
7 2. Attached hereto as Exhibit A is a tme and correct copy of written meet and confer
8 correspondence with counsel for Plaintiff Spears, both before and after the motion was filed,
9 regarding Defendant's response s to Plaintiff Spears's Request for Production of Documents, Set
10 Two.
11 3. On June 14, 2018, during a meet and confer call with counsel for Plaintiff Spears
12 and counsel for Plaintiff Arana regarding the stipulation to produce anonymized payroll and
13 timekeeping data, I reiterated that Defendant would either serve an amended response or produce
14 a privilege log in response to Plaintiff Spears's meet and confer related to Defendant's responses
15 to Request for Production of Documents, Set Two. I reiterated that she should not work on or file
16 a motion because we had already agreed to comply with her request to amend the response or
17 produce a privilege log. I also informed her that Defendant would grant Plaintiff Spears a two
18 day extension to file any motion on this issue to allow Plaintiff time to finalize its response.
19 4. Following that call, I confirmed in writing that Plaintiff Spears'stimeto file a
20 motion on this issue was extended to June 20, 2018. A tme and correct copy of that
21 cortespondence is included in Exhibit A.
22 5. In her declaration in support of the motion to compel, counsel for Plaintiff Spears
23 omitted additional meet and confer correspondence from me dated June 19, 2018, in which I
24 informed her that our amended response was delayed because we were waiting on a signed
25 verification and that I expected to serve the response the following day, June 20, 2018. Plaintiff
26 Spears did not respond to this communication or otherwise request an additional extension of
27 time to file a motion. A tme and correct copy of my June 20, 2018 correspondence is attached
28
DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION (SET TWO)
4134-9746-4341.1
1 hereto as Exhibit B.
2 6. On June 20, 2018,1 had yet to receive a signed verification from our client because
3 the designated representative was reluming from international travel. In order to obviate the need
4 for an additional extension of time to file a motion to compel—which counsel for Plaintiff Spears
5 did not ask for—Defendant served the amended responses with the verification to follow and I
6 emailed an electronic courtesy copy to counsel for Plaintiff Spears. A tme and correct copy of
7 my June 20,2018 correspondence and the amended responses are attached hereto as Exhibit C.
8 7. On June 21,2018, Defendant served the verification and I emailed an electronic
9 courtesy copy to counsel for Plaintiff Spears. In that correspondence I also began my meet and
10 confer regarding the motion to compel, which our office had received via FedEx that moming. A
11 tme and correct copy of my June 21, 2018 correspondence, including the attached verification, is
12 attached hereto as Exhibit D.
13 I declare under penalty of perjury under the laws of the State of Califomia that the
14 foregoing is tme and correct.
15 Executed this day of June 2018 in\ Sacramento, California.
16
17 Ni6fi&las J. Horton
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION (SET TWO)
4134-9746-4341.I
From: Victoria Rivapalacio [mallto:victoria(5)bamlawca.com)
Sent: Friday, June 29, 2018 12:59 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal
; Al B ; Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh ; H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
1 fail to see how your timeline affects the motion. You at first refused to extend my deadline passed June 18, 2018.
When I explained the absurdity of the MTC deadline being on the same day as a promised production deadline, how
plaintiff would be unable to avoid filing a motion, you agreed to continue it two days, to June 20, 2018. You did, indeed,
tell me on June 19, 2018 that Defendant would be providing responses on June 20 (two days after the prior promise,
which is evidence to my point that plaintiff would have had to file a motion had the deadline remained on June 18). I
was at a hearing the morning of June 20, 2018 and, again, could not risk the possibility of Defendant's further delay and
Plaintiff losing her ability to compel this discovery (not to mention the fact that you refused to inform us as to whether
Defendant would be supplementing its responses or providing a privilege log so I did not know what to anticipate). The
motion was filed on June 19, 2018 because, again, an emailed promise is insufficient to protect Plaintiff's rights.
I reiterate that Defendant's supplemental responses provided after the filing and serving of a motion cannot moot a
motion once it is made. This Court has stated as such: "The Court must reject the opposition's suggestion that this
motion is rendered "moot" by the service ofthe "supplemental" responses. Code of Civil Procedure §1005.5 specifically
provides that a motion is deemed made at the time it is ~
filed and served and in this case, the "supplemental" responses were not served until 1/29/2018, well afterthe present
motion was filed was filed on 1/18/2018. Thus, this motion cannot be considered "moot" within the meaning of
§1005.5." Steve Sansen v. Aerojet Rocketdyne, Inc.. case no. 2015-00175120, Order of Feb. 15, 2018.
We will not seek sanctions, despite Defendant's attempts to prejudice Plaintiff by refusing to continue the motion to
compel date, but we will continue to seek the documents that are responsive to these requests.
As to those documents, Defendant's response to RFP No. 1 states: "Defendant will produce non-privileged documents
responsive to this request in Defendant's possession, custody, or control. Defendant will also produce, in redacted
form, the single privileged document in its possession, custody, or control."
This is in contrast to Defendant's response to No. 2, which states: "After a diligent search and reasonable inquiry,
Defendant is unaware of any non-privileged documents responsive to this request in Defendant's possession, custody,
or control because no such documents have ever existed. Defendant will produce, in redacted form, the single privileged
document in its possession, custody, or control."
If Defendant meant that the only produced document was the only document responsive to each RFP, then
Defendant's responses should both indicate that. Instead, Defendant states that there ore non-privileged documents
responsive to RFP No. 1 and that they will be produced. Therefore, please provide a date certain for their production.
Regards,
Victoria
From: Horton, Nicholas J.
Sent: Thursday, June 28, 2018 4:58 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
First, you ignore that I told you on Tuesday June 19, 2018 that we were waiting on the signed verification.
Second, you Ignore that in order to obviate the need for another extension—which you never sought—we served
responses on June 20, 2018 with verification to follow because we were still waiting on the verification—which followed
on June 21, 2018. You now have verified amended responses, which is the only thing your motion seeks.
Which begs the question as to how you intend to ask the Court to compel compliance with the amended responses
when your motion has not raised that issue.
Further, and more importantly, there are no other documents to produce. We produced this email chain in redacted
form as opposed to producing the initiating email and logging the forwarding email. Would you like us to amend our
responses to make the term "non-privileged documents" singular?
Best,
Nick • -
From: Victoria Rivapalacio fmailto:victoria@bamlawca.com1
Sent: Thursday, June 28, 2018 4:00 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
; AJ B bamlawca.com>; Kyle Nordrehaug ; Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
As you know, an emailed promise to comply is insufficient to trigger Code of Civil Procedure section 2031.320(a), which
would free Plaintiff from the statutory deadline in regard to a motion to compel further responses. I explained in our
meet and confer call that Plaintiff would be forced to file a motion to compel further responses based on the deficient
responses defendant had provided if Defendant continued to refuse to extend the deadline.
After that discussion, you did, indeed, continue Plaintiff's deadline by two days, so that Defendant's proposed response
deadline and Plaintiffs motion to compel deadline were no longer on the same day. But Defendant also delayed its
promised production by two days, producing them, in the end, on the same day as Plaintiff's motion deadline. By the
time Defendant provided its supplemental responses, Plaintiffs motion had already been filed.
Further, and importantly, Defendant's supplemental response to RFP no. 1 of set 2 states that Defendant will produce
non-privileged documents responsive to the request, in addition to the redacted single privileged document. Defendant
has produced only the one redacted document and nothing more. If nothing else, we now seek compliance with
Defendant's promise to produce the responsive non-privileged documents.
When will Defendant be producing the promised documents?
Regards,
Victoria
From: Horton, Nicholas J.
Sent: Thursday, June 28, 2018 2:55 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug : Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
When did I refuse to extend your deadline? I informed you on our call that since we had already agreed to supplement
and/or produce a privilege log, that an extension was not necessary because if you had to enforce our agreement you
would not be subject to the deadline that otherwise applies to motions to compel. Nonetheless, I granted you a two day
extension to allow us to time to finalize our response, which we did. You never asked for an additional extension. Your
motion is a needless waste of time. We can only conclude that you are pursuing this motion to cause our client to incur
needless attorne/s fees.-
Based on your response, we will begin work on our opposition to your motion. Please be advised that we will also seek
sanctions.
Best,
Nick
From: Victoria Rivapalacio Fmailto:victoria@bamlawca.coml
Sent: Thursday, June 28, 2018 1:31 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
; AJ B ; Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan .
Subject: RE: Spears v. Health Net - RFP set 2
Nick:
Confirmed.
As you declined to continue my motion to compel deadline and you further delayed the production ofthe supplemental
responses so that their provision was on the same day as plaintiffs deadline, filing the motion was absolutely necessary
to ensure Plaintiff did not lose her ability to pursue the discovery. Further, as Code of Civil Procedure section 1005.5
specifically provides that a motion is deemed made at the time of its filing, a motion cannot be made moot by responses
provided subsequent to that time.
Regards,
Victoria
From: Horton, Nicholas J.
Sent: Wednesday, June 27, 2018 11:35 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Please confirm whether you intend to proceed with your motion to compel.
Best,
Nick
From: Horton, Nicholas J.
Sent: Thursday, June 21, 2018 1:47 PM
To: 'Victoria Rivapalacio'
Cc: Long, Timothy J. : Heath, Patrida M.": 'Norm Blumenthal' _
: 'AJ B' : 'Kyle Nordrehaug' : 'Nicholas De Blouw'
; 'Shaun Setareh' ; 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Attached please find a copy ofthe Verification to Defendant's Amended Response to Plaintiff Spears's RFP, Set 2.
Also, we received your motion to compel via FedEx today. Please confirm whether you intend to proceed with that
unnecessary motion.
Best,
Nick
From: Horton, Nicholas J.
Sent: Wednesday, June 20, 2018 1:10 PM
To: 'Victoria Rivapalacio'
Cc: Long.^'Timothy J. ; Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug : Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Attached please find a courtesy copy Defendant's Amended Response to Plaintiff Spears's RFP, Set 2 which is being
served by mail this afternoon. Our amended responses reflect the production of a an email string that was located in
the Inbox of Ms. Hilda Gonzalez, in house counsel for Health Net, Inc, who was on leave but recently returned.
The Verification will follow shortly as Ms. Rodes is currently travelling internationally, but is expected to return this
week.
Best,
Nick
From: Victoria Rivapalacio [mailto:victoria(5)bamlawca.coml
Sent: Monday, June 18, 2018 4:52 PM "
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
; AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC
deadline is Wednesday.
Thank you,
Victoria
From: Victoria Rivapalacio
Sent: Friday, June 15, 2018 11:04 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug ; Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be
supplementing its responses? Providing a privilege log? Both?
From: Victoria Rivapalacio
Sent: Thursday, June 14, 2018 6:01 PM
To: 'Horton, Nicholas J.' - —-r,
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' ; Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
; 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan' setarehlaw.com>
Subject: RE: Spears v. Health Net - RFP set 2
Thank you, Nick.
From: Horton, Nicholas J.
Sent: Thursday, June 14, 2018 2:37 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Per our meet and confer call; this will confirm that Health Net agrees to extend your deadline to bring a motion to
compel as to Spears's RFP Set Two to June 20, 2018.
Best,
Nick
From: Victoria Rivapalacio lmailto:victoria(5)bamlawca.com1
Sent: Wednesday, June 13, 2018 3:51 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
: AJ B : Kyle Nordrehaug ; Nicholas De Blouw
": Shaun Setareh : H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived.
This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline
for a motion to compel is clearly gamesmanship.
If Defendant intends to comply on Monday, June 18, 2018, an extension of Plaintiffs deadline is the only rseponse that
makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but
to file a motion and seek sanctions for Defendant's failure to act in good faith.
Victoria
From: Horton, Nicholas J.
Sent: Wednesday, June 13, 2018 3:03 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. ; Heath, Patricia M: ; Norm Blumenthal
: AJ B : Kyle Nordrehaug ; Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to
supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018.
Regards,
Nick
From: Victoria Rivapalacio lmailto:victoria(5)bamlawca.coml
Sent: Wednesday, June 13, 2018 3:00 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Following up.
Victoria
From: Victoria Rivapalacio
S^nt: Tuesdayjune 12, 2018 3:16 PM -
To: 'Horton, Nicholas!.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant agree to continue the motion to compel deadline regarding RFP set 2?
Please provide a date certain when I can expect the privilege log and/or supplemental responses.
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Monday, June 04, 2018 11:18 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' :'-'Heath. Patricia M.' ; Norm Blumenthal
; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
; 'Shaun Setareh' ; 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thanks, Nick.
By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that
deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplemental
responses, where appropriate, by June 11, 2018?
-Victoria
From: Horton, Nicholas J.
Sent: Friday, June 01, 2018 10:47 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
: Shaun Setareh ; H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is
applicable.
From: Victoria Rivapalacio fmailto:victoria(S)bamlawca.com1
Sent: Thursday, May 31, 2018 5:20 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
; AJ B ; Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant provide a privilege log regarding its responses to RFP set 2?
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Wednesday, May 30, 2018 3:54 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Nick, " - •
I also write to follow up to this request. Will Defendant provide a privilege log and/or supplemental responses in regard
to RFP set 2?
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Friday, May 25, 2018 11:25 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal
: AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
: 'Shaun Setareh' ; 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thank you. I look forward to hearing from you next week.
Victoria
From: Horton, Nicholas J.
Sent: Thursday, May 24, 2018 3:47 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
: AJ B ; Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Hi Victoria, _ -
Health Net grants your request for an extension to June 18, 2018, to bring a motion to compel as to RFP Set 2 on the
issues set out below. I'll follow up with you next week after I have had an opportunity to look into the issue.
Regards,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com1
Sent: Wednesday, May 23, 2018 4:11 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: Spears v. Health Net - RFP set 2
Nick,
Defendant's responses to Plaintiffs RFP Set 2 state that no non-privileged documents exist, but hocorresponding
privilege log was produced. Will you please produce a privilege log and/or confirm that no documents.exist?
In the interim, will you continue Plaintiffs motion to compel deadline by three weeks to June 18, 2018 so we may
resolve this likely minor issue?
Thank you,
Victoria Rivapalacio
Attorney
Blumenthal Nordrehaug Bhowmik De Blouw LLP
2255 Calle Clara
LaJolla, CA 92126
Direct: 858-952-0352
Fax: 858-551-1232
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
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the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick. please visit tittp://Www.orricl(.com.
10
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error byjeturn e-mail and please delete this message from your system. Thank you in advance for your cooperation. • _.
For more information about Orrick. please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://wvw/.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received Ihis e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail Is strictly prohibited. Please notify us immediately of
fhe en-or by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more Infonmation about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy al
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in enor, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more informaiion about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT j This e-mail is meant for only Ihe intended recipient of Ihe transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
Ihe error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick. please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
htlps://vww.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT j This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
11
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick. please visit http://www.orrick.com.
In the course'of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the en"or by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more infomiation about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://viww.orrick.com/Privacv-Policv to learn about how we use this informaiion.
12
Horton, Nicholas J .
From: Horton, Nicholas J.
Sent: Tuesday, June 19, 2018 7:06 PM
To: 'Victoria Rivapalacio'
Cc: Long, Timothy J.; Heath, Patricia M.; Norm Blumenthal; AJ B; Kyle Nordrehaug; Nicholas
De Blouw; Shaun Setareh; H. Scott Leviant; Lilit Ter-Astvatsatryan
Subject: RE: Spears, v. Health_Net - RFP set 2 ...
Hi Victoria,
Apologies for the delay. We are waiting on the signed verification and expect to serve the amended response tomorrow
morning.
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Monday, June 18, 2018 4:52 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal
; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh ; H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick, • ^ , . • •.
Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC
deadline is Wednesday.
Thank you,
Victoria
From: Victoria Rivapalacio
Sent: Friday, June 15, 2018 11:04 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
; AJ B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be
supplementing its responses? Providing a privilege log? Both?
From: Victoria Rivapalacio
Sent: Thursday, June 14, 2018 6:01 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal
1
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
iSubject: RE: Spears V. Health Net - RFP set 2
Thank you, Nick.
From: Horton. Nicholas J.
Sent: Thursday, June 14,2018 2:37 PM , _ „ — -
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant setarehlaw.com>: Lilit
Ter-Astvatsatryan <|ilit@setarehlaw.com>
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Per our meet and confer call, this will confirm that Health Net agrees to extend your deadline to bring a motion to
compel as to Spears's RFP Set Two to June 20, 2018.
Best,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Wednesday, June 13, 2018 3:51 PM
To: Horton. Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
: Shaun Setareh ; H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived.
This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline
for a motion to compel is clearly gamesmanship.
If Defendant intends to comply on Monday, June 18,2018, an extension of Plaintiffs deadline is the only rseponse that
makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but
to file a motion and seek sanctions for Defendant's failure to act in good faith.
Victoria
From: Horton, Nicholas J.
Sent: Wednesday, June 13, 2018 3:03 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
2
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria, .
An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to
supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018.
Regards,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Wednesday, June 13, 2018 3:00 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears V. Health Net - RFP set 2
Nick,
Following up.
Victoria
From: Victoria Rivapalacio
Sent: Tuesday, June 12, 2018 3:16 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' ; Norm Blumenthal
; AJ B ; Kyle Nordrehaug : Nicholas De Blouw
; 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant agree to continue the motion to compel deadline regarding RFP set 2?
Please provide a date certain when I can expect the privilege log and/or supplemental responses.
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Monday, June 04, 2018 11:18 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal
: Ai B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thanks, Nick.
By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that
(deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplismental
responses, where appropriate, by June 11, 2018?
-Victoria
From: Horton, Nicholas J.
Sent: Friday, June 01, 2018 10:47 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is
applicable.
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Thursday, May 31, 2018 5:20 PM
To: Horton. Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh ; H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant provide a privilege log regarding its responses to RFP set 2?
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Wednesday, May 30, 2018 3:54 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
; 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
I also write to follow up to this request. Will Defendant provide a privilege log and/or supplemental responses in regard
to RFP set 2?
Thanks,
Victoria
From: Victoria Rivapalacio
i;ent:Friday,May-25,2018 11:25 AM " ... - - "
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thank you. I look forward to hearing from you next week.
Victoria
From: Horton, Nicholas J.
Sent: Thursday, May 24, 2018 3:47 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh ; H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Hi Victoria,
Health Net grants your request for an extension to June 18, 2018, to bring a motion to compel as to RFP Set 2 on the
issues set out below. I'll follow up with you next week after I have had an opportunity to look into the issue.
Regards,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Wednesday, May 23, 2018 4:11 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
; AJ B ; Kyle Nordrehaug : Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: Spears v. Health Net - RFP set 2
Nick,
Defendant's responses to Plaintiff's RFP Set 2 state that no non-privileged documents exist, but no corresponding
privilege log was produced. Will you please produce a privilege log and/or confirm that no documents exist?
In the interim, will you continue Plaintiffs motion to compel deadline by three weeks to June 18, 2018 so we may
resolve this likely minor issue?
Thank you,
Victoria Rivapalacio
Attomey
Blumenthal Nordrehaug Bhowmik De BIpuw LLP _
2255 Calle Clara ~' ~
LaJolla, CA 92126
Direct: 858-952-0352
Fax: 858-551-1232
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying ofthis e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more infonnation about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.comyPrivacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privilegecl by law. If you
received this e-mail in error,, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick, please visit littp://www.orrict<.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://wvw.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
httDs://wvvw.orrick.com/Privacv-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any reviev/, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
6
For more information about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
Horton, Nicholas J.
From: Horton, Nicholas J.
Sent: Wednesday, June 20, 2018 1:10 PM
To: 'Victoria Rivapalacio'
Cc: Long, Timothy J.; Heath, Patricia M.; Norm Blumenthal; AJ B; Kyle Nordrehaug; Nicholas
De Blouw; Shaun Setareh; H. Scott Leviant; Lilit Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set_2 . _ - -
Attachments: Def.'s Am. Resp. to RFP, Set 2.pdf
Victoria,
Attached please find a courtesy copy Defendant's Amended Response to Plaintiff Spears's RFP, Set 2 which is being
served by mail this afternoon. Our amended responses reflect the production of a an email string that was located in
the inbox of Ms. Hilda Gonzalez, in house counsel for Health Net, Inc, who was on leave but recently returned.
The Verification will follow shortly as Ms..Rodes is currently travelling internationally, but is expected to return this
week.
Best,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Monday, June 18, 2018 4:52 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M.-; Norm Blumenthal
; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh ; H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC
deadline is Wednesday.
Thank you,
Victoria
From: Victoria Rivapalacio
Sent: Friday, June 15, 2018 11:04 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be
supplementing its responses? Providing a privilege log? Both?
From: Victoria Rivapalacio
Sent: Thursday, June 14, 2018 6:01 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
; 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thank you, Nick.
From: Horton, Nicholas J.
Sent: Thursday, June 14, 2018 2:37 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Bluhnenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
Per our meet and confer call, this will confirm that Health Net agrees to extend your deadline to bring a motion to
compel as to Spears's RFP Set Two to June 20, 2018.
Best,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Wednesday, June 13, 2018 3:51 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived.
This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline
for a motion to compel is clearly gamesmanship.
If Defendant intends to comply on Monday, June 18, 2018, an extension of Plaintiff's deadline is the only rseponse that
makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but
to file a motion and seek sanctions for Defendant's failure to act in good faith.
Victoria
From: Horton, Nicholas J.
Sent: Wednesday, June 13, 2018 3:03 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: AJ B ^ AJ @ bam la wca .com >: Kyle NordceJaaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Victoria,
An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to
supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018.
Regards,
Nick
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Wednesday, June 13, 2018 3:00 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant : Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Following up.
Victoria
From: Victoria Rivapalacio
Sent: Tuesday, June 12, 2018 3:16 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug : Nicholas De Blouw
; 'Shaun Setareh' : 'H. Scott Leviant' ;
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant agree to continue the motion to compel deadline regarding RFP set 2?
Please provide a date certain when I can expect the privilege log and/or supplemental responses.
3
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Monday, June 04, 2018 11:18 AM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M." :. Norm Blumenthal
; AJ-B-gAJ@bamlawca;;^:9m>:- Kvie Nordrehaug : Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP set 2
Thanks, Nick.
By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that
deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplemental
responses, where appropriate, by June 11, 2018?
-Victoria
/A
From: Horton, Nicholas J.
Sent: Friday, June 01, 2018 10:47 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
; AJ B ; Kyle Nordrehaug : Nicholas De Blouw
; Shaun Setareh ; H. Scott Leviant ; Lilit
Ter-Astvatsatryan
-Subject: RE: Spears V. Health Net - RFP set 2
Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is
applicable.
From: Victoria Rivapalacio [mailto:victoria@bamlawca.com]
Sent: Thursday, May 31, 2018 5:20 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
; AJ B : Kyle Nordrehaug ; Nicholas De Blouw
; Shaun Setareh : H. Scott Leviant ; Lilit
Ter-Astvatsatryan
Subject: RE: Spears v. Health Net - RFP set 2
Nick,
Will Defendant provide a privilege log regarding its responses to RFP set 2?
Thanks,
Victoria
From: Victoria Rivapalacio
Sent: Wednesday, May 30, 2018 3:54 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal
: AJ B : Kyle Nordrehaug ; Nicholas De Blouw
: 'Shaun Setareh' : 'H. Scott Leviant' :
'Lilit Ter-Astvatsatryan'
Subject: RE: Spears v. Health Net - RFP
Preview
niED BY FAX 1 TIMOTHY J. LONG (STATE BAR NO. 137591) -2G10JliL-3 AH11=5.8' 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 Telephor.^:- +1 916 447 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- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 Plaintiff, DECLARATION OF NICHOLAS HORTON IN SUPPORT OF 13 DEFENDANT HEALTH NET OF CALIFORNIA, INC.'S OPPOSITION TO 14 HEALTH NET OF CALIFORNIA, INC., a MOTION TO COMPEL RESPONSES TO Califomia Corporation; and Does 1 through 50, REQUEST FOR PRODUCTION (SET 15 inclusive. TWO) 16 Defendants. Date: April 16,2018 Time: 9:00 a.m. • 17 Judge: Hon. Christopher E. Kmeger Dept.: 54 18 Complaint Filed: April 5, 2017 19 FAC Filed: June 29,2017 Consolidated Complaint Filed: Dec. 21, 2017 20 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August I, 2017 21 others similarly situated. 22 Plaintiff, 23 24 HEALTH NET OF CALIFORNIA, INC., a 25 Califomia corporation; and DOES 1-50, inclusive, 26 Defendant. 27. 28 DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO 4134-9746-4341.1 REQUEST FOR PRODUCTION (SET TWO) 1 I, Nicholeis J. Horton, declare: 2 1. I am an attorney duly admitted to practice before the courts of the State of 3 California and am an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of 4 record for Defendant Health Net of California, Inc. ("HNCA"). I make this declaration on 5 personal knowledge and, if sworn as a witness, could competently testify to the following facts 6 except where otherwise indicated. 7 2. Attached hereto as Exhibit A is a tme and correct copy of written meet and confer 8 correspondence with counsel for Plaintiff Spears, both before and after the motion was filed, 9 regarding Defendant's response s to Plaintiff Spears's Request for Production of Documents, Set 10 Two. 11 3. On June 14, 2018, during a meet and confer call with counsel for Plaintiff Spears 12 and counsel for Plaintiff Arana regarding the stipulation to produce anonymized payroll and 13 timekeeping data, I reiterated that Defendant would either serve an amended response or produce 14 a privilege log in response to Plaintiff Spears's meet and confer related to Defendant's responses 15 to Request for Production of Documents, Set Two. I reiterated that she should not work on or file 16 a motion because we had already agreed to comply with her request to amend the response or 17 produce a privilege log. I also informed her that Defendant would grant Plaintiff Spears a two 18 day extension to file any motion on this issue to allow Plaintiff time to finalize its response. 19 4. Following that call, I confirmed in writing that Plaintiff Spears'stimeto file a 20 motion on this issue was extended to June 20, 2018. A tme and correct copy of that 21 cortespondence is included in Exhibit A. 22 5. In her declaration in support of the motion to compel, counsel for Plaintiff Spears 23 omitted additional meet and confer correspondence from me dated June 19, 2018, in which I 24 informed her that our amended response was delayed because we were waiting on a signed 25 verification and that I expected to serve the response the following day, June 20, 2018. Plaintiff 26 Spears did not respond to this communication or otherwise request an additional extension of 27 time to file a motion. A tme and correct copy of my June 20, 2018 correspondence is attached 28 DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION (SET TWO) 4134-9746-4341.1 1 hereto as Exhibit B. 2 6. On June 20, 2018,1 had yet to receive a signed verification from our client because 3 the designated representative was reluming from international travel. In order to obviate the need 4 for an additional extension of time to file a motion to compel—which counsel for Plaintiff Spears 5 did not ask for—Defendant served the amended responses with the verification to follow and I 6 emailed an electronic courtesy copy to counsel for Plaintiff Spears. A tme and correct copy of 7 my June 20,2018 correspondence and the amended responses are attached hereto as Exhibit C. 8 7. On June 21,2018, Defendant served the verification and I emailed an electronic 9 courtesy copy to counsel for Plaintiff Spears. In that correspondence I also began my meet and 10 confer regarding the motion to compel, which our office had received via FedEx that moming. A 11 tme and correct copy of my June 21, 2018 correspondence, including the attached verification, is 12 attached hereto as Exhibit D. 13 I declare under penalty of perjury under the laws of the State of Califomia that the 14 foregoing is tme and correct. 15 Executed this day of June 2018 in\ Sacramento, California. 16 17 Ni6fi&las J. Horton 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION (SET TWO) 4134-9746-4341.I From: Victoria Rivapalacio [mallto:victoria(5)bamlawca.com) Sent: Friday, June 29, 2018 12:59 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal ; Al B ; Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh ; H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, 1 fail to see how your timeline affects the motion. You at first refused to extend my deadline passed June 18, 2018. When I explained the absurdity of the MTC deadline being on the same day as a promised production deadline, how plaintiff would be unable to avoid filing a motion, you agreed to continue it two days, to June 20, 2018. You did, indeed, tell me on June 19, 2018 that Defendant would be providing responses on June 20 (two days after the prior promise, which is evidence to my point that plaintiff would have had to file a motion had the deadline remained on June 18). I was at a hearing the morning of June 20, 2018 and, again, could not risk the possibility of Defendant's further delay and Plaintiff losing her ability to compel this discovery (not to mention the fact that you refused to inform us as to whether Defendant would be supplementing its responses or providing a privilege log so I did not know what to anticipate). The motion was filed on June 19, 2018 because, again, an emailed promise is insufficient to protect Plaintiff's rights. I reiterate that Defendant's supplemental responses provided after the filing and serving of a motion cannot moot a motion once it is made. This Court has stated as such: "The Court must reject the opposition's suggestion that this motion is rendered "moot" by the service ofthe "supplemental" responses. Code of Civil Procedure §1005.5 specifically provides that a motion is deemed made at the time it is ~ filed and served and in this case, the "supplemental" responses were not served until 1/29/2018, well afterthe present motion was filed was filed on 1/18/2018. Thus, this motion cannot be considered "moot" within the meaning of §1005.5." Steve Sansen v. Aerojet Rocketdyne, Inc.. case no. 2015-00175120, Order of Feb. 15, 2018. We will not seek sanctions, despite Defendant's attempts to prejudice Plaintiff by refusing to continue the motion to compel date, but we will continue to seek the documents that are responsive to these requests. As to those documents, Defendant's response to RFP No. 1 states: "Defendant will produce non-privileged documents responsive to this request in Defendant's possession, custody, or control. Defendant will also produce, in redacted form, the single privileged document in its possession, custody, or control." This is in contrast to Defendant's response to No. 2, which states: "After a diligent search and reasonable inquiry, Defendant is unaware of any non-privileged documents responsive to this request in Defendant's possession, custody, or control because no such documents have ever existed. Defendant will produce, in redacted form, the single privileged document in its possession, custody, or control." If Defendant meant that the only produced document was the only document responsive to each RFP, then Defendant's responses should both indicate that. Instead, Defendant states that there ore non-privileged documents responsive to RFP No. 1 and that they will be produced. Therefore, please provide a date certain for their production. Regards, Victoria From: Horton, Nicholas J. Sent: Thursday, June 28, 2018 4:58 PM To: Victoria Rivapalacio Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, First, you ignore that I told you on Tuesday June 19, 2018 that we were waiting on the signed verification. Second, you Ignore that in order to obviate the need for another extension—which you never sought—we served responses on June 20, 2018 with verification to follow because we were still waiting on the verification—which followed on June 21, 2018. You now have verified amended responses, which is the only thing your motion seeks. Which begs the question as to how you intend to ask the Court to compel compliance with the amended responses when your motion has not raised that issue. Further, and more importantly, there are no other documents to produce. We produced this email chain in redacted form as opposed to producing the initiating email and logging the forwarding email. Would you like us to amend our responses to make the term "non-privileged documents" singular? Best, Nick • - From: Victoria Rivapalacio fmailto:victoria@bamlawca.com1 Sent: Thursday, June 28, 2018 4:00 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal ; AJ B bamlawca.com>; Kyle Nordrehaug ; Nicholas De Blouw : Shaun Setareh : H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, As you know, an emailed promise to comply is insufficient to trigger Code of Civil Procedure section 2031.320(a), which would free Plaintiff from the statutory deadline in regard to a motion to compel further responses. I explained in our meet and confer call that Plaintiff would be forced to file a motion to compel further responses based on the deficient responses defendant had provided if Defendant continued to refuse to extend the deadline. After that discussion, you did, indeed, continue Plaintiff's deadline by two days, so that Defendant's proposed response deadline and Plaintiffs motion to compel deadline were no longer on the same day. But Defendant also delayed its promised production by two days, producing them, in the end, on the same day as Plaintiff's motion deadline. By the time Defendant provided its supplemental responses, Plaintiffs motion had already been filed. Further, and importantly, Defendant's supplemental response to RFP no. 1 of set 2 states that Defendant will produce non-privileged documents responsive to the request, in addition to the redacted single privileged document. Defendant has produced only the one redacted document and nothing more. If nothing else, we now seek compliance with Defendant's promise to produce the responsive non-privileged documents. When will Defendant be producing the promised documents? Regards, Victoria From: Horton, Nicholas J. Sent: Thursday, June 28, 2018 2:55 PM To: Victoria Rivapalacio Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug : Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, When did I refuse to extend your deadline? I informed you on our call that since we had already agreed to supplement and/or produce a privilege log, that an extension was not necessary because if you had to enforce our agreement you would not be subject to the deadline that otherwise applies to motions to compel. Nonetheless, I granted you a two day extension to allow us to time to finalize our response, which we did. You never asked for an additional extension. Your motion is a needless waste of time. We can only conclude that you are pursuing this motion to cause our client to incur needless attorne/s fees.- Based on your response, we will begin work on our opposition to your motion. Please be advised that we will also seek sanctions. Best, Nick From: Victoria Rivapalacio Fmailto:victoria@bamlawca.coml Sent: Thursday, June 28, 2018 1:31 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal ; AJ B ; Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan . Subject: RE: Spears v. Health Net - RFP set 2 Nick: Confirmed. As you declined to continue my motion to compel deadline and you further delayed the production ofthe supplemental responses so that their provision was on the same day as plaintiffs deadline, filing the motion was absolutely necessary to ensure Plaintiff did not lose her ability to pursue the discovery. Further, as Code of Civil Procedure section 1005.5 specifically provides that a motion is deemed made at the time of its filing, a motion cannot be made moot by responses provided subsequent to that time. Regards, Victoria From: Horton, Nicholas J. Sent: Wednesday, June 27, 2018 11:35 AM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Please confirm whether you intend to proceed with your motion to compel. Best, Nick From: Horton, Nicholas J. Sent: Thursday, June 21, 2018 1:47 PM To: 'Victoria Rivapalacio' Cc: Long, Timothy J. : Heath, Patrida M.": 'Norm Blumenthal' _ : 'AJ B' : 'Kyle Nordrehaug' : 'Nicholas De Blouw' ; 'Shaun Setareh' ; 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Attached please find a copy ofthe Verification to Defendant's Amended Response to Plaintiff Spears's RFP, Set 2. Also, we received your motion to compel via FedEx today. Please confirm whether you intend to proceed with that unnecessary motion. Best, Nick From: Horton, Nicholas J. Sent: Wednesday, June 20, 2018 1:10 PM To: 'Victoria Rivapalacio' Cc: Long.^'Timothy J. ; Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug : Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Attached please find a courtesy copy Defendant's Amended Response to Plaintiff Spears's RFP, Set 2 which is being served by mail this afternoon. Our amended responses reflect the production of a an email string that was located in the Inbox of Ms. Hilda Gonzalez, in house counsel for Health Net, Inc, who was on leave but recently returned. The Verification will follow shortly as Ms. Rodes is currently travelling internationally, but is expected to return this week. Best, Nick From: Victoria Rivapalacio [mailto:victoria(5)bamlawca.coml Sent: Monday, June 18, 2018 4:52 PM " To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal ; AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC deadline is Wednesday. Thank you, Victoria From: Victoria Rivapalacio Sent: Friday, June 15, 2018 11:04 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug ; Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be supplementing its responses? Providing a privilege log? Both? From: Victoria Rivapalacio Sent: Thursday, June 14, 2018 6:01 PM To: 'Horton, Nicholas J.' - —-r, Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' ; Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw ; 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' setarehlaw.com> Subject: RE: Spears v. Health Net - RFP set 2 Thank you, Nick. From: Horton, Nicholas J. Sent: Thursday, June 14, 2018 2:37 PM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Per our meet and confer call; this will confirm that Health Net agrees to extend your deadline to bring a motion to compel as to Spears's RFP Set Two to June 20, 2018. Best, Nick From: Victoria Rivapalacio lmailto:victoria(5)bamlawca.com1 Sent: Wednesday, June 13, 2018 3:51 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal : AJ B : Kyle Nordrehaug ; Nicholas De Blouw ": Shaun Setareh : H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived. This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline for a motion to compel is clearly gamesmanship. If Defendant intends to comply on Monday, June 18, 2018, an extension of Plaintiffs deadline is the only rseponse that makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but to file a motion and seek sanctions for Defendant's failure to act in good faith. Victoria From: Horton, Nicholas J. Sent: Wednesday, June 13, 2018 3:03 PM To: Victoria Rivapalacio Cc: Long, Timothy J. ; Heath, Patricia M: ; Norm Blumenthal : AJ B : Kyle Nordrehaug ; Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018. Regards, Nick From: Victoria Rivapalacio lmailto:victoria(5)bamlawca.coml Sent: Wednesday, June 13, 2018 3:00 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal ; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Following up. Victoria From: Victoria Rivapalacio S^nt: Tuesdayjune 12, 2018 3:16 PM - To: 'Horton, Nicholas!.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant agree to continue the motion to compel deadline regarding RFP set 2? Please provide a date certain when I can expect the privilege log and/or supplemental responses. Thanks, Victoria From: Victoria Rivapalacio Sent: Monday, June 04, 2018 11:18 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' :'-'Heath. Patricia M.' ; Norm Blumenthal ; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw ; 'Shaun Setareh' ; 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thanks, Nick. By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplemental responses, where appropriate, by June 11, 2018? -Victoria From: Horton, Nicholas J. Sent: Friday, June 01, 2018 10:47 AM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw : Shaun Setareh ; H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is applicable. From: Victoria Rivapalacio fmailto:victoria(S)bamlawca.com1 Sent: Thursday, May 31, 2018 5:20 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal ; AJ B ; Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant provide a privilege log regarding its responses to RFP set 2? Thanks, Victoria From: Victoria Rivapalacio Sent: Wednesday, May 30, 2018 3:54 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Nick, " - • I also write to follow up to this request. Will Defendant provide a privilege log and/or supplemental responses in regard to RFP set 2? Thanks, Victoria From: Victoria Rivapalacio Sent: Friday, May 25, 2018 11:25 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal : AJ B ; Kyle Nordrehaug ; Nicholas De Blouw : 'Shaun Setareh' ; 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thank you. I look forward to hearing from you next week. Victoria From: Horton, Nicholas J. Sent: Thursday, May 24, 2018 3:47 PM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal : AJ B ; Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Hi Victoria, _ - Health Net grants your request for an extension to June 18, 2018, to bring a motion to compel as to RFP Set 2 on the issues set out below. I'll follow up with you next week after I have had an opportunity to look into the issue. Regards, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com1 Sent: Wednesday, May 23, 2018 4:11 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: Spears v. Health Net - RFP set 2 Nick, Defendant's responses to Plaintiffs RFP Set 2 state that no non-privileged documents exist, but hocorresponding privilege log was produced. Will you please produce a privilege log and/or confirm that no documents.exist? In the interim, will you continue Plaintiffs motion to compel deadline by three weeks to June 18, 2018 so we may resolve this likely minor issue? Thank you, Victoria Rivapalacio Attorney Blumenthal Nordrehaug Bhowmik De Blouw LLP 2255 Calle Clara LaJolla, CA 92126 Direct: 858-952-0352 Fax: 858-551-1232 NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use. dissemination, distribution, or copying ofthis e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick. please visit tittp://Www.orricl(.com. 10 In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error byjeturn e-mail and please delete this message from your system. Thank you in advance for your cooperation. • _. For more information about Orrick. please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://wvw/.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received Ihis e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail Is strictly prohibited. Please notify us immediately of fhe en-or by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more Infonmation about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy al https://www.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in enor, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more informaiion about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT j This e-mail is meant for only Ihe intended recipient of Ihe transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of Ihe error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick. please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at htlps://vww.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT j This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of 11 the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick. please visit http://www.orrick.com. In the course'of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use. dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the en"or by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more infomiation about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://viww.orrick.com/Privacv-Policv to learn about how we use this informaiion. 12 Horton, Nicholas J . From: Horton, Nicholas J. Sent: Tuesday, June 19, 2018 7:06 PM To: 'Victoria Rivapalacio' Cc: Long, Timothy J.; Heath, Patricia M.; Norm Blumenthal; AJ B; Kyle Nordrehaug; Nicholas De Blouw; Shaun Setareh; H. Scott Leviant; Lilit Ter-Astvatsatryan Subject: RE: Spears, v. Health_Net - RFP set 2 ... Hi Victoria, Apologies for the delay. We are waiting on the signed verification and expect to serve the amended response tomorrow morning. Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Monday, June 18, 2018 4:52 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal ; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh ; H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, • ^ , . • •. Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC deadline is Wednesday. Thank you, Victoria From: Victoria Rivapalacio Sent: Friday, June 15, 2018 11:04 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal ; AJ B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be supplementing its responses? Providing a privilege log? Both? From: Victoria Rivapalacio Sent: Thursday, June 14, 2018 6:01 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal 1 : AJ B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' iSubject: RE: Spears V. Health Net - RFP set 2 Thank you, Nick. From: Horton. Nicholas J. Sent: Thursday, June 14,2018 2:37 PM , _ „ — - To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant setarehlaw.com>: Lilit Ter-Astvatsatryan <|ilit@setarehlaw.com> Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Per our meet and confer call, this will confirm that Health Net agrees to extend your deadline to bring a motion to compel as to Spears's RFP Set Two to June 20, 2018. Best, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Wednesday, June 13, 2018 3:51 PM To: Horton. Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug ; Nicholas De Blouw : Shaun Setareh ; H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived. This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline for a motion to compel is clearly gamesmanship. If Defendant intends to comply on Monday, June 18,2018, an extension of Plaintiffs deadline is the only rseponse that makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but to file a motion and seek sanctions for Defendant's failure to act in good faith. Victoria From: Horton, Nicholas J. Sent: Wednesday, June 13, 2018 3:03 PM To: Victoria Rivapalacio Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw 2 : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, . An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018. Regards, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Wednesday, June 13, 2018 3:00 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears V. Health Net - RFP set 2 Nick, Following up. Victoria From: Victoria Rivapalacio Sent: Tuesday, June 12, 2018 3:16 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' ; Norm Blumenthal ; AJ B ; Kyle Nordrehaug : Nicholas De Blouw ; 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant agree to continue the motion to compel deadline regarding RFP set 2? Please provide a date certain when I can expect the privilege log and/or supplemental responses. Thanks, Victoria From: Victoria Rivapalacio Sent: Monday, June 04, 2018 11:18 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' ; Norm Blumenthal : Ai B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thanks, Nick. By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that (deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplismental responses, where appropriate, by June 11, 2018? -Victoria From: Horton, Nicholas J. Sent: Friday, June 01, 2018 10:47 AM To: Victoria Rivapalacio Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is applicable. From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Thursday, May 31, 2018 5:20 PM To: Horton. Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh ; H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant provide a privilege log regarding its responses to RFP set 2? Thanks, Victoria From: Victoria Rivapalacio Sent: Wednesday, May 30, 2018 3:54 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw ; 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Nick, I also write to follow up to this request. Will Defendant provide a privilege log and/or supplemental responses in regard to RFP set 2? Thanks, Victoria From: Victoria Rivapalacio i;ent:Friday,May-25,2018 11:25 AM " ... - - " To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thank you. I look forward to hearing from you next week. Victoria From: Horton, Nicholas J. Sent: Thursday, May 24, 2018 3:47 PM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B ; Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh ; H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Hi Victoria, Health Net grants your request for an extension to June 18, 2018, to bring a motion to compel as to RFP Set 2 on the issues set out below. I'll follow up with you next week after I have had an opportunity to look into the issue. Regards, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Wednesday, May 23, 2018 4:11 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal ; AJ B ; Kyle Nordrehaug : Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: Spears v. Health Net - RFP set 2 Nick, Defendant's responses to Plaintiff's RFP Set 2 state that no non-privileged documents exist, but no corresponding privilege log was produced. Will you please produce a privilege log and/or confirm that no documents exist? In the interim, will you continue Plaintiffs motion to compel deadline by three weeks to June 18, 2018 so we may resolve this likely minor issue? Thank you, Victoria Rivapalacio Attomey Blumenthal Nordrehaug Bhowmik De BIpuw LLP _ 2255 Calle Clara ~' ~ LaJolla, CA 92126 Direct: 858-952-0352 Fax: 858-551-1232 NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying ofthis e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more infonnation about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.comyPrivacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privilegecl by law. If you received this e-mail in error,, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick, please visit littp://www.orrict<.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://wvw.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at httDs://wvvw.orrick.com/Privacv-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any reviev/, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. 6 For more information about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacv-Policv to learn about how we use this information. Horton, Nicholas J. From: Horton, Nicholas J. Sent: Wednesday, June 20, 2018 1:10 PM To: 'Victoria Rivapalacio' Cc: Long, Timothy J.; Heath, Patricia M.; Norm Blumenthal; AJ B; Kyle Nordrehaug; Nicholas De Blouw; Shaun Setareh; H. Scott Leviant; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set_2 . _ - - Attachments: Def.'s Am. Resp. to RFP, Set 2.pdf Victoria, Attached please find a courtesy copy Defendant's Amended Response to Plaintiff Spears's RFP, Set 2 which is being served by mail this afternoon. Our amended responses reflect the production of a an email string that was located in the inbox of Ms. Hilda Gonzalez, in house counsel for Health Net, Inc, who was on leave but recently returned. The Verification will follow shortly as Ms..Rodes is currently travelling internationally, but is expected to return this week. Best, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Monday, June 18, 2018 4:52 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M.-; Norm Blumenthal ; AJ B ; Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh ; H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Please send Defendant's supplemental responses and/or privilege log via email so I may review today as my MTC deadline is Wednesday. Thank you, Victoria From: Victoria Rivapalacio Sent: Friday, June 15, 2018 11:04 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' ; 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 In the interim, can you give me an indication as to what you anticipate providing on Monday? Will Defendant be supplementing its responses? Providing a privilege log? Both? From: Victoria Rivapalacio Sent: Thursday, June 14, 2018 6:01 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw ; 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thank you, Nick. From: Horton, Nicholas J. Sent: Thursday, June 14, 2018 2:37 PM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Bluhnenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, Per our meet and confer call, this will confirm that Health Net agrees to extend your deadline to bring a motion to compel as to Spears's RFP Set Two to June 20, 2018. Best, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Wednesday, June 13, 2018 3:51 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. : Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Defendant's promises of compliance in an email do not relieve the need to file a motion to ensure rights are not waived. This is the first I have received a date certain and the fact that the date Defendant proposes is the same as my deadline for a motion to compel is clearly gamesmanship. If Defendant intends to comply on Monday, June 18, 2018, an extension of Plaintiff's deadline is the only rseponse that makes sense. Without an extension past the date of Defendant's proposed compliance, we will have no other option but to file a motion and seek sanctions for Defendant's failure to act in good faith. Victoria From: Horton, Nicholas J. Sent: Wednesday, June 13, 2018 3:03 PM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : AJ B ^ AJ @ bam la wca .com >: Kyle NordceJaaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Victoria, An extension of time for a motion to compel regarding RFP, Set 2 does not make any sense. We have already agreed to supplement our response or produce a privilege log. And we will do that by Monday June 18, 2018. Regards, Nick From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Wednesday, June 13, 2018 3:00 PM To: Horton, Nicholas J. Cc: Long, Timothy J. ; Heath, Patricia M. ; Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant : Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Following up. Victoria From: Victoria Rivapalacio Sent: Tuesday, June 12, 2018 3:16 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug : Nicholas De Blouw ; 'Shaun Setareh' : 'H. Scott Leviant' ; 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant agree to continue the motion to compel deadline regarding RFP set 2? Please provide a date certain when I can expect the privilege log and/or supplemental responses. 3 Thanks, Victoria From: Victoria Rivapalacio Sent: Monday, June 04, 2018 11:18 AM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M." :. Norm Blumenthal ; AJ-B-gAJ@bamlawca;;^:9m>:- Kvie Nordrehaug : Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP set 2 Thanks, Nick. By when will Defendant provide these? My motion to compel deadline is currently June 18, 2018. Can we continue that deadline another 2 weeks to July 2, 2018 and agree that Defendant will provide a privilege log and/or supplemental responses, where appropriate, by June 11, 2018? -Victoria /A From: Horton, Nicholas J. Sent: Friday, June 01, 2018 10:47 AM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal ; AJ B ; Kyle Nordrehaug : Nicholas De Blouw ; Shaun Setareh ; H. Scott Leviant ; Lilit Ter-Astvatsatryan -Subject: RE: Spears V. Health Net - RFP set 2 Victoria - We will either provide a privilege log or make clear that no responsive documents exist, whichever is applicable. From: Victoria Rivapalacio [mailto:victoria@bamlawca.com] Sent: Thursday, May 31, 2018 5:20 PM To: Horton, Nicholas J. Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal ; AJ B : Kyle Nordrehaug ; Nicholas De Blouw ; Shaun Setareh : H. Scott Leviant ; Lilit Ter-Astvatsatryan Subject: RE: Spears v. Health Net - RFP set 2 Nick, Will Defendant provide a privilege log regarding its responses to RFP set 2? Thanks, Victoria From: Victoria Rivapalacio Sent: Wednesday, May 30, 2018 3:54 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' : 'Heath, Patricia M.' : Norm Blumenthal : AJ B : Kyle Nordrehaug ; Nicholas De Blouw : 'Shaun Setareh' : 'H. Scott Leviant' : 'Lilit Ter-Astvatsatryan' Subject: RE: Spears v. Health Net - RFP