On April 05, 2017 a
Party Discovery
was filed
involving a dispute between
All Others Similarly Situated,
Arana, Tomas R.,
On Behalf Of Herself And On Behalf Of All Persons Similarly Situated,
Spears, Andrea,
and
Does 1-50,
Health Net Of California Inc,
for (Other Employment Complaint Case)
in the District Court of Sacramento County.
Preview
FIIEDBYFAX
TILED
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.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY.OF SACRAMENTO
10
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
18
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
21
22 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
23 inclusive,
24 Defendant.
25
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27
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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.
21
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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-1-
TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR
PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS
Document Filed Date
July 03, 2018
Case Filing Date
April 05, 2017
Category
(Other Employment Complaint Case)
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