Party Discovery: Andrea Spears vs. Health Net of California Inc

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 1   TIMOTHY J. LONG (STATE BAR NO. 137591)
     tjlong@orrick.com                          '2010 JUL "3 AH l h 5 7
 2   NICHOLAS J. HORTON (STATE BAR NO. 289417)   '•""^^"^ ^        " ^'
     nhorton@orrick.com                        SURFKtG.R COuRi CF CALIF&aHIA
 3   ORRICK, HERRINGTON & SUTCLIFFE LLP            COUNTY OF SACiiAMEHTO
     400 Capitol Mall, Suite 3000
4    Sacramento, CA 95814-44^7       - -    --
     Telephone:    +^1-916 447 9200—      —
 5   Facsimile:    +1 916 329 4900
6    Attomeys for Defendant
     HEALTH NET OF CALIFORNIA, INC.
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 8                       SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                                     COUNTY.OF SACRAMENTO

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     ANDREA SPEARS, an individual, on behalf               Consolidated CaseNo. 34-2017-00210560-
11   of herself and on behalf of all persons similarly     CU-OE-GDS
     situated,
12                      Plaintiff,                         DECLARATION OF TIMOTHY J.
                                                           LONG IN SUPPORT OF DEFENDANT'S
13                                                         OPPOSITION TO PLAINTIFF'S
                                                           MOTIONS TO COMPEL RESPONSES
14   HEALTH NET OF CALIFORNIA, INC., a                     TO REQUESTS FOR PRODUCTION OF
     Califomia Corporation; and Does 1 through 50,         DOCUMENTS; REQUEST FOR
15   inclusive.                                            SANCTIONS
16                      Defendants.                        Date:  April 16,2018
                                                           Time: 9:00 a.m.
17                                                         Judge: Hon. Christopher E. Krueger
                                                           Dept.: 54
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     TOMAS R. ARANA, on behalf of himself, all
     others similarly situated,                            Complaint Filed: April 5, 2017
19                                                         FAC Filed:       June 29, 2017
                                                           Consolidated Complaint Filed: Dec. 21, 2017
20                      Plaintiff,
                                                           Complaint Filed:     August 1,2017
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22   HEALTH NET OF CALIFORNIA, INC., a
     Califomia corporation; and DOES 1-50,
23   inclusive,

24                      Defendant.

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         TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
               •                                  FOR SANCTIONS
 1   I, Timothy J. Long, hereby declare as follows:
 2          1.      I am an attorney duly admitted to practice before the courts of the State of Califomia
 3   and a partner in the law firm of Orrick, Herrington & Sutcliffe LLP, attorneys of record for
4    Defendant Health Net of California, Inc. I make this declarafion on persoiial knowledge aiid, if
 5   swom as a witness, could competenfiy testify to the following facts except where otherwise
6    indicated.
 7          2.      As the Court will see in the other materials filed in opposition to the Discovery
 8   Motion, there was no legitimate reason for counsel for Plaintiff Spears to have filed this motion.
9    This is particularly tme given that counsel knew that Health Net had granted Plaintiff Spears an
10   extension to file this Motion and had repeatedly promised to provide amended responses before
11   Plaintiff Spears's deadline to file this Motion. Further, there is no substantial justification for
12   Plaintiff Spears's refusal to take this Motion off calendar after having received Health Net's
13   amended, verified responses with responsive documents.
14          3.       The attorneys on my team, including me, have spent in excess of five (5) hours
15   .preparing Health Net's Opposition to the Motion to Compel Answers to Request"for Production,
16   Mid supporting papers. We anticipate spending one (1) additional hours preparing for and
17   appearing at the hearing on this Motion. For this work, ourflathourly rate is $572.
18          4.      We request that the Court sanction Plaintiff Spears' Counsel $2,800.00 for the
19   needless work spent on opposing Plaintiffs Motion to Compel Further Responses to Document
20   Requests.
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22           I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
23   is true and correct. Executed this 3rd day of July, 2018.
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          TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR
                                 PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS