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1 BLUMENTHAL, NORDREHAUG & BHOWMIK
Norman B. Blumenthal (State Bar #068687)
2 Kyle R. Nordrehaug (State Bar #205975)
Aparajit Bhowmik (State Bar #248066)
3 Piya Mukherjee (State Bar #274217)
Victoria B. Rivapalacio (State Bar #275115)
4 2255 Calle Clara
La Jolla, CA 92037
5 Telephone: (858)551-1223
Facsimile: (858) 551-1232
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7 Attomeys for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAMENTO
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13 ANDREA SPEARS, an individual, on CASE No. 34-2017-00210560-CU-OE-
behalf of herself and on behalf of all GDS
14 persons similarly situated,
consolidated with
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Plaintiff, Arana v. Health Net of California Inc., Case
16 No. 34-2017-00216685-CU-OE-GDS
vs.
17 CLASS ACTION
HEALTH NET OF CALIFORNIA, INC.,
18 a Califomia Corporation; and Does 1 NOTICE OF RULING
through 50, Inclusive,
19 Hearing Date: December 8,2017
Hearing Time: 10:30 a.m.
20 Dept.: 35
Defendants. Judge: Hon. Alan G. Perkins
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24 Action Filed: April 5, 2017
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lYFAX
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NOTICE OF RULING
Case No. 34-2017-00210560-CU-OE-GDS
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2 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
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4 NOTICE IS HEREBY GIVEN that on December 8, 2017, a Case Management Conference
5 was held in this matter in Department 35 of the above-entitled Court. The Court confirmed that
6 Plaintiff filed the motions to compel discovery in the proper department. The filing of Plaintiffs
7 motions to compel discovery precluded the Court from ruling on Defendant's request to bifurcate
8 discovery. The filing of the class certification motion will be in Department 35 and counsel are
9 required to call the department to obtain a hearing date before filing the motion. The filings related
10 to other law and motion matters will be in Department 54.
11 The Court issued a Minute Order, attached here as Exhibit 1. Plaintiff was ordered to give
12 notice.
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14 Dated: December 12, 2017 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
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16 By: Is/ Victoria B. Rivapalacio
Victoria B. Rivapalacio
17 Attomeys for Plaintiff
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NOTICE OF RULING
-1- Case No. 34-2017-00210560-CU-OE-GDS
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27, EXHIBIT 1
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NOTICE OF RULING
-2- Case No. 34-2017-00210560-CU-OE-GDS
SUPERIOR COURT OF CALIFGRFTTA,
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 12/08/2017 TIME: 10:30:00 AM DEPT: 35
JUDICIAL OFFICER PRESIDING: Alan Perkins
CLERK: D. Lashley
REPORTER/ERM: M Leievier CSR# 6967
BAILIFF/COURT ATTENDANT: T. Elder
CASE NO: 34-2017-00210560-CU-OE-GDS CASE INIT.DATE: 04/05/2017
CASE TITLE: Spears vs. Health Net of California Inc
CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Case Management Conference - Complex
ASSOCIATED CASES: 34-2017-00216685-CU-OE-GDS
APPEARANCES
H. Scott Leviant, specially appearing for Shaun Setareh, Assignee.
Victoria B. Rivapalacio, specially appearing for counsel Norman B Blumenthal, present for Plaintiff(s).
Stephanie Gail Lee, specially appearing for counsel Timothy J Long, present for Defendant(s).
The above-entitled matter came before this Court this day for Case Management Statements-Complex
with the above named counsel present.
The Court held the conference.
The Court has scheduled a Case Management Conference for March 28, 2018 at 9:00 a.m.
The parties should address schedule for certification.
Case Management Statements are duel4 days before the hearing.
Joint Statements allowed.
No need to follow judicial council form.
The Court reserves February 15, 2018 at 9:30 a.m. for a possible motion to bifurcate discovery.
The motion is to be filed according to the normal law and motion time line.
The Court will allow Plaintiff Arana to amend the allegations of his existing complaint to conform to the
allegations of the proposed amended complaint that was attempted to be filed on October 20, 2017 and
found at Register of Actions number 13 in the Arana case (34-2017-00216685). The allegations may be
made in a master complaint for the consolidated cases so that there would be one complaint for all the
allegations by both plaintiffs. The Compliant should be filed no later December 29, 2017.
All filings and pleadings except Law and Motion matters are to be filed in Department 35.
Plaintiff is ordered to notify all counsel/parties of this minute order.
DATE: 12/08/2017 MINUTE ORDER Page 1
DEPT: 35 Calendar No.
CASE TITLE: Spears vs. HealTh
5 ^ Net of California Inc CASE No. 34-2017-00210560-CU-OE-GDS
The Case Management Conference - Complex is scheduled for 03/28/2018 at 09:00 AM in Department
35.
DATE: 12/08/2017 MINUTE ORDER Page 2
DEPT: 35 Calendar No.
1 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
2 1, Victoria B. Rivapalacio, am employed in the County of San Diego, State of Califomia. 1
am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara,
3 La Jolla, Califomia 92037.
4 On December 12, 2017,1 served the document(s) described as:
5'
NOTICE OF RULING
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7 X (BY MAIL): I caused each such envelope, with postage thereon ftiUy prepaid, to be
placed in the United States mail at San Diego, Califomia. I am readily familiar with
8 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
9 will be deposited with the U.S. Postal Service this same day in the ordinary course of
business (C.C.P. Section 10139a; 2015.5):
10
11 Timothy J. Long SETAREH LAW GROUP
ORRICK, HERRINGTON & SUTCLIFFE LLP Shaun Setareh
12 400 Capitol Mall, Suite 3000 H. Scott Leviant
Sacramento, CA 95814-4497 9454 Wilshire Boulevard, Suite 907
13 Telephone: (916) 447-9200 Beverly Hills, CA 90212
Facsimile: (916) 329-4900 Telephone: (310) 888-7771
14 Email: tjlong@orrick.com Facsimile: (310) 888-0109
1^ Email: shaun@setarehlaw.com
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Ig X (State): I declare under penalty of perjury under the laws of the State of Califomia that the
above is true and correct.
19 " Executed on December 12, 2017, at La Jolla, Califomia.
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22 /s/Victoria B. Rivapalacio
Victoria B. Rivapalacio
23 K:\D\Dropbox\Pending Litigation\Hea]thnet- Spears\p-notice of ruling-CMC.wpd
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NOTICE OF RULING
-3- Case No. 34-2017-00210560-CU-OE-GDS
Preview
1 BLUMENTHAL, NORDREHAUG & BHOWMIK Norman B. Blumenthal (State Bar #068687) 2 Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066) 3 Piya Mukherjee (State Bar #274217) Victoria B. Rivapalacio (State Bar #275115) 4 2255 Calle Clara La Jolla, CA 92037 5 Telephone: (858)551-1223 Facsimile: (858) 551-1232 6 7 Attomeys for Plaintiff 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SACRAMENTO 11 12 13 ANDREA SPEARS, an individual, on CASE No. 34-2017-00210560-CU-OE- behalf of herself and on behalf of all GDS 14 persons similarly situated, consolidated with 15 Plaintiff, Arana v. Health Net of California Inc., Case 16 No. 34-2017-00216685-CU-OE-GDS vs. 17 CLASS ACTION HEALTH NET OF CALIFORNIA, INC., 18 a Califomia Corporation; and Does 1 NOTICE OF RULING through 50, Inclusive, 19 Hearing Date: December 8,2017 Hearing Time: 10:30 a.m. 20 Dept.: 35 Defendants. Judge: Hon. Alan G. Perkins 21 22 23 24 Action Filed: April 5, 2017 25 26 27 lYFAX 28 NOTICE OF RULING Case No. 34-2017-00210560-CU-OE-GDS 1 2 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 3 4 NOTICE IS HEREBY GIVEN that on December 8, 2017, a Case Management Conference 5 was held in this matter in Department 35 of the above-entitled Court. The Court confirmed that 6 Plaintiff filed the motions to compel discovery in the proper department. The filing of Plaintiffs 7 motions to compel discovery precluded the Court from ruling on Defendant's request to bifurcate 8 discovery. The filing of the class certification motion will be in Department 35 and counsel are 9 required to call the department to obtain a hearing date before filing the motion. The filings related 10 to other law and motion matters will be in Department 54. 11 The Court issued a Minute Order, attached here as Exhibit 1. Plaintiff was ordered to give 12 notice. 13 14 Dated: December 12, 2017 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP 15 16 By: Is/ Victoria B. Rivapalacio Victoria B. Rivapalacio 17 Attomeys for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF RULING -1- Case No. 34-2017-00210560-CU-OE-GDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, EXHIBIT 1 28 NOTICE OF RULING -2- Case No. 34-2017-00210560-CU-OE-GDS SUPERIOR COURT OF CALIFGRFTTA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 12/08/2017 TIME: 10:30:00 AM DEPT: 35 JUDICIAL OFFICER PRESIDING: Alan Perkins CLERK: D. Lashley REPORTER/ERM: M Leievier CSR# 6967 BAILIFF/COURT ATTENDANT: T. Elder CASE NO: 34-2017-00210560-CU-OE-GDS CASE INIT.DATE: 04/05/2017 CASE TITLE: Spears vs. Health Net of California Inc CASE CATEGORY: Civil - Unlimited EVENT TYPE: Case Management Conference - Complex ASSOCIATED CASES: 34-2017-00216685-CU-OE-GDS APPEARANCES H. Scott Leviant, specially appearing for Shaun Setareh, Assignee. Victoria B. Rivapalacio, specially appearing for counsel Norman B Blumenthal, present for Plaintiff(s). Stephanie Gail Lee, specially appearing for counsel Timothy J Long, present for Defendant(s). The above-entitled matter came before this Court this day for Case Management Statements-Complex with the above named counsel present. The Court held the conference. The Court has scheduled a Case Management Conference for March 28, 2018 at 9:00 a.m. The parties should address schedule for certification. Case Management Statements are duel4 days before the hearing. Joint Statements allowed. No need to follow judicial council form. The Court reserves February 15, 2018 at 9:30 a.m. for a possible motion to bifurcate discovery. The motion is to be filed according to the normal law and motion time line. The Court will allow Plaintiff Arana to amend the allegations of his existing complaint to conform to the allegations of the proposed amended complaint that was attempted to be filed on October 20, 2017 and found at Register of Actions number 13 in the Arana case (34-2017-00216685). The allegations may be made in a master complaint for the consolidated cases so that there would be one complaint for all the allegations by both plaintiffs. The Compliant should be filed no later December 29, 2017. All filings and pleadings except Law and Motion matters are to be filed in Department 35. Plaintiff is ordered to notify all counsel/parties of this minute order. DATE: 12/08/2017 MINUTE ORDER Page 1 DEPT: 35 Calendar No. CASE TITLE: Spears vs. HealTh 5 ^ Net of California Inc CASE No. 34-2017-00210560-CU-OE-GDS The Case Management Conference - Complex is scheduled for 03/28/2018 at 09:00 AM in Department 35. DATE: 12/08/2017 MINUTE ORDER Page 2 DEPT: 35 Calendar No. 1 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO 2 1, Victoria B. Rivapalacio, am employed in the County of San Diego, State of Califomia. 1 am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, 3 La Jolla, Califomia 92037. 4 On December 12, 2017,1 served the document(s) described as: 5' NOTICE OF RULING 6 7 X (BY MAIL): I caused each such envelope, with postage thereon ftiUy prepaid, to be placed in the United States mail at San Diego, Califomia. I am readily familiar with 8 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 9 will be deposited with the U.S. Postal Service this same day in the ordinary course of business (C.C.P. Section 10139a; 2015.5): 10 11 Timothy J. Long SETAREH LAW GROUP ORRICK, HERRINGTON & SUTCLIFFE LLP Shaun Setareh 12 400 Capitol Mall, Suite 3000 H. Scott Leviant Sacramento, CA 95814-4497 9454 Wilshire Boulevard, Suite 907 13 Telephone: (916) 447-9200 Beverly Hills, CA 90212 Facsimile: (916) 329-4900 Telephone: (310) 888-7771 14 Email: tjlong@orrick.com Facsimile: (310) 888-0109 1^ Email: shaun@setarehlaw.com 16 17 Ig X (State): I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. 19 " Executed on December 12, 2017, at La Jolla, Califomia. 20 21 22 /s/Victoria B. Rivapalacio Victoria B. Rivapalacio 23 K:\D\Dropbox\Pending Litigation\Hea]thnet- Spears\p-notice of ruling-CMC.wpd 24 25 26 27 28 NOTICE OF RULING -3- Case No. 34-2017-00210560-CU-OE-GDS