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FILED
1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED
ljlong@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP '2018HAR-9 PH 3--05
400 Capitol Mall, Suile 3000
3 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200 " ^ l o S r V o f SACRAMENTO
4 Facsimile: +1 916 329 4900
. 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
slephanie.lee@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 Soulh Figueroa Street, Suile 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
II SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SACRAMENTO
13
ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560-
14 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
15 Plainliff, DECLARATION OF IAN G. STEWART
IN SUPPORT OF DEFENDANT'S
16 MOTION TO SEQUENCE DISCOVERY
17 HEALTH NET OF CALIFORNIA, INC., a Date: April 9, 2018
Califomia Corporalion; and Does 1 ihrough 50, Time: 9:00 a.m.
18 inclusive. Dept.: 54
19 Defendants. Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
20 Consolidated Complaint Filed: Dec. 21,2017
21
TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
22 others similarly situated,
CO Plaintiff,
23
<
24
z 25 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
inclusive,
<2 26
27 Defendant.
28
DECLARATION OF IAN G. STEWART IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
1 I, Ian G. Stewtul, declare:
2 1. Effective January 22, 2018, I was promoted to Manager for the Threat and
3 Vubcrability leam at Centene Coiporation ("Ccnlcnc"). Before that, I was n Project Lead for
4 Centene's Cyber Security Incident Response Team. I started in lhat lolc in July 2014 -firstos an
5 employee of Health Nel, Inc. ("HNI") and, following HNI's merger wilh Ccnlcnc, as nn
6 employee of Centene. As part of my job duties, I am generally familiar with data retrievable from
7 the computers wilhin Centene and its various companies, including HNI nnd its subsidiary, Hcailli
8 Net of Califomia, Inc. ("Health Net"). All of Ihe inforraation contained in this dcclarntion is
9 based upon my personal knowledge or, where context indicates, review of the records described
10 herein. If called and swom as a witness, I could and would competently testify to the matters in
11 this declaration.
12 2. I uudcisland lhat, in the abovc-rcfcrcnccd matter, Plaintiff Tomas Aianu has
13 requested that Health Net provide, for nearly 5,000 current and Ibmicr employees, all documenis
14 rcEccling each time he or she logged into and out of his or her computer between April 5, 2013
15 and the present. It is nol possible to obtain such data dating back to April 5, 2013. Rather, such
16 data is retrievable dating back to approximately November 2016 only.
17 3. Employees* computer log-on and log-off data between approximately November
18 2016 and November 2017 is archived in raw textfilesstored by day, nbt by person. Therefore, in
19 order tofilterthe data for n select 5,000 or so employees, I would need lo devise a query for my
20 computer lo search for them by Ihcir unique identification number, then cxlrncl oiil jusl Ihcir dalu,
21 and then putjusl their data into a new file.
22 4. All such data bct\vccn November 2017 and the present is stored in a computer
23 application called Splunk. In order to gather the data for these 5,000 or so employees, 1 would
24 similarly need lo devise an appropriate query.
25 5. Taking these steps to comply wilh Mr. Arana's rcquest would be very lime
26 consuming. Even assuming that I (or someone on my team) could dedicate 100% ofmy time to
27 this task, I eslimalc that it would take rouglily one month complete. However, given my and niy
28
DECLARATION OF IAN 0. STEWART IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENOi DISCOVERY
1 team's limited resouiccs and many other ongoing day-to-day tasks, 100% dedicalion - or
2 anything even close - is not feasible. Compliance would undoubtedly lake much longer.
3 I declare under penalty of perjury under the laws of the State of California and these
4 United Slates lhat the foregoing is tme and correct.
5 Executed this day of January, 2018 in l^tvcVip CD
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FILED 1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED ljlong@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP '2018HAR-9 PH 3--05 400 Capitol Mall, Suile 3000 3 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 " ^ l o S r V o f SACRAMENTO 4 Facsimile: +1 916 329 4900 . 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379) slephanie.lee@orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 Soulh Figueroa Street, Suile 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 II SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560- 14 of herself and on behalf of all persons similarly CU-OE-GDS situated, 15 Plainliff, DECLARATION OF IAN G. STEWART IN SUPPORT OF DEFENDANT'S 16 MOTION TO SEQUENCE DISCOVERY 17 HEALTH NET OF CALIFORNIA, INC., a Date: April 9, 2018 Califomia Corporalion; and Does 1 ihrough 50, Time: 9:00 a.m. 18 inclusive. Dept.: 54 19 Defendants. Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 20 Consolidated Complaint Filed: Dec. 21,2017 21 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 22 others similarly situated, CO Plaintiff, 23 < 24 z 25 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, inclusive, <2 26 27 Defendant. 28 DECLARATION OF IAN G. STEWART IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 1 I, Ian G. Stewtul, declare: 2 1. Effective January 22, 2018, I was promoted to Manager for the Threat and 3 Vubcrability leam at Centene Coiporation ("Ccnlcnc"). Before that, I was n Project Lead for 4 Centene's Cyber Security Incident Response Team. I started in lhat lolc in July 2014 -firstos an 5 employee of Health Nel, Inc. ("HNI") and, following HNI's merger wilh Ccnlcnc, as nn 6 employee of Centene. As part of my job duties, I am generally familiar with data retrievable from 7 the computers wilhin Centene and its various companies, including HNI nnd its subsidiary, Hcailli 8 Net of Califomia, Inc. ("Health Net"). All of Ihe inforraation contained in this dcclarntion is 9 based upon my personal knowledge or, where context indicates, review of the records described 10 herein. If called and swom as a witness, I could and would competently testify to the matters in 11 this declaration. 12 2. I uudcisland lhat, in the abovc-rcfcrcnccd matter, Plaintiff Tomas Aianu has 13 requested that Health Net provide, for nearly 5,000 current and Ibmicr employees, all documenis 14 rcEccling each time he or she logged into and out of his or her computer between April 5, 2013 15 and the present. It is nol possible to obtain such data dating back to April 5, 2013. Rather, such 16 data is retrievable dating back to approximately November 2016 only. 17 3. Employees* computer log-on and log-off data between approximately November 18 2016 and November 2017 is archived in raw textfilesstored by day, nbt by person. Therefore, in 19 order tofilterthe data for n select 5,000 or so employees, I would need lo devise a query for my 20 computer lo search for them by Ihcir unique identification number, then cxlrncl oiil jusl Ihcir dalu, 21 and then putjusl their data into a new file. 22 4. All such data bct\vccn November 2017 and the present is stored in a computer 23 application called Splunk. In order to gather the data for these 5,000 or so employees, 1 would 24 similarly need lo devise an appropriate query. 25 5. Taking these steps to comply wilh Mr. Arana's rcquest would be very lime 26 consuming. Even assuming that I (or someone on my team) could dedicate 100% ofmy time to 27 this task, I eslimalc that it would take rouglily one month complete. However, given my and niy 28 DECLARATION OF IAN 0. STEWART IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENOi DISCOVERY 1 team's limited resouiccs and many other ongoing day-to-day tasks, 100% dedicalion - or 2 anything even close - is not feasible. Compliance would undoubtedly lake much longer. 3 I declare under penalty of perjury under the laws of the State of California and these 4 United Slates lhat the foregoing is tme and correct. 5 Executed this day of January, 2018 in l^tvcVip CD