Preview
FILED/ENDORSED
BLUMENTHAL NORDREHAUG BHOWMIK MAY 16 2023
DE BLOUW LLP
Kyle R. Nordrehaug (State Bar #205975)
NYO
2255 Calle Clara By: A. Turner
La Jolla, CA 92037 Deputy Clerk
WY
Telephone: (858)551-1223
Facsimile: (858) 551-1232
FF
Email: Kyle@bamlawca.com
Website: www.bamlawca.com
aA
SETAREH LAW GROUP
Ana
Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
9665 Wilshire Blvd., Suite 430
ony
Beverly Hills, California 90212
Telephone: (310) 888-7771
Fax: (310) 888-0109
oO
Attorneys for Plaintiffs
eet
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SACRAMENTO
ee
ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560-CU-OE-GDS
of herself and on behalf of all persons
similarly situated, Assigned for All Purposes to:
+ ts Honorable Jill H. Talley
Vv. Plaintiff, Department 25
HEALTH NET OF CALIFORNIA, INC., a SUPPLEMENTAL DECLARATION OF
California Corporation; and Does 1 through MADELY NAVA OF ILYM GROUP,
RO
50, inclusive, INC., REGARDING DISBURSEMENT
OF SETTLEMENT FUNDS
BY FAX
NO
Defendants
RO
TOMAS R. ARANA, on behalf of himself, all
others similarly situated,
Plaintiff,
N
v.
HEALTH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
Inclusive,
Defendant.
-1-
SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING
DISBURSEMENT OF THE SETTLEMENT FUNDS
ia I, Madely Nava, declare as follows:
1, I am a resident of the United States of America and am over the age of 18. lama
NO
Case Manager for ILYM Group, Inc. (hereinafter referred to as “ILYM Group”), the professional
wonNni WY
settlement services provider who has been retained by the Parties and subsequently appointed by
FF
the Court to serve as the settlement administrator for the above-captioned Spears, et al. v. Health
vA
Net of California, Inc. matter. I am authorized to make this declaration on behalf of ILYM Group.
The following statements are based on my own personal knowledge and information provided by
other ILYM Group employees working under my supervision and, if called upon to testify, I could
and would testify competently to such facts.
oo
2. ILYM Group was engaged by the Parties’ Counsel and subsequently approved and
OC
appointed by the Court to provide notification services and settlement administration, pursuant to
S|
KF
the terms of the Settlement, in the above-referenced Action. In this capacity, ILYM Group was
FSF
NY
charged with: (a) printing and mailing the Notice Packet; (b) performing address updates and
FEF
WY
verifications as necessary; (c) receiving and processing requests for exclusion from and objections
FP
FEF
to the Settlement; (d) calculating the individual settlement award payments; (e) processing and
vA
FS
mailing settlement award checks; (f) handling tax withholdings as required by the Settlement and
DH
FF
the law; (g) preparing, issuing and filing tax returns and other applicable tax forms; (h) handling
NH
FF
the distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) other tasks
KF
OO
as the Parties mutually agreed to and/or the Court ordered ILYM Group to perform.
Ff
3. The total amount due under the Settlement was $5,194,753.38, which included the
Oo
NO
Gross Settlement Fund of $5,000,000.00, plus the employer’s share of the applicable payroll taxes
S&§
NO
in the amount of $194,753.38. The breakdown is as follows:
Nn
NBO
a. $3,010,834.00 for gross payment of the individual settlement awards to the 5,560.
Ww
NO
Participating Settlement Class Members.
Fk
NY
b. $1,666,666.00 for payment of Class Counsel’s attorney fees.
HU
NY
c. $140,000.00 for payment of Class Counsel’s attorney costs.
Nn
NO
d. $10,000.00 for an Enhancement Award to Tomas Arana.
NYO
Nn
e. $10,000.00 for an Enhancement Award to Andrea Spears.
NO
ao
-2-
SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING
DISBURSEMENT OF THE SETTLEMENT FUNDS
f. $50,000.00 for payment of administration fees to ILYM Group.
g. $112,500.00 for the payment to the LWDA.
NY
h. $194,753.38 for the payment of the employer’s portion of applicable payroll taxes
WY
on the “wages” portion of the individual settlement awards.
FF
4. On November 2, 2022, the payment of Class Counsels’ attorney fees, in the amount
non
of $1,666,666.00, was completed.
non
5. On November 2, 2022, the payment of Class Counsels’ attorney costs, in the amount
won
of $140,000.00, was completed.
6. On November 2, 2022, payment of the settlement administration fees to ILYM Group,
o
in the amount of $50,000.00, was completed.
CO
Ts On November 2, 2022, ILYM Group issued and mailed the PAGA payment to the
—|—
KF&
LWDA, in the amount of $112,500.00.
|
NY
8. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to
|
W
Tomas Arana, in the amount of $10,000.00.
FP
FSF
9. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to
nH
FF
Andrea Spears, in the amount of $10,000.00.
Do
FF
10. On November 2, 2022, ILYM Group issued and mailed the settlement award checks
FF
On
to the 5,560 Participating Settlement Class Members. The total net amount sent to the Participating
fF
Settlement Class Members was $2,640,653.92, as $370,180.08 was withheld for all applicable
OO
F&F
employee payroll taxes.
FO
NO
11. On November 2, 2022, payment to the Internal Revenue Service, for all applicable
KFK§
NO
Ne
Federal payroll taxes, in the amount of $429,151.21, was completed.
NO
12. On November 2, 2022, payment to the Employment Development Department, for all
WY
NBO
applicable State payroll taxes in the amount of $135,782.25, was completed.
Fk
NY
13. On March 2, 2023, a reminder postcard was mailed to all Participating Class Members
UN
NY
who have not cash their settlement check informing him or her that unless the check is cashed in
KN
NYO
the next 60 days, it will expire and become non-negotiable.
NYO
on
NO
-3-
SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING
DISBURSEMENT OF THE SETTLEMENT FUNDS
14. The deadline for the Participating Settlement Class Members to cash their settlement
award check was May 1, 2023; 180 days after its issuance.
wonina NO
15. A total amount of $356,501.51 remains uncashed after the check cashing period. In
WO
accordance with the terms of the Parties’ Settlement Agreement, the necessary paperwork to report
FF
the unclaimed funds has been submitted to the California State Controller’s Office - Unclaimed
vA
Property Fund.
16. Per the State Controller’s Office of Unclaimed Property — Dormancy Periods, ILYM
Group shall then hold the uncashed funds for one (1) year from the date of the notification, at which
point ILYM Group will then be able to transmit the unclaimed amounts in the Class Member’s
o
name. ILYM Group estimates all unclaimed property from this Settlement shall be distributed to
ee
the State in approximately May 2024.
ee
I declare under penalty of perjury under the laws of the State of California and the
United States that the foregoing is true and correct to the best of my knowledge and that this
OO ee
Declaration was executed this 16" day of May 2023, at Tustin, California.
Oe
Ay
Oe
Fe
FF
Y NAVA
Fe
F|—
NO
NO
NO
WN
N
N
NO
-4-
SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING
DISBURSEMENT OF THE SETTLEMENT FUNDS
PROOF OF SERVICE
F&F in NY
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
Ww
I, Gerardo Galaviz, am employed in the County of San Diego, State of California. I am over
wonNn
the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La
Jolla, California 92037.
vA
On May 16, 2023, I served the document(s) described as:
1. SUPPLEMENTAL DECLARATION OF MADELY NAVA OF ILYM GROUP,
INC., REGARDING DISBURSEMENT OF SETTLEMENT FUNDS
oo
X_ (BY ELECTRONIC SERVICE): Pursuant to an agreement between the Parties, I provided
the documents referenced above electronically via electronic mail (e-mail) to counsel for
CO
Defendant at the following e-mail address(es):
KF
|
LITTLER MENDELSON, P.C. Email:
SF
NY
Keith Jacoby kjacoby@littler.com
Fe
WO
Nathaniel H. Jenkins njenkins@littler.com
Martell, Breanne bsmartell@littler.com
FP
FEF
500 Capitol Mall, Suite 200
Sacramento, CA 95814
vn
FE
SETAREH LAW GROUP Email:
DH
FF
Shaun Setareh shaun@setarehlaw.com
William M. Pao william@setarehlaw.com
NH
FF
Nolan Dilts nolan@setarehlaw.com
fB
KF
9665 Wilshire Blvd., Suite 430 jose@setarehlaw.com
Beverly Hills, CA 90212 calendar@setarehlaw.com
CO
KH
FD
NO
—|§
NO
X__ (State): I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
ND
ND
WO
Executed on May 16, 2023, at San Diego, California.
YD
FF
NO
afand, RAO
aA
NY
Nn
NYO
Gerardo Galaviz
NY
ori
No
PROOF OF SERVICE
1 Case No. 34-2017-00210560-CU-OE-GDS
Preview
FILED/ENDORSED BLUMENTHAL NORDREHAUG BHOWMIK MAY 16 2023 DE BLOUW LLP Kyle R. Nordrehaug (State Bar #205975) NYO 2255 Calle Clara By: A. Turner La Jolla, CA 92037 Deputy Clerk WY Telephone: (858)551-1223 Facsimile: (858) 551-1232 FF Email: Kyle@bamlawca.com Website: www.bamlawca.com aA SETAREH LAW GROUP Ana Shaun Setareh (SBN 204514) shaun@setarehlaw.com 9665 Wilshire Blvd., Suite 430 ony Beverly Hills, California 90212 Telephone: (310) 888-7771 Fax: (310) 888-0109 oO Attorneys for Plaintiffs eet SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO ee ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560-CU-OE-GDS of herself and on behalf of all persons similarly situated, Assigned for All Purposes to: + ts Honorable Jill H. Talley Vv. Plaintiff, Department 25 HEALTH NET OF CALIFORNIA, INC., a SUPPLEMENTAL DECLARATION OF California Corporation; and Does 1 through MADELY NAVA OF ILYM GROUP, RO 50, inclusive, INC., REGARDING DISBURSEMENT OF SETTLEMENT FUNDS BY FAX NO Defendants RO TOMAS R. ARANA, on behalf of himself, all others similarly situated, Plaintiff, N v. HEALTH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, Inclusive, Defendant. -1- SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS ia I, Madely Nava, declare as follows: 1, I am a resident of the United States of America and am over the age of 18. lama NO Case Manager for ILYM Group, Inc. (hereinafter referred to as “ILYM Group”), the professional wonNni WY settlement services provider who has been retained by the Parties and subsequently appointed by FF the Court to serve as the settlement administrator for the above-captioned Spears, et al. v. Health vA Net of California, Inc. matter. I am authorized to make this declaration on behalf of ILYM Group. The following statements are based on my own personal knowledge and information provided by other ILYM Group employees working under my supervision and, if called upon to testify, I could and would testify competently to such facts. oo 2. ILYM Group was engaged by the Parties’ Counsel and subsequently approved and OC appointed by the Court to provide notification services and settlement administration, pursuant to S| KF the terms of the Settlement, in the above-referenced Action. In this capacity, ILYM Group was FSF NY charged with: (a) printing and mailing the Notice Packet; (b) performing address updates and FEF WY verifications as necessary; (c) receiving and processing requests for exclusion from and objections FP FEF to the Settlement; (d) calculating the individual settlement award payments; (e) processing and vA FS mailing settlement award checks; (f) handling tax withholdings as required by the Settlement and DH FF the law; (g) preparing, issuing and filing tax returns and other applicable tax forms; (h) handling NH FF the distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) other tasks KF OO as the Parties mutually agreed to and/or the Court ordered ILYM Group to perform. Ff 3. The total amount due under the Settlement was $5,194,753.38, which included the Oo NO Gross Settlement Fund of $5,000,000.00, plus the employer’s share of the applicable payroll taxes S&§ NO in the amount of $194,753.38. The breakdown is as follows: Nn NBO a. $3,010,834.00 for gross payment of the individual settlement awards to the 5,560. Ww NO Participating Settlement Class Members. Fk NY b. $1,666,666.00 for payment of Class Counsel’s attorney fees. HU NY c. $140,000.00 for payment of Class Counsel’s attorney costs. Nn NO d. $10,000.00 for an Enhancement Award to Tomas Arana. NYO Nn e. $10,000.00 for an Enhancement Award to Andrea Spears. NO ao -2- SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS f. $50,000.00 for payment of administration fees to ILYM Group. g. $112,500.00 for the payment to the LWDA. NY h. $194,753.38 for the payment of the employer’s portion of applicable payroll taxes WY on the “wages” portion of the individual settlement awards. FF 4. On November 2, 2022, the payment of Class Counsels’ attorney fees, in the amount non of $1,666,666.00, was completed. non 5. On November 2, 2022, the payment of Class Counsels’ attorney costs, in the amount won of $140,000.00, was completed. 6. On November 2, 2022, payment of the settlement administration fees to ILYM Group, o in the amount of $50,000.00, was completed. CO Ts On November 2, 2022, ILYM Group issued and mailed the PAGA payment to the —|— KF& LWDA, in the amount of $112,500.00. | NY 8. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to | W Tomas Arana, in the amount of $10,000.00. FP FSF 9. On November 2, 2022, ILYM Group issued and mailed an Enhancement Award to nH FF Andrea Spears, in the amount of $10,000.00. Do FF 10. On November 2, 2022, ILYM Group issued and mailed the settlement award checks FF On to the 5,560 Participating Settlement Class Members. The total net amount sent to the Participating fF Settlement Class Members was $2,640,653.92, as $370,180.08 was withheld for all applicable OO F&F employee payroll taxes. FO NO 11. On November 2, 2022, payment to the Internal Revenue Service, for all applicable KFK§ NO Ne Federal payroll taxes, in the amount of $429,151.21, was completed. NO 12. On November 2, 2022, payment to the Employment Development Department, for all WY NBO applicable State payroll taxes in the amount of $135,782.25, was completed. Fk NY 13. On March 2, 2023, a reminder postcard was mailed to all Participating Class Members UN NY who have not cash their settlement check informing him or her that unless the check is cashed in KN NYO the next 60 days, it will expire and become non-negotiable. NYO on NO -3- SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS 14. The deadline for the Participating Settlement Class Members to cash their settlement award check was May 1, 2023; 180 days after its issuance. wonina NO 15. A total amount of $356,501.51 remains uncashed after the check cashing period. In WO accordance with the terms of the Parties’ Settlement Agreement, the necessary paperwork to report FF the unclaimed funds has been submitted to the California State Controller’s Office - Unclaimed vA Property Fund. 16. Per the State Controller’s Office of Unclaimed Property — Dormancy Periods, ILYM Group shall then hold the uncashed funds for one (1) year from the date of the notification, at which point ILYM Group will then be able to transmit the unclaimed amounts in the Class Member’s o name. ILYM Group estimates all unclaimed property from this Settlement shall be distributed to ee the State in approximately May 2024. ee I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct to the best of my knowledge and that this OO ee Declaration was executed this 16" day of May 2023, at Tustin, California. Oe Ay Oe Fe FF Y NAVA Fe F|— NO NO NO WN N N NO -4- SUPPLEMENTAL DECLARATION OF MADELY NAVA, ILYM GROUP, INC., REGARDING DISBURSEMENT OF THE SETTLEMENT FUNDS PROOF OF SERVICE F&F in NY STATE OF CALIFORNIA, COUNTY OF SAN DIEGO Ww I, Gerardo Galaviz, am employed in the County of San Diego, State of California. I am over wonNn the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, California 92037. vA On May 16, 2023, I served the document(s) described as: 1. SUPPLEMENTAL DECLARATION OF MADELY NAVA OF ILYM GROUP, INC., REGARDING DISBURSEMENT OF SETTLEMENT FUNDS oo X_ (BY ELECTRONIC SERVICE): Pursuant to an agreement between the Parties, I provided the documents referenced above electronically via electronic mail (e-mail) to counsel for CO Defendant at the following e-mail address(es): KF | LITTLER MENDELSON, P.C. Email: SF NY Keith Jacoby kjacoby@littler.com Fe WO Nathaniel H. Jenkins njenkins@littler.com Martell, Breanne bsmartell@littler.com FP FEF 500 Capitol Mall, Suite 200 Sacramento, CA 95814 vn FE SETAREH LAW GROUP Email: DH FF Shaun Setareh shaun@setarehlaw.com William M. Pao william@setarehlaw.com NH FF Nolan Dilts nolan@setarehlaw.com fB KF 9665 Wilshire Blvd., Suite 430 jose@setarehlaw.com Beverly Hills, CA 90212 calendar@setarehlaw.com CO KH FD NO —|§ NO X__ (State): I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ND ND WO Executed on May 16, 2023, at San Diego, California. YD FF NO afand, RAO aA NY Nn NYO Gerardo Galaviz NY ori No PROOF OF SERVICE 1 Case No. 34-2017-00210560-CU-OE-GDS