Motion,Ex Parte: Andrea Spears vs. Health Net of California Inc

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 1   TIMOTHY J. LONG (STATE BAR NO. 137591)
     tjlong@orrick.com
 2   ORRICK, HERRINGTON & SUTCLIFFE LLP
     400 Capitol Mall, Suite 3000
 3   Sacramento, CA 95814-4497                                              ^•^•^S-C C G ' i ^ -        .
     Telephone: +1 916 447 9200
4    Facsimile:    +1 916 329 4900
 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
     stephanie.lee@onrick.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 Attorneys for Defendant
     HEALTH NET OF CALIFORNIA, INC.
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11                       SUPERIOR COURT OF THE STATE OF CALIFORNIA

12                                      COUNTY OF SACRAMENTO

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     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 NOTICE OF MOTION
                                                              AND MOTION TO SEQUENCE
16                                                            DISCOVERY                                      til
            v.
17   HEALTH NET OF CALIFORNIA, INC., a                        Date:      February 15, 2018
     Califomia Corporation; and Does 1 through 50,            Time:      9:30 a.m.                           CQ
18   inclusive,                                               Judge:     Hon. Alan G. Perkins
                                                              Dept.:     35
19                      Defendants.
                                                              Complaint Filed:             April 5,2017
20                                                            FAC Filed:                   June 29,2017
                                                              Consolidated Complaint Filed: Dec 21,2017
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                                                              Complaint Filed: August 1,2017
22   TOMAS R. ARANA, on behalf of himself, all
     others similarly situated.
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                        Plaintiff,
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     HEALTH NET OF CALIFORNIA, INC., a
26   Califomia corporation; and DOES 1-50,
     inclusive,
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                        Defendant.
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                        UKFIiNDANI S NOTICJf OI- MOIION AND MOI'ION 10SL-QU1:NCI-- DlSCOVr:HY
 1   TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
 2          PLEASE TAKE NOTICE that on February 15, 20018, at 9:30 a.m., or as soon thereafter
 3   as the matter may be heard in Department 35 of the Superior Court of the State of Califomia,
 4   County of Sacramento, Defendant Health Net of California, Inc. ("Health Net") will and hereby
 5   does move, pursuant to Code of Civil Procedure section 2019.020(b), goveming legal authorities
 6   and the Court's inherent authority, for an order sequencing discovery on seven categories of
 7   claims asserted by Plaintiffs Andrea Spears and Tomas Arana (collectively, "Plaintiffs"): (I)
 8   meal and rest break, (2) off-the-clock and (3) misclassification claims, and derivative (4) wage
 9   statement, (5) waitingtime,(6) unfair competition and (7) PAGA claims.
10          This motion is made on the grounds that good cause exists to sequence discovery so that
11   die parties first address whether cerlincation is appropriate and whether Plaintiffs have standing
12   to represent other allegedly aggrieved employees. Stmctunng discovery in this manner promotes
13   thejudicial economy, the convenience ofthe parties and the interests of justice contemplated in
14   Code of Civil Procedure section 2019.020. And, il avoids burdensome, costly and problematic
15   discovery, all ofwhich would be irrelevant if PlainlilTs cannot establish certification and that they
16   have standing to proceed on a representative basis.
17          This motion is based on this Notice of Motion, the accompanying Memorandum of Points
18   and Authorities, the Declarations of Diane C. Rodes, Chrissy Sneider, Ian G. Stewart and
19   Stephanie Gail Lee, and on any argument and evidence that may be presented at the hearing on
20   the motion.
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                        DEPENDANT'S N01ICE OP MCI ION AND MOTION TO SIIQUHNCE DISCOVL'RY
 1          Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of
 2   this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
 3   mlings for the department may be downloaded from the Court's public access site. Ifyou do not
 4   have online access, you may call the dedicated phone number for the department as referenced in
 5   the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day
 6   before die hearing and listen to the tentative mling. Ifyou do not call the court and the opposing
 7   party by 4:00 p.m. the court day before the hearing, no hearing will be held.
 8

 9 I Dated: January 23,2018                           ORRICK, HERRINGTON & SUTCLIFFE LLP
10
II
                                                                 STEPHANIE GAIL LEE
^2                                                                Attomeys for Defendant
                                                            HEALTH NET OF CALIFORNIA, INC.
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                       DEPENDANT'S NOTlCi; OT MOTION AND MOTION TO SEQUENCE DISCOVERY
 1                                  PROOF OF PERSONAL SERVICE
 2      1 am more than eighteen years old and not a party to Uiis action. My business address is Orrick,
 3   Herrington & Sutcliffe LLP, 777 South Figueroa Street, Suite 3200, Los Angeles, CA 90017. On
4    January 23,2018,1 caused to be served the following document(s):

 5              DEFENDANT'S NOTICE OF MOTION AND MOTION TO SEQUENCE
                DISCOVERY
 6
 7   on the interested parties by delivering true and correct copies thereof in sealed envelope(s) lo the
 8   following address(es):
 9         Shaun Setareh, Esq.                        Norman B. Blumenthal, Esq.
10         Setareh Law Group                          Blumenthal, Nordrehaug & Bhowmik
           9454 Wilshire Blvd. Suite 907              2255 Calle Clara
11         Beverly Hills, CA 90212                    U Jolla, CA 92037
           Tel: (310)888-7771                         Phone: (858)551-1223
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13          I declare under penalty of perjury under the laws of the State of Califomia that the abovc is
14   tme and correct.
15                  Executed on January 23,2018, at Los Angeles, Califomia.



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                                           PIIOOI-- OF PERSONAL SERVICE