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1 TIMOTHY J. LONG (STATE BAR NO. 137591) ,
tjlong(^orrick.com
.2 NICHOLAS J. HORTON (STATE BARNO. 289417)
nhorton@orrick.com ^
. 3' ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000 FILED/ENDORSED
4 Sacramento, CA 95814-4497
Telephone: -1-1 916 447 8299
5 Facsimile: +1 916 329 4900 AUG 3 0 2019
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC. By 0. Lashrey, Deputy Clerk
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 ANDREA SPEARS, an individual, on behalf Consolidated Case No, 34-2017-00210560-
of herself and on behalf of all persons ^ CU-OE-GDS
11 similarly situated.
Plaintiff,
JEROPOSEDL ORDER GRANTING
12
V.
"•^"APPLICATION TO SEAL EXHIBITS
FILED IN SUPPORT O F MOTIONS
13
W H Y PLAINTIFFS' CASES SHOULD
HEALTH NET OF CALIFORNIA, INC, a NOT P R O C E E D AS PAGA
14 Califomia Corporation; and Does 1 through REPRESENTATIVE ACTIONS
50, inclusive,
15 Date: Aprill 1,2019
Defendants. Time: 10:00 a,m,
16 Dept: . 35
Judge: Hon, Alan G, Perkins
17
Complaint Filed: April 5,2017
18 FAC Filed: June 29, 2017
19
TOMAS R, ARANA, on behalf of himself, all
others similarly situated. Complaint Filed: August 1,2017
20 Consolidated Complaint Filed: Dec. 21,2017
21 Plaintiff,
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23 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
24 inclusive.
25 Defendant.
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27.
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[PROPOSED] ORDER GRANTING
APPLICATION TO FILE DOCUMENTS UNDER SEAL
1 Defendant Health Net of Califomia, Inc.'s.("HNCA") Application to Seal Exhibits Filed
2 in Support of Motions Why Plaintiffs' Cases Should Not Proceed as PAGA Representative
3 Actions came before this Court on April 11, 2019, at 10:00 a.m.
4 The Court, after considering the motion, all materials filed in support and in response
5 thereto, the oral argument of counsel for the parties, and the pleadings and file herein, hereby
6 finds that that (1) There exists an overriding interest that overcomes the right of public access to
7 the record sought to be sealed; (2) the overriding interest supports sealing the record; (3) a
8 substantial probability exists that the overriding interest will be prejudiced if the record is not
9 sealed; (4) the sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the
10 overriding interest
11 Accordingly, HNCA's Application to Seal Exhibits Filed in Support of Motions Why
12 Plaintiffs' Cases Should Not Proceed as PAGA Representative Actions is GRANTED, The
13 following documents, which were lodged with the Court, shall be filed as sealed records with the
14 Clerk:
15 1. HNCA's "Associate Policy: Timekeeping," submitted as Exhibit A to both the
16 Declaration of Diane Rodes in Support of Motion as to Why Arana's Case Should Not Proceed as
17 a PAGA Representative Action and the Declaration of Diane Rodes in Support of Motion as to
18 Why Spears' Case Should Not Proceed as a PAGA Representative Action;
19 2. HNCA's "Associate Policy: Working Hours and Pay Practices," submitted as
20 Exhibit B to the Declaration of Diane Rodes in Support of Motion as to Why Spears' Case Should
21 Not Proceed as a PAGA Representative Action; and.
22 3. The email sent on January 7,2016, to certain HNCA employees providing a
23 written description of HNCA's meal and rest break policies, submitted as Exhibit C to the
24 Declaration of Diane Rodes in Support of Motion as to Why Spears' Case Should Not Proceed as
25 a PAGA Representative Action.
26 111 .
21 III. /
28 /// .
-2-
[PROPOSED] ORDER GRANTING ~ '•
APPLICATION TO FILE DOCUMENTS UNDER SEAL .
1 The following person(s) are authorized to inspect the records sealed by this Order: the
2. Court, court personnel, the parties, and the parties' counsel of record.
3 IT IS SO ORDERED:
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Dated:
5 rALi^G.'^RKINS
6 Judge of the Superior Court of Calj
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4152-9522-5881.2
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[PROPOSED] ORDER GRANTING
APPLICATION TO FILE DOCUMENTS UNDER SEAL