Preview
FILED
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com • EH00R5E0
2 ORRICK, HERRINGTON & SUTCLIFFE LLP 2918 JftH30 PM 2:58
400 Capitol Mall, Suite 3000
.. 3 Sacramento, CA 95814-4497 f'.>arE!-4t? rnUPT Of CALiFOSHiA
Telephone: +1 916 447 9200
4 Facsimile: +1 916 329 4900
5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
stephanie.lee@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 Soudi Figueroa Street, Suite 3200
7 Los Angeles, CA 90017-5855 .
Telephone: +1-213-629-2020
8 Facsimile: • +1-213-612-2499
9 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SACRAMENTO
13
ANDREA SPEARS, an individual, on behalf Consohdated Case No. 34-2017-0021056()-
14 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
15 Plaintiff, DECLARATION OF TIMOTHY J.
LONG IN SUPPORT OF DEFENDANT'S
16 OPPOSITIONS TO PLAINTIFF'S
MOTIONS TO COMPEL FURTHER
17 HEALTH NET OF CALIFORNIA, INC.; a ' RESPONSlES TO DOCUMENT
Califomia Corporation; ahd Does 1 through 50, REQUESTS AND SPECIAL
18 inclusive, INTERROGATORIES; REQUEST FOR
SANCTIONS
19 Defendants.
Date: February 13,2018
20 Time: 9:00 a.m.
Judge: Hon. Christopher E. Krueger
21 Dept.: 54
22 TOMAS R. ARANA, on behalf of himself, all
others similarly situated^ Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
23 Consolidated Complaint Filed: Dec. 21, 2017
1 Plaintiff,
24 Complaint Filed: August 1, 2017
< v.
25
HEALTH NET OF CALIFORNIA, INC., a
C15 26 Califomia corporation; and DOES 1-50,
inclusive,
CC 27
Defendant.
o 28
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 attomey duly admitted to practice before the courts of the State of California
3 and a partner in the law firm of Qrrick, Herrington & Sutchffe LLP, attomeys of record for
4 Defendant Health Net of Califomia, Inc. I make this declaration on personal knowledge and, i f
5 swom as a witness, could competently 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 Motions, there was no legitimate reason for counsel for Plaintiff Spears to have fded these motions
9 at this time. This is particularly tme given that counsel knew that Judge Perkins in Department 35
10 was already scheduled to decide the issues raised in these motions, we had already provided the
11, data/information sought by counsel or were in the process of doing so, and we had provided counsel
12 with an extension to fde these motions in case Judge Perkins did not ultimately reach lall the issues
13 of concem to counsel.
H 3. The attomeys on my team, including me, have spent in excess of ten (10) hours
15 preparing Health: Net's Opposition to the Motion to Compel Further Answers to Special
16 Interrogatories, Set One, and supporting papers. The attomeys on my team, includmg me, have
17 spent in excess of ten (10) hours preparing Health Net's Opposition to the Motion to Corhpel
18 Further Answers to Request for Production, Set One, and supporting papers. We anticipate
19 spending two (2) additional hours preparing for and appearing at hearings on these two motions -
20 one hour for each motion. For this work, our flat hourly rate is $572.
21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for
22 the needless work spent on opposing Plaintiffs Motion to Compel Further Responses to Document
23 Requests, and an additional $6,292 for the needless work spent on having to oppose Plaintiff's
24 Motiori to Compel Further Responses to Special Interrogatories.
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TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
. FOR SANCTIONS
1 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
2 is true and correct. Executed this 30th day of January, 2() 18.
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FILED 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com • EH00R5E0 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 2918 JftH30 PM 2:58 400 Capitol Mall, Suite 3000 .. 3 Sacramento, CA 95814-4497 f'.>arE!-4t? rnUPT Of CALiFOSHiA Telephone: +1 916 447 9200 4 Facsimile: +1 916 329 4900 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379) stephanie.lee@orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 Soudi Figueroa Street, Suite 3200 7 Los Angeles, CA 90017-5855 . Telephone: +1-213-629-2020 8 Facsimile: • +1-213-612-2499 9 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consohdated Case No. 34-2017-0021056()- 14 of herself and on behalf of all persons similarly CU-OE-GDS situated. 15 Plaintiff, DECLARATION OF TIMOTHY J. LONG IN SUPPORT OF DEFENDANT'S 16 OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER 17 HEALTH NET OF CALIFORNIA, INC.; a ' RESPONSlES TO DOCUMENT Califomia Corporation; ahd Does 1 through 50, REQUESTS AND SPECIAL 18 inclusive, INTERROGATORIES; REQUEST FOR SANCTIONS 19 Defendants. Date: February 13,2018 20 Time: 9:00 a.m. Judge: Hon. Christopher E. Krueger 21 Dept.: 54 22 TOMAS R. ARANA, on behalf of himself, all others similarly situated^ Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 23 Consolidated Complaint Filed: Dec. 21, 2017 1 Plaintiff, 24 Complaint Filed: August 1, 2017 < v. 25 HEALTH NET OF CALIFORNIA, INC., a C15 26 Califomia corporation; and DOES 1-50, inclusive, CC 27 Defendant. o 28 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 attomey duly admitted to practice before the courts of the State of California 3 and a partner in the law firm of Qrrick, Herrington & Sutchffe LLP, attomeys of record for 4 Defendant Health Net of Califomia, Inc. I make this declaration on personal knowledge and, i f 5 swom as a witness, could competently 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 Motions, there was no legitimate reason for counsel for Plaintiff Spears to have fded these motions 9 at this time. This is particularly tme given that counsel knew that Judge Perkins in Department 35 10 was already scheduled to decide the issues raised in these motions, we had already provided the 11, data/information sought by counsel or were in the process of doing so, and we had provided counsel 12 with an extension to fde these motions in case Judge Perkins did not ultimately reach lall the issues 13 of concem to counsel. H 3. The attomeys on my team, including me, have spent in excess of ten (10) hours 15 preparing Health: Net's Opposition to the Motion to Compel Further Answers to Special 16 Interrogatories, Set One, and supporting papers. The attomeys on my team, includmg me, have 17 spent in excess of ten (10) hours preparing Health Net's Opposition to the Motion to Corhpel 18 Further Answers to Request for Production, Set One, and supporting papers. We anticipate 19 spending two (2) additional hours preparing for and appearing at hearings on these two motions - 20 one hour for each motion. For this work, our flat hourly rate is $572. 21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for 22 the needless work spent on opposing Plaintiffs Motion to Compel Further Responses to Document 23 Requests, and an additional $6,292 for the needless work spent on having to oppose Plaintiff's 24 Motiori to Compel Further Responses to Special Interrogatories. 25 /// 26 ///. 27 .. 28 -1- TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST . FOR SANCTIONS 1 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 2 is true and correct. Executed this 30th day of January, 2() 18. 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 28