Preview
BLUM ENT HAL NORDREHAUG BHOWMIK DE
BLOUW LLP
2 NORMA B. BLUM E THAL (SBN 068687)
3
APARAJIT BHOWMIK (SBN 248066)
PIYA MUKHERJEE (SBN 274217)
-
VICTORIA B. RIVAPALACIO (SBN 275 11 5) I Fl!_Et /ENDORSED ,
4 2255 Call e Clara
La Jolla, CA 92037
5 Tel : 858 .551.1223 DEC 11 2019
Fax : 858 .5 51.1232 I
6 norm @ bam la wca.com
By: _---;\TD:"::;--_j
----cM___ftb?)Jc aba
DeLJ.·.c ~
7 Attorneys for Plaintiffs -
8
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
11
ANDREA SPEARS, an individual , on behalf Consolidated Case o. 34-2017-00210560-
I2 of herself and on behalf of all perso ns similarly CU-OE-GDS
situated,
13 Plaintiff, PLAINTIFFS' CASE MANAGEMENT
CONFERENCE STATEMENT
I4 V.
Date : December 18, 2019
15 HEALTH NET OF CALIFORNIA, INC ., a Time: 2:00 p.m.
California Corporation; and Does I through 50, Dept. :35
16 inclusive,
17 Defendants.
18 Original Complaint Filed: April 5, 20I 7
TOMAS R. ARANA, on behalf of himself, all
FAC Filed: June 29, 2017
19 others similarly situated,
Consolidated Complaint Filed: Dec. 21, 2017
20 Plaintiff,
21 v.
22 HEAL TH ET OF CALI FOR IA, INC., a
California corporation; and DOES 1-50,
23 inclusive,
24 Defendant.
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PLA INTI FFS ' CASE MA NAGEMENT STATEMENT
Filed by Fax
Plaintiffs respectfully submit the fo llowing Case Management Statement in advance of the
2 Te lephonic Case Management Conference scheduled for December 18, 2019.
3 Plaintiffs are on track to file and serve the Trial Presentation and Management Plan on
4 January 24, 2020 .
5 On or around December 11 , 2019, Plaintiffs fil ed a Notice of Withdrawal of Motion for
6 Order Approving Class Notice, set for hearing on December 18, 2019 at 2:00 p.m. The hearing is
7 no longer necessary because the Parties fi led a stipu lation and [proposed] order for approval of
8 class notice. The agreed- upon class notice is also attached hereto as Exhibit 1 for the Court' s
9 reference.
I0 Following the mailing of the class notice and the expiration of the opt out period, consistent
11 with the stipulation for approval of class notice, Plaintiffs wi ll require the production of the list of
12 C lass Members which suffic iently identifies the Class Members by name and emp loyee ID numbers
13 which Plaintiffs can use to cross-reference with payroll and time records previously produced in
14 this matter in order to prepare the expert report and prepare fo r trial.
15
Dated : December 11 , 2019 BLUMENTHAL NORDR EHAUG BHOWMIK
16 DE BLOUW LLP
17
18 By: ---~""'--'-=__,-"----'-~~~~·d-"'&."'"--
A PARAJ!T BHOWMIKO
19 PIYA MUKHERJEE
Attorneys for Plaintiffs
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PLAI TI FFS ' CASE MANAGE MENT STATEMENT
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EXHIBIT 1
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- I -
PLA INTI FFS ' CASE M ANAGEMENT STATEM ENT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
A OREA SPEARS, an individual , on behalf of CONSOLI DA TED CASE NO.
herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS
similarly situated,
Plaintiff,
OTICE OF PENDENCY OF CLASS
VS .
ACTION
HEAL TH N ET OF CALIFORN IA , INC. , a California
Corporation ; and DOES 1 to 50, inclusive,
Defendants.
TOMAS R. ARA A, on behalf of hi mself, all persons
similarly situated,
Plaintiff,
vs.
HEAL TH N ET OF CALIFORN IA , INC., a California
Corporation; and DOES 1-50, inclusive,
Defendants
TO : All individuals who are or previously were employed by Defendant Health et of California, Inc. (" Health Net" )
in California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments, SPOT
Awards, ACA Incentive payments and/or Wellness Incentive payments at any time between April 5, 2013 and
December 31, 2016 (the "Class" ); and all individuals who are or previously were employed by Health et in California
as non-exempt or hourly employees who manually entered their start ti me using Health Net's time keeping system
(the " Issue Class" ).
A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed
as a class action . A class actio n lawsuit is a lawsuit in which one or mo re persons sue on behalf of themselves and
others who have similar claims . This otice contains important information which may affect you. Please read it
carefully. YOU ARE NOT BEING SUE D.
THE LAWSUIT
Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Net of
California, Inc. and Tomas R. Arana v. !-lea/th Net of California, Inc. (Consolidated Case), Case No . 34-2017-
00210560-CU-OE-GDS (the "Lawsuit" ). In this lawsuit, plaintiffs allege that Health Net failed to provide overtime
wages pursuant to California Labor Code §§ 510 and 1198 to the Class because " MedFlxWave" payments,
" DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments were
improperly calculated and/or improperly excluded from the regular rate. As a derivative of thi s claim, plaintiffs also
a llege unfair competition, wage statement violations, and waiting time penalties . Plaintiffs seeks unpaid wages,
penalties, interest, and attorneys ' fees.
The Court also certified the fo llowing question for class treatment: whether Health et ' s time recording
system in effect from April 5, 2013 to October 8, 2019 prevented an accurate capture of the start time of the c lass
members. The answer to this question affects class individuals who manually entered their start time using Health
Net' s time-keeping systems.
Health Net denies that it engaged in any unl awful conduct, denies any liability and/or wrongdoing of any kind with
respect to these allegations, denies that it owes any additional wages, and denies that it injured or damaged any of
the class members in any way.
DEFINITION OF THE CLASS
On October 8, 2019, the Court certified the following Class:
• All individuals who are or previously were emp loyed by Defendant Health Net of California, Inc. in
California and classified as non-exempt and received "MedFlxWave" payments, " DentlxWave" payments,
SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during the period of April 05 ,
2013 and December 31 , 2016; and
• All individuals who are or previously were employed by Health Net in Cali fornia as non-exempt or hourly
employees who manually entered their start time usi ng Health Net's time keeping system.
The Court has not formed any opinions and/or made any decisions concerning the merits of the Lawsuit and has not
made any decisions about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express
any opinion of the Court.
REPRESE NTATION OF THE CLASS
Class Counsel identified below represents the class members without any charge. Any reimbursement of
costs or expenses or award of attorney fees to Class Counsel wi ll be made by the Court from any recovery for the
class me mbers or from Health Net directly . If you so choose, you may a lso hire your own coun sel, at yo ur own
expense, to represent you or advise yo u about yo ur legal rights .
YOUR OPTIONS REGARDI NG CLASS MEMBERSHIP
Class members may choose to remain in the class or to opt out of it. If yo u do not opt out of the class, you
will remai n a member of the c lass and wi ll be bound by the outcome of the lawsuit. Any claim s that yo u may have
against Health Net arising from the matters alleged in the class action will be decided in the class action, in which you
will be represented by Class Counsel. Yo u will share in any recovery obtained for the class, but you wi ll not be able
to sue for the same c laim s in another lawsuit even ifthe class does not wi n this case. IF YOU WA NT TO REMAI N
A MEMBER OF THE CLASS, YOU SHOULD NOT SEN D I N THE " REQ UEST FOR EXCLUSION FROM
CLASS." YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME.
IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION, YOU MUST COMPLETE
AND MAIL THE ATTACHED "REQUEST FOR EXCLUSION FROM CLASS" (POSTAGE PRE-PAD)
POSTCARD, POSTMARKED ON OR BEFORE ldatel, TO THE CLASS ADMINISTRATOR AT THE
FOLLOWI NG ADDRESS:
Health Net of Californ ia Employment Litigation Class Administration,
c/o [insert: name of administrator]
[insert: address]
[insert: telephone and facsimile numbers]
[insert: email address]
A "Request for Exclusion from Class (" Opt-Out")" postcard is encl osed with this notice. The request shou ld
be signed with yo ur name and address printed below your signature, and post-marked on or before , 2019,
which is forty-five (45) days from the date ofmai ling. /fyou do not make a timely request for exclusion in the manner
specified, you will be bound by any judgment or settlement in the case. If you request to be excluded from the class,
you will not share in any recovery (if any) that may be made in the class action. You will not be bound by any judgment
in the class action. You are free to file your own lawsuit against the defendants.
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FURTHER I NFORMATION
If you have any questions about this No tice, or this lawsuit, yo u may contact the Class Administrator, [insert: name] ,
or any of the attorneys listed below who are representing parties in this lawsuit.
Class Counsel: Health Net's Counsel:
Nicholas De Blouw Timothy J. Long, Esq.
BL UME THAL NORDREHAUG BHOWMIK DE BLO UW LLP Rowena Santos, Esq.
2255 Calle Clara GREENBE RG TRAURIG, LLP
La Jolla, CA 92037 120 I K. Street, Suite 1100
Tel.: (858) 551-1223 ext. I 004/ Fax: (858) 551-1232 Sacramento, CA 958 14
E-Mail: nick@ bamlawca.com Tel. : (916) 868-0677
E-mail: longt@gtlaw.com
Shaun Setareh santosro@gtlaw.com
SET AREH LAW GROUP
9454 Wilshire Blvd., Suite 907
Beverly Hills, CA 90212
Tel.: (3 10) 888-7771
E-Mail: shaun<@setarehlaw.com
You are not obligated to speak with Plai ntiff's attorneys, Defendants ' attorneys, or anyone e lse about the Lawsuit.
Whether or not you choose to speak to anyone about the Lawsuit is entirely your choice.
THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANY OPI NION
BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS
LITIGATION. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDI NG THIS
ACTION
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Postcard Front
Postcard Back
REQUEST FOR EXCLUSION FROM CLASS
If you do not want to be include in the plaintiff class in the case entitled, Spears v.
Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-2017-002 l 0560-CU-OE-GDS, filed in the
Sacramento County Superior Court, you must sign, date, and postmark this card by
[insert 45 days after mailing], 2019. If you do not return this card by [45 days from
date of mailing notice] , you will remain a member of the class and will be bound by
the outcome of the lawsuit.
This postcard includes pre-paid postage; you do not need a stamp.
I wish to and request to be excluded from the plaintiff class in the case entitled, Spears
v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS.
I declare under penalty of perjury under the laws of the State of California that the
information on this postcard is true and correct.
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Signature Date
Print Name
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
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I, Piya Mukherjee, am employed in the County of San Diego, State of California. I am over
4 the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La
Jolla, California 92037.
5
6 On December 11 , 2019, I served the document(s) described as:
7 1. PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT
8
9
_x_ (BY MAIL): I caused each such envelope, with postage thereon fully prepaid, to be
placed in the United States mail at San Diego, California. I am readily familiar with
10 this firm ' s business practice for collection and processing of correspondence for
mailing with the U.S . Postal Service pursuant to which practice the correspondence
11 will be deposited with the U.S. Postal Service this same day in the ordinary course of
business (C.C.P. Section 10 I 39a); 2015 .5):
12
13 Tim J. Long SETAREH LAW GROUP
GREENBERG TRAURIG, LLP Shaun Setareh
14
120 I K Street, Suite 1100 315 South Beverly Drive, Suite 315
15 Sacramento, CA 95814 Beverly Hills, CA 90212
16
(FEDERAL EXPRESS) : I caused the above-described document to be delivered via
17
overnight delivery (Federal Express), by placing a copy in a separate FEDERAL EXPRESS
18 mailer and attaching a completed Federal Express air bill , with Standard Overnight
delivery/Priority Delivery requested, and caused said mailer to deposited in the Federal
19 Express collection box at San Diego, California.
20 ___x_ (State): I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 Executed on December 11 , 2019, at La Jolla, California.
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25 Piya Mukherjee 0
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PROOF OF SERVICE
I Case No. 34-2017-002 10560-C U-OE-GDS
Preview
BLUM ENT HAL NORDREHAUG BHOWMIK DE BLOUW LLP 2 NORMA B. BLUM E THAL (SBN 068687) 3 APARAJIT BHOWMIK (SBN 248066) PIYA MUKHERJEE (SBN 274217) - VICTORIA B. RIVAPALACIO (SBN 275 11 5) I Fl!_Et /ENDORSED , 4 2255 Call e Clara La Jolla, CA 92037 5 Tel : 858 .551.1223 DEC 11 2019 Fax : 858 .5 51.1232 I 6 norm @ bam la wca.com By: _---;\TD:"::;--_j ----cM___ftb?)Jc aba DeLJ.·.c ~ 7 Attorneys for Plaintiffs - 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 ANDREA SPEARS, an individual , on behalf Consolidated Case o. 34-2017-00210560- I2 of herself and on behalf of all perso ns similarly CU-OE-GDS situated, 13 Plaintiff, PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT I4 V. Date : December 18, 2019 15 HEALTH NET OF CALIFORNIA, INC ., a Time: 2:00 p.m. California Corporation; and Does I through 50, Dept. :35 16 inclusive, 17 Defendants. 18 Original Complaint Filed: April 5, 20I 7 TOMAS R. ARANA, on behalf of himself, all FAC Filed: June 29, 2017 19 others similarly situated, Consolidated Complaint Filed: Dec. 21, 2017 20 Plaintiff, 21 v. 22 HEAL TH ET OF CALI FOR IA, INC., a California corporation; and DOES 1-50, 23 inclusive, 24 Defendant. 25 26 27 28 PLA INTI FFS ' CASE MA NAGEMENT STATEMENT Filed by Fax Plaintiffs respectfully submit the fo llowing Case Management Statement in advance of the 2 Te lephonic Case Management Conference scheduled for December 18, 2019. 3 Plaintiffs are on track to file and serve the Trial Presentation and Management Plan on 4 January 24, 2020 . 5 On or around December 11 , 2019, Plaintiffs fil ed a Notice of Withdrawal of Motion for 6 Order Approving Class Notice, set for hearing on December 18, 2019 at 2:00 p.m. The hearing is 7 no longer necessary because the Parties fi led a stipu lation and [proposed] order for approval of 8 class notice. The agreed- upon class notice is also attached hereto as Exhibit 1 for the Court' s 9 reference. I0 Following the mailing of the class notice and the expiration of the opt out period, consistent 11 with the stipulation for approval of class notice, Plaintiffs wi ll require the production of the list of 12 C lass Members which suffic iently identifies the Class Members by name and emp loyee ID numbers 13 which Plaintiffs can use to cross-reference with payroll and time records previously produced in 14 this matter in order to prepare the expert report and prepare fo r trial. 15 Dated : December 11 , 2019 BLUMENTHAL NORDR EHAUG BHOWMIK 16 DE BLOUW LLP 17 18 By: ---~""'--'-=__,-"----'-~~~~·d-"'&."'"-- A PARAJ!T BHOWMIKO 19 PIYA MUKHERJEE Attorneys for Plaintiffs 20 21 22 23 24 25 26 27 28 PLAI TI FFS ' CASE MANAGE MENT STATEMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT 1 24 25 26 27 28 - I - PLA INTI FFS ' CASE M ANAGEMENT STATEM ENT SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO A OREA SPEARS, an individual , on behalf of CONSOLI DA TED CASE NO. herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS similarly situated, Plaintiff, OTICE OF PENDENCY OF CLASS VS . ACTION HEAL TH N ET OF CALIFORN IA , INC. , a California Corporation ; and DOES 1 to 50, inclusive, Defendants. TOMAS R. ARA A, on behalf of hi mself, all persons similarly situated, Plaintiff, vs. HEAL TH N ET OF CALIFORN IA , INC., a California Corporation; and DOES 1-50, inclusive, Defendants TO : All individuals who are or previously were employed by Defendant Health et of California, Inc. (" Health Net" ) in California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments at any time between April 5, 2013 and December 31, 2016 (the "Class" ); and all individuals who are or previously were employed by Health et in California as non-exempt or hourly employees who manually entered their start ti me using Health Net's time keeping system (the " Issue Class" ). A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed as a class action . A class actio n lawsuit is a lawsuit in which one or mo re persons sue on behalf of themselves and others who have similar claims . This otice contains important information which may affect you. Please read it carefully. YOU ARE NOT BEING SUE D. THE LAWSUIT Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Net of California, Inc. and Tomas R. Arana v. !-lea/th Net of California, Inc. (Consolidated Case), Case No . 34-2017- 00210560-CU-OE-GDS (the "Lawsuit" ). In this lawsuit, plaintiffs allege that Health Net failed to provide overtime wages pursuant to California Labor Code §§ 510 and 1198 to the Class because " MedFlxWave" payments, " DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments were improperly calculated and/or improperly excluded from the regular rate. As a derivative of thi s claim, plaintiffs also a llege unfair competition, wage statement violations, and waiting time penalties . Plaintiffs seeks unpaid wages, penalties, interest, and attorneys ' fees. The Court also certified the fo llowing question for class treatment: whether Health et ' s time recording system in effect from April 5, 2013 to October 8, 2019 prevented an accurate capture of the start time of the c lass members. The answer to this question affects class individuals who manually entered their start time using Health Net' s time-keeping systems. Health Net denies that it engaged in any unl awful conduct, denies any liability and/or wrongdoing of any kind with respect to these allegations, denies that it owes any additional wages, and denies that it injured or damaged any of the class members in any way. DEFINITION OF THE CLASS On October 8, 2019, the Court certified the following Class: • All individuals who are or previously were emp loyed by Defendant Health Net of California, Inc. in California and classified as non-exempt and received "MedFlxWave" payments, " DentlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during the period of April 05 , 2013 and December 31 , 2016; and • All individuals who are or previously were employed by Health Net in Cali fornia as non-exempt or hourly employees who manually entered their start time usi ng Health Net's time keeping system. The Court has not formed any opinions and/or made any decisions concerning the merits of the Lawsuit and has not made any decisions about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion of the Court. REPRESE NTATION OF THE CLASS Class Counsel identified below represents the class members without any charge. Any reimbursement of costs or expenses or award of attorney fees to Class Counsel wi ll be made by the Court from any recovery for the class me mbers or from Health Net directly . If you so choose, you may a lso hire your own coun sel, at yo ur own expense, to represent you or advise yo u about yo ur legal rights . YOUR OPTIONS REGARDI NG CLASS MEMBERSHIP Class members may choose to remain in the class or to opt out of it. If yo u do not opt out of the class, you will remai n a member of the c lass and wi ll be bound by the outcome of the lawsuit. Any claim s that yo u may have against Health Net arising from the matters alleged in the class action will be decided in the class action, in which you will be represented by Class Counsel. Yo u will share in any recovery obtained for the class, but you wi ll not be able to sue for the same c laim s in another lawsuit even ifthe class does not wi n this case. IF YOU WA NT TO REMAI N A MEMBER OF THE CLASS, YOU SHOULD NOT SEN D I N THE " REQ UEST FOR EXCLUSION FROM CLASS." YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME. IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION, YOU MUST COMPLETE AND MAIL THE ATTACHED "REQUEST FOR EXCLUSION FROM CLASS" (POSTAGE PRE-PAD) POSTCARD, POSTMARKED ON OR BEFORE ldatel, TO THE CLASS ADMINISTRATOR AT THE FOLLOWI NG ADDRESS: Health Net of Californ ia Employment Litigation Class Administration, c/o [insert: name of administrator] [insert: address] [insert: telephone and facsimile numbers] [insert: email address] A "Request for Exclusion from Class (" Opt-Out")" postcard is encl osed with this notice. The request shou ld be signed with yo ur name and address printed below your signature, and post-marked on or before , 2019, which is forty-five (45) days from the date ofmai ling. /fyou do not make a timely request for exclusion in the manner specified, you will be bound by any judgment or settlement in the case. If you request to be excluded from the class, you will not share in any recovery (if any) that may be made in the class action. You will not be bound by any judgment in the class action. You are free to file your own lawsuit against the defendants. 2 FURTHER I NFORMATION If you have any questions about this No tice, or this lawsuit, yo u may contact the Class Administrator, [insert: name] , or any of the attorneys listed below who are representing parties in this lawsuit. Class Counsel: Health Net's Counsel: Nicholas De Blouw Timothy J. Long, Esq. BL UME THAL NORDREHAUG BHOWMIK DE BLO UW LLP Rowena Santos, Esq. 2255 Calle Clara GREENBE RG TRAURIG, LLP La Jolla, CA 92037 120 I K. Street, Suite 1100 Tel.: (858) 551-1223 ext. I 004/ Fax: (858) 551-1232 Sacramento, CA 958 14 E-Mail: nick@ bamlawca.com Tel. : (916) 868-0677 E-mail: longt@gtlaw.com Shaun Setareh santosro@gtlaw.com SET AREH LAW GROUP 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 Tel.: (3 10) 888-7771 E-Mail: shaun<@setarehlaw.com You are not obligated to speak with Plai ntiff's attorneys, Defendants ' attorneys, or anyone e lse about the Lawsuit. Whether or not you choose to speak to anyone about the Lawsuit is entirely your choice. THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANY OPI NION BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS LITIGATION. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDI NG THIS ACTION 3 Postcard Front Postcard Back REQUEST FOR EXCLUSION FROM CLASS If you do not want to be include in the plaintiff class in the case entitled, Spears v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-002 l 0560-CU-OE-GDS, filed in the Sacramento County Superior Court, you must sign, date, and postmark this card by [insert 45 days after mailing], 2019. If you do not return this card by [45 days from date of mailing notice] , you will remain a member of the class and will be bound by the outcome of the lawsuit. This postcard includes pre-paid postage; you do not need a stamp. I wish to and request to be excluded from the plaintiff class in the case entitled, Spears v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS. I declare under penalty of perjury under the laws of the State of California that the information on this postcard is true and correct. 4 Signature Date Print Name 5 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO 3 I, Piya Mukherjee, am employed in the County of San Diego, State of California. I am over 4 the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, California 92037. 5 6 On December 11 , 2019, I served the document(s) described as: 7 1. PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT 8 9 _x_ (BY MAIL): I caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at San Diego, California. I am readily familiar with 10 this firm ' s business practice for collection and processing of correspondence for mailing with the U.S . Postal Service pursuant to which practice the correspondence 11 will be deposited with the U.S. Postal Service this same day in the ordinary course of business (C.C.P. Section 10 I 39a); 2015 .5): 12 13 Tim J. Long SETAREH LAW GROUP GREENBERG TRAURIG, LLP Shaun Setareh 14 120 I K Street, Suite 1100 315 South Beverly Drive, Suite 315 15 Sacramento, CA 95814 Beverly Hills, CA 90212 16 (FEDERAL EXPRESS) : I caused the above-described document to be delivered via 17 overnight delivery (Federal Express), by placing a copy in a separate FEDERAL EXPRESS 18 mailer and attaching a completed Federal Express air bill , with Standard Overnight delivery/Priority Delivery requested, and caused said mailer to deposited in the Federal 19 Express collection box at San Diego, California. 20 ___x_ (State): I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. 22 Executed on December 11 , 2019, at La Jolla, California. 23 24 25 Piya Mukherjee 0 26 27 28 PROOF OF SERVICE I Case No. 34-2017-002 10560-C U-OE-GDS