Preview
DEPARTIVIENT.
1
NORMAN B. BLUMENTHAL (SBN 068687)
2 norm@bamlawca.com FILED^
APARAJIT BHOWMIK (SBN 248066) ^jnnnoCD—r
3 aj@bamlawca.com
VICTORIA B. RIVAPALACIO (SBN 275115)
4 victoria@bamlawca.com SEP 2 5 2020
BLUMENTHAL NORDREHAUG ,
5 BHOWMIK DE BLOUW LLP
2255 Calle Clara
6 La Jolla, CA 92037 By:
Tel: 858.551.1223
7 Fax: 858.551.1232
8 Attomeys for Plaintiff
ANDREA SPEARS
9
(Additional counsel on next page)
10
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
FOR THE COUNTY OF SACRAMENTO
13
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
14 of herself and on behalf of all persons CU-OE-GDS
similarly situated,
15 STIPULATION AND [PROPOSED]
Plaintiff, ORDER TO SET CASE MANAGEMENT
16 V. CONFERENCE AND MOTION TO
STRIKE HEARING DATES
17 HEALTH NET OF CALIFORNIA, INC., a
Califomia Corporation; and Does 1 through
18 50, inclusive,
Courtroom: Dept. 41
19 Judge: Hon. David De Alba
Defendants
20 Original Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
21 Consolidated Complaint Filed: Dec. 21,2017
TOMAS R. ARANA, on behalf of himself, all
22 others similarly situated,
23 Plaintiff,
24 V.
25 HEALTH NET OF CALIFORNLA, INC., a
Califomia corporation; and DOES 1-50,
26 inclusive.
Defendant.
STIPULATION AND [PROPOSED] ORDER TO SET CMC AND MOTION TO STRIKE HEARING DATES
/
1 RECITALS & STIPULATION
2 1. On September 27, 2019, the Honorable Alan Perkins, Department 35 of the above-
3 entitled Court, ordered a briefing schedule for the trial plan of Plaintiff Andrea Spears ("Ms. Spears")
4 and Plaintiff Tomas R. Arana ("Mr. Arana") (Ms. Spears and Mr. Arana, collectively, "Plaintiffs")
5 which scheduled, in relevant part, Plaintiffs' reply in support of their Trial Presentation and
6 Management Plan ("Trial Plan") to be filed on March 20, 2020.
7 2. On December 18, 2019, Judge Perkins set a Case Management Conference ("CMC")
8 to discuss Plaintiffs' Trial Plan for April 3, 2020 at 1:30 p.m.
9 3. On January 9, 2020, this case was reassigned to the Honorable David De Alba,
10 Department 41 of the above-entitled Cpurt, effective January 27, 2020.
11 4. On March 6,2020, Defendant Health Net of Califomia, Inc. ("HNCA") (Plaintiffs and
12 HNCA, collectively, the "Parties") filed separate motions to strike each of the Plaintiffs'
13 representative PAGA claims (the "Motions") with a hearing on both reserved for April 3, 2020, at
14 1:30 p.m., the same time as the CMC. That same day, HNCA timely filed its objections to Plaintiffs'
15 Trial Plan.
16 5. On March 19, 2020, pursuant to the Parties' stipulation, the Court continued the CMC
17 and hearing date regarding Defendant's Motions to May 8, 2020, and continued the corresponding
18 outstanding filing deadlines.
19 6. Plaintiffs timely filed their reply in support of their Trial Plan and oppositions to
20 Defendant's Motions.
21 7. On April 24,2020, the Court ordered all hearings continued until further notice due to
22 the COVID-19 pandemic.
23 8. The Parties hereby stipulate to the setting of the continued CMC and the hearings as
24 to Defendant's Motions to October 16, 2020, or a date thereafter convenient to the Court.
25 IT IS SO STIPULATED.
26 ///
27 ///
28 ///
STIPULATION AND [PROPOSED] ORDER TO THIAL SETTING CONFERENCE
1
2 DATED: September 21, 2020 SETAREH LAW GROUP
3
4 By: for
SHAUN SETAREH
5 WILLLAM M. PAO
JOSE MARIA D. PATINO, JR.
6 Attomeys for Plaintiff
TOMAS R. ARANA
7
8 DATED: September 21, 2020 BLUMENTHAL NORDREHAUG BHOWMIK DE
BLOUW LLP
9
10
11 VICTORLA B. RIVAPALACIO
Attomeys for Plaintiff
12 ANDREA SPEARS
13
14 DATED: September 21, 2020 GREENBERG TRAURIG, LLP
15
16 By:.
TIMOTHY J. LONG
17 ROWENA SANTOS
SAMUEL S. HYDE
18 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO TRIAL SETTING CONFERENCE
1 SHAUN SETAREH (SBN 204514) ,
shaun@setarehlaw.com
2 WILLIAM M. PAO (SBN 219846)
william@setarehlaw.com
3 JOSE MARIA D. PATINO, JR. (SBN 270194)
jose@setarehlaw.com
4 SETAREH LAW GROUP
315 South Beverly Drive, Suite 315 ,
5 Beverly Hills, Califomia 90212
Telephone: (310) 888-7771
6
Attomeys for Plaintiff
7 TOMAS R. ARANA
8
Timothy J. Long (SBN 137591)
9 I6ngt@gtlaw.com
Samuel S. Hyde (SBN 327065)
10 hydes@gtlaw.com
11 GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
12 Sacramento, Califomia 95814
Telephone: 916.442.1111
13 Facsimile: 916.448.1709
14
15 Attomeys for Defendant
16 HEALTH NET OF CALIFORNIA, INC.
17
18
19
20
21
22
23
24
25
26
27
28
1
STIPULATION AND [PROPOSED] ORDER TO TTUAL SETTING CONFERENCE
1
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and orders as
3 follows:
4 1. The hearing on Defendant Health Net of Califomia, Inc's ("HNCA") Motions to
5 Strike Plainti^peays^ and Plaintiff Arana's Representative PAGA Claims is continued to October
6 16, 2020 at h30 p.lli., with HNCA's replies tobe filed by October 2, 2020.
7 2. The Case Management Conference to d^us^^^ayitiffs' Trial Presentation and
8 Management Plan is continued to October 16, 2020 at-l:30p.m.
9
10 IT IS SO ORDEREI
11
12 Dated:
13 Ige of the Superior Coiirt
14
15
16
17
18
19
20 ^ ^ ^ ^ ^ ^
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO TRIAL SETTING CONFERENCE
Preview
DEPARTIVIENT. 1 NORMAN B. BLUMENTHAL (SBN 068687) 2 norm@bamlawca.com FILED^ APARAJIT BHOWMIK (SBN 248066) ^jnnnoCD—r 3 aj@bamlawca.com VICTORIA B. RIVAPALACIO (SBN 275115) 4 victoria@bamlawca.com SEP 2 5 2020 BLUMENTHAL NORDREHAUG , 5 BHOWMIK DE BLOUW LLP 2255 Calle Clara 6 La Jolla, CA 92037 By: Tel: 858.551.1223 7 Fax: 858.551.1232 8 Attomeys for Plaintiff ANDREA SPEARS 9 (Additional counsel on next page) 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 14 of herself and on behalf of all persons CU-OE-GDS similarly situated, 15 STIPULATION AND [PROPOSED] Plaintiff, ORDER TO SET CASE MANAGEMENT 16 V. CONFERENCE AND MOTION TO STRIKE HEARING DATES 17 HEALTH NET OF CALIFORNIA, INC., a Califomia Corporation; and Does 1 through 18 50, inclusive, Courtroom: Dept. 41 19 Judge: Hon. David De Alba Defendants 20 Original Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 21 Consolidated Complaint Filed: Dec. 21,2017 TOMAS R. ARANA, on behalf of himself, all 22 others similarly situated, 23 Plaintiff, 24 V. 25 HEALTH NET OF CALIFORNLA, INC., a Califomia corporation; and DOES 1-50, 26 inclusive. Defendant. STIPULATION AND [PROPOSED] ORDER TO SET CMC AND MOTION TO STRIKE HEARING DATES / 1 RECITALS & STIPULATION 2 1. On September 27, 2019, the Honorable Alan Perkins, Department 35 of the above- 3 entitled Court, ordered a briefing schedule for the trial plan of Plaintiff Andrea Spears ("Ms. Spears") 4 and Plaintiff Tomas R. Arana ("Mr. Arana") (Ms. Spears and Mr. Arana, collectively, "Plaintiffs") 5 which scheduled, in relevant part, Plaintiffs' reply in support of their Trial Presentation and 6 Management Plan ("Trial Plan") to be filed on March 20, 2020. 7 2. On December 18, 2019, Judge Perkins set a Case Management Conference ("CMC") 8 to discuss Plaintiffs' Trial Plan for April 3, 2020 at 1:30 p.m. 9 3. On January 9, 2020, this case was reassigned to the Honorable David De Alba, 10 Department 41 of the above-entitled Cpurt, effective January 27, 2020. 11 4. On March 6,2020, Defendant Health Net of Califomia, Inc. ("HNCA") (Plaintiffs and 12 HNCA, collectively, the "Parties") filed separate motions to strike each of the Plaintiffs' 13 representative PAGA claims (the "Motions") with a hearing on both reserved for April 3, 2020, at 14 1:30 p.m., the same time as the CMC. That same day, HNCA timely filed its objections to Plaintiffs' 15 Trial Plan. 16 5. On March 19, 2020, pursuant to the Parties' stipulation, the Court continued the CMC 17 and hearing date regarding Defendant's Motions to May 8, 2020, and continued the corresponding 18 outstanding filing deadlines. 19 6. Plaintiffs timely filed their reply in support of their Trial Plan and oppositions to 20 Defendant's Motions. 21 7. On April 24,2020, the Court ordered all hearings continued until further notice due to 22 the COVID-19 pandemic. 23 8. The Parties hereby stipulate to the setting of the continued CMC and the hearings as 24 to Defendant's Motions to October 16, 2020, or a date thereafter convenient to the Court. 25 IT IS SO STIPULATED. 26 /// 27 /// 28 /// STIPULATION AND [PROPOSED] ORDER TO THIAL SETTING CONFERENCE 1 2 DATED: September 21, 2020 SETAREH LAW GROUP 3 4 By: for SHAUN SETAREH 5 WILLLAM M. PAO JOSE MARIA D. PATINO, JR. 6 Attomeys for Plaintiff TOMAS R. ARANA 7 8 DATED: September 21, 2020 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 9 10 11 VICTORLA B. RIVAPALACIO Attomeys for Plaintiff 12 ANDREA SPEARS 13 14 DATED: September 21, 2020 GREENBERG TRAURIG, LLP 15 16 By:. TIMOTHY J. LONG 17 ROWENA SANTOS SAMUEL S. HYDE 18 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO TRIAL SETTING CONFERENCE 1 SHAUN SETAREH (SBN 204514) , shaun@setarehlaw.com 2 WILLIAM M. PAO (SBN 219846) william@setarehlaw.com 3 JOSE MARIA D. PATINO, JR. (SBN 270194) jose@setarehlaw.com 4 SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 , 5 Beverly Hills, Califomia 90212 Telephone: (310) 888-7771 6 Attomeys for Plaintiff 7 TOMAS R. ARANA 8 Timothy J. Long (SBN 137591) 9 I6ngt@gtlaw.com Samuel S. Hyde (SBN 327065) 10 hydes@gtlaw.com 11 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 12 Sacramento, Califomia 95814 Telephone: 916.442.1111 13 Facsimile: 916.448.1709 14 15 Attomeys for Defendant 16 HEALTH NET OF CALIFORNIA, INC. 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER TO TTUAL SETTING CONFERENCE 1 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and orders as 3 follows: 4 1. The hearing on Defendant Health Net of Califomia, Inc's ("HNCA") Motions to 5 Strike Plainti^peays^ and Plaintiff Arana's Representative PAGA Claims is continued to October 6 16, 2020 at h30 p.lli., with HNCA's replies tobe filed by October 2, 2020. 7 2. The Case Management Conference to d^us^^^ayitiffs' Trial Presentation and 8 Management Plan is continued to October 16, 2020 at-l:30p.m. 9 10 IT IS SO ORDEREI 11 12 Dated: 13 Ige of the Superior Coiirt 14 15 16 17 18 19 20 ^ ^ ^ ^ ^ ^ 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO TRIAL SETTING CONFERENCE