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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tj long@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP »0EC18 PH h^^-
400 Capitol Mall, Suite 3000
3 Sacramento, CA 95814-4497
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 South Figueroa Street, Suite 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsimile: +1-213-612-2499
9 Attomeys for Trustees
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 Consolidated Case No. 34-2017-00210560-
14 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
15 Plaintiff, DEFENDANT'S OBJECTIONS TO
PLAINTIFF ANDREA SPEARS'
16 NOTICE OF RULING RE CASE
MANAGEMENT CONFERENCE
17 HEALTH NET OF CALIFORNIA, INC., a
California Corporation; and Does 1 through 50, Date: December 8, 2017
18 inclusive. Time: 10:30 a.m.
Dept.: 35
19 Defendants. Judge: Hon. Alan G. Perkins
20 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
21
TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1, 2017
22 others similarly situated.
23 Plaintiff,
24
25 HEALTH NET, INC., a Delaware corporation;
and DOES 1 -50, inclusive,
26
Defendant.
27
28
\ \ ^ t OBJECXTONS TO PLAINTIFF ANDREA SPEARS'NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE
DERENDANTS
1 Defendant Health Net of Califomia, Inc. objects to Plaintiff Andrea Spears' "Notice of
2 Ruling"filedon December 12, 2017 because it is inaccurate, misleading and improper.
3 First, Plaintiff Spears erroneously stated that "[t]he filing of Plaintiff^] [Spears'] motions to
4 compel discovery precluded the Court from ruling on Defendant's request for bifurcate discovery."
5 This is wrong. In fact, the Court set a hearing of Defendant's Motion to Bifurcate Discovery for
6 February 15, 2018 at 9:30 a.m. in Department 35.
7 Plaintiff Spears also erroneously stated that "[t]he filing of the class certification motion
8 will be in Department 35 . . . . " This too is wrong. Rather, all parties are permitted to file motions
9 related to class certification in either Department 35 or Law and Motion Department 54.
10 Moreover, Plaintiff Spears erroneously stated that "filings related to other law and motion
11 matters" besides "the class certification motion" "will be in Department 54." This is likewise
12 wrong. In fact. Defendant's Motion to Bifiircate Discovery is to be filed in Department 35.
13 Defendant further objects to Plaintiff Spears' "Notice of Ruling" because it is procedurally
14 improper. No applicable California Rule of Court permits Plaintiff Spears to unilaterally file a
15 notice purporting to summarize (inaccurately) a case management conference with the Court and
16 representations made during that conference.
17 Defendant respectfully requests that the Court disregard Plaintiff Spears' "Notice of
18 Ruling."
19
Dated: December 18,2017 ORRICK, HERRINGTON & SUTCLIFFE LLP
20
21
By:
22 STEPHANIE GAIL LEE
Attorneys for Defendant
23 HEALTH NET OF CALIFORNIA, INC.
24
25
26
27
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DEFENDANT'S OBJECTIONS TO PLAINTIFF ANDREA SPEARS' NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE
1 PROOF OF SERVICE BY MAIL
2 I am more than eighteen years old and not a party to this action. My business address is
3 Orrick, Herrington «& Sutcliffe LLP, 777 South Figueroa Street, Suite 3200, Los Angeles, CA
4 90017-5855. On December 18,2017,1 served the following document:.
5 DEFENDANT'S OBJECTIONS TO PLAINTIFF ANDREA SPEARS'
NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE
6
on the interested parties in this action by placing true and correct copies thereof in sealed
7
envelope(s) addressed as follovvs:
8
9 Norman B. Blumenthal, Esq. Shaun Setareh, Esq.
Blumenthal, Nordrehaug & Bhowmik Setareh Law Group
10 2255 Calle Clara 9454 Wilshire Blvd, Suite 907
La Jolla, CA 92037 Beverly Hills, CA 90212
11 Phone:(858) 551-1223 Tel: (310)888-7771
^2 Fax: (858) 551-1232
^3 I am employed in the county firom which the mailing occurred. On the date indicated
above, I placed the sealed envelope(s) for collection and mailing at this firm's office business
address indicated above. I am readily familiar with this firm's practice for the collection and
^^ processing of correspondence for mailing with the United States Postal Service. Under that
practice, the firm's correspondence would be deposited with the United States Postal Service on
^^ this same date with postage thereon fully prepaid in the ordinary course of business.
^^ I declare under penalty of perjury under the laws of the State of Califomia that the above
20 is true and correct.
21 Executed on December 18,2017, at Los Angeles, Califomia.
22
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28
PROOF OF SERVICE BY MAIL
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tj long@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP »0EC18 PH h^^- 400 Capitol Mall, Suite 3000 3 Sacramento, CA 95814-4497 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 South Figueroa Street, Suite 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsimile: +1-213-612-2499 9 Attomeys for Trustees 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 Consolidated Case No. 34-2017-00210560- 14 of herself and on behalf of all persons similarly CU-OE-GDS situated. 15 Plaintiff, DEFENDANT'S OBJECTIONS TO PLAINTIFF ANDREA SPEARS' 16 NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE 17 HEALTH NET OF CALIFORNIA, INC., a California Corporation; and Does 1 through 50, Date: December 8, 2017 18 inclusive. Time: 10:30 a.m. Dept.: 35 19 Defendants. Judge: Hon. Alan G. Perkins 20 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 21 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1, 2017 22 others similarly situated. 23 Plaintiff, 24 25 HEALTH NET, INC., a Delaware corporation; and DOES 1 -50, inclusive, 26 Defendant. 27 28 \ \ ^ t OBJECXTONS TO PLAINTIFF ANDREA SPEARS'NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE DERENDANTS 1 Defendant Health Net of Califomia, Inc. objects to Plaintiff Andrea Spears' "Notice of 2 Ruling"filedon December 12, 2017 because it is inaccurate, misleading and improper. 3 First, Plaintiff Spears erroneously stated that "[t]he filing of Plaintiff^] [Spears'] motions to 4 compel discovery precluded the Court from ruling on Defendant's request for bifurcate discovery." 5 This is wrong. In fact, the Court set a hearing of Defendant's Motion to Bifurcate Discovery for 6 February 15, 2018 at 9:30 a.m. in Department 35. 7 Plaintiff Spears also erroneously stated that "[t]he filing of the class certification motion 8 will be in Department 35 . . . . " This too is wrong. Rather, all parties are permitted to file motions 9 related to class certification in either Department 35 or Law and Motion Department 54. 10 Moreover, Plaintiff Spears erroneously stated that "filings related to other law and motion 11 matters" besides "the class certification motion" "will be in Department 54." This is likewise 12 wrong. In fact. Defendant's Motion to Bifiircate Discovery is to be filed in Department 35. 13 Defendant further objects to Plaintiff Spears' "Notice of Ruling" because it is procedurally 14 improper. No applicable California Rule of Court permits Plaintiff Spears to unilaterally file a 15 notice purporting to summarize (inaccurately) a case management conference with the Court and 16 representations made during that conference. 17 Defendant respectfully requests that the Court disregard Plaintiff Spears' "Notice of 18 Ruling." 19 Dated: December 18,2017 ORRICK, HERRINGTON & SUTCLIFFE LLP 20 21 By: 22 STEPHANIE GAIL LEE Attorneys for Defendant 23 HEALTH NET OF CALIFORNIA, INC. 24 25 26 27 28 DEFENDANT'S OBJECTIONS TO PLAINTIFF ANDREA SPEARS' NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE 1 PROOF OF SERVICE BY MAIL 2 I am more than eighteen years old and not a party to this action. My business address is 3 Orrick, Herrington «& Sutcliffe LLP, 777 South Figueroa Street, Suite 3200, Los Angeles, CA 4 90017-5855. On December 18,2017,1 served the following document:. 5 DEFENDANT'S OBJECTIONS TO PLAINTIFF ANDREA SPEARS' NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE 6 on the interested parties in this action by placing true and correct copies thereof in sealed 7 envelope(s) addressed as follovvs: 8 9 Norman B. Blumenthal, Esq. Shaun Setareh, Esq. Blumenthal, Nordrehaug & Bhowmik Setareh Law Group 10 2255 Calle Clara 9454 Wilshire Blvd, Suite 907 La Jolla, CA 92037 Beverly Hills, CA 90212 11 Phone:(858) 551-1223 Tel: (310)888-7771 ^2 Fax: (858) 551-1232 ^3 I am employed in the county firom which the mailing occurred. On the date indicated above, I placed the sealed envelope(s) for collection and mailing at this firm's office business address indicated above. I am readily familiar with this firm's practice for the collection and ^^ processing of correspondence for mailing with the United States Postal Service. Under that practice, the firm's correspondence would be deposited with the United States Postal Service on ^^ this same date with postage thereon fully prepaid in the ordinary course of business. ^^ I declare under penalty of perjury under the laws of the State of Califomia that the above 20 is true and correct. 21 Executed on December 18,2017, at Los Angeles, Califomia. 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL