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06/17/2022
BLUMENTHAL NORDREHAUG BHOWMIK atumer4
DE BLOUW L L P
2 Kyle R. Nordrehaug (State Bar #205975)
2255 Calle Clara Case Number:
3 La Jolla, CA 92037 34-2017-0021056fl|
Telephone: (858)551-1223
4 Facsimile: (858) 551-1232
Email: Kyle@bamlawca.com
• 5.Website: www.bamlawca.com
6 SETAREH LAW GROUP
Shaun Setareh (SBN 204514)
7 shaun@setarehlaw.com
9665 Wilshire Blvd., Suite 430
8 Beverly Hills, California 90212
Telephone: (310) 888-7771
>- 9 Fax:(310)888-0109
CQ
10 Attorneys for Plaintiffs
11
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
COUNTY OF SACRAMENTO
14
ANDREA SPEARS, an individual, on behalf CaseNo. 34-2017-00210560-CU-OE-GDS
15 of herself and on behalf of all persons
similarly situated. DECLARATION OF MADELY NAVA OF
16 I L Y M GROUP, INC., IN SUPPORT O F
MOTION FOR FINAL APPROVAL OF
17 Plaintiff,
CLASS ACTION S E T T L E M E N T
18 Date: July 12, 2022
HEALTH NET OF CALIFORNIA, INC., a Time: 9:00 a.m.
19
California Corporation; and Does 1 through
20 50, inclusive. Judge: Jill H. Talley
Dept.: 25
21 Defendants
22
23 TOMAS R. ARANA, on behalf of himself, all
others similarly situated,
24 Plainfiff,
•25 V.
26 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
27 Inclusive,
Defendant.
28
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Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS
1 I, Madely Nava declare as follows:
2 1. I am a resident of the United States of America and am over the age of 18. I am a
3 Case Manager for ILYM Group, Inc., (herein after referred to as "ILYM Group"), the
4 professional settlement services provider who has been retained by the Parties' Counsel and
5 subsequently appointed by the Court to serve as the Claims Administrator for the above captioned
6 Spears v. Health Net of California, Inc. matter. I am authorized to make this declaration on
7 behalf of ILYM Group and myself I have personal knowledge of the facts herein, and, if called
8 upon to testify, I could and would testify competently to such facts.
9 2. ILYM Group has extensive experience in administering Class Acfion Settlements,
10 including direct mail services, database management, claims processing and settlement fund
11 distribution services for Class Actions ranging in size from 26 to 4.5 million Settlement Class
12 Members.
13 3. ILYM Group was engaged by the Parties' Counsel and subsequently approved
14 and appointed by the Court to provide notification services and clairns adrriinistration, pursuant
15 to the terms of the Settlement, in the above referenced Action. Duties performed to-date and to
16 be performed after Final Approval of the Settlement is granted, include: (a) printing and mailing
17 the Notice of Proposed Settlement of Class Action and Hearing Date for Final Court Approval
18 (referred to as "Notice Packet"); (b) receiving and processing requests for exclusion; (c)
19 resolving Settlement Class Members' disputes over the number of workweeks Defendants have
20 record of them working during the Class Period, which was pre-printed on their individualized
21 Class Notice; (d) calculating individual settlement award amounts; (e) processing and mailing
22 settlement award checks; (0 handling tax withholdings as required by the Settlement and the
23 law; (g) preparing, issuing and filing tax returns and other applicable tax forms; (h) handling the
24 distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) performing
25 other tasks as the Parties mutually agree to and/or the Court orders ILYM Group to perform.
26 4. On March 15, 2022, ILYM Group received the Court approved text for the Notice
27 Packet from Counsel for Plaintiff. ILYM Group prepared a draft of the formatted Notice Packet,
28 which was approved by the Parties' Counsel prior to mailing.
-2-
Declaration of Madely Nava CaseNo. 34-2017-00210560-CU-OE-GDS
5. On March 24, 2022, ILYM Group received the class data file from Counsel for
2 Defendants,'which contained the name, social security number, last known mailing address, and
3 the total number of applicable workweeks worked for each Settlement Class Member. The data
4 file was uploaded to our database and checked for duplicates and other possible discrepancies.
5 The Class List contained 5,266 individuals.
6 6. As part of the preparation for mailing, all 5,266 names and addresses contained in
7 the Class List were then processed against the National Change of Address ("NCOA") database,
8 maintained by the United States Postal Service ("USPS"), for purposes of updating and
9 confirming the mailing addresses of the Settlement Class Members before mailing of the Notice
10 Packet. The NCOA contains requested change of addresses filed with the USPS. To the extent
ll that an updated address was found in the NCOA database, the updated address was used for the
12 mailing of the Notice Packet, to the extent that no updated address was found in the NCOA
13 database, the original address provided by Counsel for Defendants was used for the mailing of
14 the Notice Packet.
15 7. On April 7, 2022, the Notice Packet was mailed, via U.S First Class Mail, to all
16 5,266 individuals contained in the Class List. Attached hereto, as Exhibit A, is a true and
17 correct copy of the mailed Notice Packet.
18 8. As of the date of this declaration, 354 Notice Packets have been retumed to our
19 office as undeliverable. Of the 354 retumed Notice Packets, none included a forwarding address.
20 ILYM Group performed a computerized skip trace on the 354 retumed Notice Packets that did
21 not have a forwarding address, in an effort to obtain an updated address for purpose of re-mailing
22 the Notice Packet. As a result of this skip trace, 277 updated addresses were obtained and the
23 Notice Packet was promptly re-mailed to those Settlement Class Members, via U.S First Class
24 Mail.
25 9. As of the date of this declaration, a total of 277 Notice Packets have been re-
26 mailed. Specifically, 277 have been re-mailed as a result of ILYM Group's skip tracing efforts.
27 10. As of the date of this declaration, a total of 77 Notice Packets have been deemed
28 undeliverable. Specifically, 77 have been deemed undeliverable as no updated address was
-3 -
Declarationof Madely Nava CaseNo. 34-2017-00210560-CU-OE-GDS
found notwithstanding the skip tracing.
2 11. As of the date of this declaration, ILYM Group has not received any requests for
3 exclusion. The deadline to request exclusion from the Settlement was May 23, 2022.
4 12. As of the date of this declaration, ILYM Group has received 2 objections to the
5 Settlement. The deadline to file an objection to the Settlement was May 23, 2022. Attached
6 hereto, as Exhibit B, is a true and correct copy of the received objections.
7 13. As of the date of this declaration, ILYM Group will report a total of 5,266
8 Participating Class Members, represenfing 100% of the 5,266 Settlement Class Members.
9 14. Participating Class Members will receive a proportional share of the Net
10 Settlement Amount through individual settlement payments, based on the number of workweeks
11 worked by Class Members during the Class Period. The Net Setfiement Amount is the amount
12 remaining after deduction of the Court-approved payments from the Gross Settlement Amount for
13 Class Counsel Fees and Litigation Expenses Payments, the Class Representafive Service
14 Payments, Settlement Administration Expenses to ILYM Group, and the PAGA Payment
15 allocation, e.g.,
16 Gross Settlement Amount $5,000,000.00
17 Class Counsel Fees $1,666,666.00
18 Class Counsel Expenses $ 140,000.00
19 Class Representative Service Payment $10,000.00
20 Class Representative Service Payment $10,000.00
21 ILYM Group Fees $50,000.00
22 PAGA Payment Allocation to LWDA $112^500.00
23 PAGA Payment AUocafion to Aggrieved Employees $37,500.00
24 Net Settlement Amount 52,973,334.00
25 To determine a Participating Class Members individual settlement award payment, the
26 distribution shall be divided among all Class Members on a pro rata basis, based on the ratio of
27 the Applicable Workweeks worked by each Class Member during the Class Period, to the total
28 number of Applicable Workweeks worked by all Class Members during the Class Period. Based
-4-
Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS
on these calculations, the Participating Class Members will receive an esfimated average gross
2 payment of $541.52, with the estimated highest gross payment being $1,416.31.
3 15. ILYM Group's total fees and costs for services in connection with the
4 administration of this Settlement, which includes fees and costs incurred to-date, as well as
5 anticipated fees and costs for completion of the settlement administration, are $50,000.00. ILYM
6 Group's work in connection with this matter will continue with the calculafion of the settlement
7 award payments, issuance and mailing of the settlement award checks, the necessary tax filing
8 and reporting on such payments, and any other tasks that the Parties mutually agree to and/or the
9 Court orders ILYM Group to perform.
10 I declare under penalty of perjury under the laws of the State of California and the United
11 States that the foregoing is true and correct and that this Declaration was executed this 14"^ day of
12 June 2022, at Tustin, Califomia.
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-5-
Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS
EXHIBIT "A"
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND HEARING DATE FOR FINAL COURT APPROVAL
{Spears v. Health Net of California, Inc., Superior Court of the State of Caiifornia,
County of Sacramento Case No. 34-2017-00210560-CU-OE-GDS, consolidated with
Arana v. Health Net ofCalifornia, Inc., Case No. 34-2017-00216685)
YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE
READ THIS NOTICE CAREFULLY.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: ;!
Do Nothing and To receive a cash payment from the Settlement, you do not have to do anything.
Receive a Payment Your estimated Settlement Share is: $«Total_Estimated_Settlement_Amount».
See the explanation in Section 5 below.
If you do nothing, you will be considered a Participating Class Member and will be
part of the Settlement as explained more fully below. After final approval by the
Court, the payment will be mailed to you at the same address as this notice. In
exchange for the Settlement Share payment, you will be considered a Participafing
Class Member and will release the Released Class Claims and Released PAGA
Claims as detailed in Section 4 below. If your address has changed, you must
notify the Settlement Administrator as explained in Section 6 below.
Exclude Yourself To exclude yourself, you must send a written request for exclusion to the Settlement
Administrator as provided below. If you request exclusion, you will receive no
money from the Settlement and you will not be bound by the Settlement.
However, if you are an Aggrieved Employee who opts out, you will sfill be paid
your allocation of the PAGA Payment and will remain bound by the release of the
Released PAGA Claims regardless of whether you submit a request for exclusion.
If you choose to do so, you must notify the Settlement Administrator as explained in
Section 7 below.
Object and Receive a Write to the Court about why you do not agree with the settlement or appear at the
Payment Final Approval Hearing to make an oral objection. You will still receive a payment
and will release your claims if the Court approves the Settlement over your
objecfion.
Instructions are provided in Section 8 below.
Your opfions are further explained in this Class Notice. To exclude yourself from, or object to, the settlement
you must take action by certain deadlines. If you want the Settlement as proposed, you don't need to do
anything to obtain your share of the Settlement. Defendant will not retaliate against you for any actions you take
with respect to the Settlement.
Why did I get this Notice?
A proposed class action settlement (the "Settlement") of the above-captioned action pending in the Superior
Court of the State of California, in and for the County of Sacramento (the "Court") has been reached between
Plaintiffs Andrea Spears and Tomas R. Arana ("Plaintiffs") and Defendant Health Net of Califomia, Inc.
("Defendant") and has been granted preliminary approval by the Court. You may be entitled to receive money
from this Settlement.
ILYM ID: «ILYMJD»
«PC»
You have received this Class Notice because you have been identified as a member of the Class, which is
defined as:
All individuals who are or previously were employed by Defendant in Califomia and who were
classified as non-exempt employees at any time during the Class Period and who did not
previously opt out of the Class post-Class Certificafion.
The Class Period is April 5, 2013 through October 8, 2019.
This Class Notice explains the lawsuit, the Settlement, and your legal rights. It is important that you
read this Class Notice carefully as your rights may be affected by the SettlemenL
' 2.^-Whatls-this class •actiohlawsuifaboUt?-'"; ,. .- y"."'' '>/".••]•': •/'^'''.':>''."/^•''Ir-':'':
On April 5, 2017, plaintiff Andrea Spears filed a Complaint against Defendant in the Superior Court of the State
of Califomia, County of Sacramento {"Spears Action"). On August I , 2017, plaintiff Tomas R. Arana filed a
Complaint against Defendant in the Superior Court of the State of California, County of Sacramento {"Arana
Action"). The Court consolidated the Spears Action and the Arana Action, and on December 21, 2017,
Plaintiffs filed a Consolidated Complaint against Defendant asserting claims that Defendant: engaged in unfair
competition, failed to pay wages, failed to provide required meal periods, failed to provide required rest periods,
failed to provide accurate itemized wage statements, failed to timely pay wages at termination, and violated the
Private Attorneys General Act (Labor Code §§ 2698, et seq.) ("PAGA") based upon the above alleged
violations. Together, the Spears Action and the Arana Action are referred to as the "Action". On October 8,
2019, the Court granted class certification in the Action.
Defendant denies and disputes all such claims. Specifically, Defendant contends that Plaintiffs and the Class
Members were properly compensated for wages under Califomia law; that Plaintiffs and the Class Members
were provided with meal and rest periods in compliance with Califomia law; that Defendant complied with
Califomia wage statement requirements; that Defendant is not liable for any of the penalties claimed or that
could be claimed in the Acfion; and that this Action cannot be maintained as a class action.
The Court granted preliminary approval of the Settlement on March 10, 2022. At that time, the Court also
preliminarily approved the Plaintiffs to serve as the Class Representatives, and the law firms Blumenthal
Nordrehaug Bhowmik De Blouw LLP and Setareh Law Group to serve as Class Counsel. ,
:3.'^'\'"Whafiare the.'teriri's ofthe l^ettlement?;:"-.'""-•'1->\f .. >''V."^yy^ '^-rv'/N/'v.v-'Q,^
Gross Settlement Amount. Defendant has agreed to pay an "all in" amount of Five Million Dollars
($5,000,000) (the "Gross Settlement Amount") to fund the settlement of the Action. The Gross Settlement
Amount includes all payments of Settlement Shares to Class Members contemplated by the Settlement, the
Settlement Administration Expenses, Class Counsel Fees Payment, Class Counsel Lifigation Expenses
Payment, Class Representative Service Payments, and the PAGA Payment for civil penalties. Any employer-
side' payroll taxes on the portion of the Settlement Shares allocated to wages shall be separately paid by
Defendant.
Within fifteen (15) days of the Judgment becoming Final, Defendant will fund the Gross Setfiement Arriount by
depositing the money with the Settlement Administrator. "Final" means the date that is 61 days after the
Judgment is entered, or if there are objections or any appeal, the date the Judgment is no longer subject to
appeal. Fifteen (15) days after the settlement is funded, the Settlement Administrator will mail checks for the
Settlement Shares to Participafing Class Members.
Amounts to be Paid From the Gross Settlement Amount. The proposed payments subject to Court approval will
be deducted from the Gross Settlement Amount before Settlement Shares are made to Class Members who do
not request exclusion ("Participating Class Members"):
2 'LYM ID: «ILYM_ID»
«PC»
Settlement Administration Expenses. Payment to the Settlement Administrator, estimated not to exceed
$55,000, for expenses, including without limitation expenses of notifying the Class Members of the
Settlement, processing opt outs, and distributing Settlement Shares and tax forms, and handling inquiries
and uncashed checks.
Class Counsel Fees Pavment and Class Counsel Litigafion Expenses Pavment. Payment to Class
Counsel of reasonable attorneys' fees not to exceed one-third (1/3) of the Gross Settlement Amount,
which is presently $1,666,666 and an additional amount to reimburse actual litigation costs incurred by
the Plaintiffs not to exceed $140,000. Class Counsel has been prosecuting the Action on behalf of
Plaintiffs and the Class on a contingency fee basis (that is, without being paid any money) and has been
paying all litigation costs and expenses. The amounts stated are what Class Counsel will be requesting
and the final amounts to be paid will be decided at the Final Approval Hearing. The Class Counsel Fees
Payment shall be allocated 50% to Blumenthal Nordrehaug Bhowmik De Blouw LLP and 50% to
Setareh Law Group.
Class Representative Service Pavments. Class Representative Service Payments in an amount not to
exceed Ten Thousand Dollars ($10,000.00) each to the Plaintiffs, or such lesser amount as may be
approved by the Cburt, to compensate them for services on behalf of the Class in initiating and
prosecuting the Action, and for the risks they undertook. The amount stated is what Plaintiffs will be
requesting and the final amount to be paid will be decided at the Final Approval Hearing.
PAGA Pavment. A payment of $150,000 relating to the claim for penalties under the Private Attorney
Generals Act ("PAGA"), $112,500 of which will be paid to the State of Califomia's Labor and
Workforce Development Agency ("LWDA Payment"). The remaining $37,500 will be distributed to
the Aggrieved Employees based on their respective pay periods worked during the PAGA Period (April
5, 2016 through June 8, 2021). "Aggrieved Employees" are all individuals who are or previously were
employed by Defendant in Califomia and who were classified as non-exempt employees at any time
during the PAGA Period. All Aggrieved Employees will be sent their share of the PAGA Payment and
will be subject to the release of the Released PAGA Claims as set forth below, whether or not they opt
out of the Settlement.
Calculation of Payments to Class Members. After all of the payments of the Court-approved Class Counsel
Fees Payment, Class Counsel Litigation Expenses Payment, the Class Representative Service Payments, the
PAGA Payment, and the Settlement Administration Expenses are deducted from the Gross Settlement Amount,
the remaining portion, called the "Net Settlement Amount", shall be distributed as Settlement Shares to the
Participating Class Members. The Net Settlement Amount is estimated to be at least $2,968,334, based upon
the above proposed deductions. The Settlement Administrator will pay a Settlement Share from the Net
Settlement Amount to each Participating Class Member, which shall be calculated as follows: (a) the Settlement
Administrator shall divide the Net Settlement Amount by the total number of workweeks to determine a dollar
amount per week ("Weekly Rate"); and (iii) the Settlement Administrator shall then take the number of weeks
worked by each Participating Class Member and multiply it by the Weekly Rate to calculate their Settlement
Share.
If the Settlement is approved by the Court and you do not exclude yourself, you will automatically be
mailed a check for your Settlement Share to the same address as this Class Notice. You do not have to do
anything to receive a payment. If your address has changed, you must contact the Settlement Administrator to
inform them of your correct address to ensure you receive your payment.
Tax Matters. One-Third (1/3) of each Participating Class Member's Settlement Share is in settlement of wage
claims (the "Wage Portion"). Accordingly, the Wage Portion is subject to wage withholdings, and shall be
reported on IRS Form W-2. Two-Thirds (2/3) of each Participating Class Member's Settlement Share is in
settlement of claims for interest and penalties allegedly due to employees (collectively the "Non-Wage
Portion"). The Non-Wage Portion shall not be subject to wage withholdings, and shall be reported on IRS Form
3 ILYM ID: «ILYM_ID»
«PC»
1099. The employee portion of all applicable income and payroll taxes will be the responsibility of the
Participating Class Members. Neither Class Counsel nor Defendant's Counsel intend anything contained in this
Notice to constitute advice regarding taxes or taxability. The tax issues for each Participating Class Member are
unique to him/her, and each Participating Class Member may wish to consult a tax advisor concerning the tax
consequences of the payments received under the Settlement.
Conditions of Settlement. This Settlement is conditioned upon the Court granting final approval of the
Settlement and entering the Judgment.
What Do I Release Under the Settlement?
Released Class Claims. Upon entry of the Judgment, all Participating Class Members shall release Defendant
and the Released Parties from all class claims which were pled or could have been pled based on the factual
allegations contained in the operative complaint or any amendments thereto which occurred during the Class
Period, and expressly excluding all other claims, including all claims alleged in Carranza v. Health Net of
California, Inc. (Los Angeles Superior Court, Case No. 20STCV14774) {^'Carranza Action") and Alvarez v.
Health Net of California, Inc. (Sacramento Superior Court, Case No. 34-2020-00289192) (^'Alvarez Action"),
claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, and
workers' compensation, and class claims outside of the Class Period ("Released Class Claims"). Released
Class Claims include known and unknown claims as described in this paragraph.
This means that, if you do not timely exclude yourself from the Settlement, you cannot sue, continue to sue, or
be part of any other lawsuit, administrative action, arbitration, or class or collective action against Defendant
and any other Released Party about Released Class Claims resolved by this Settlement. It also means that all of
the Court's orders in this Action will apply to you and legally bind you.
Released PAGA Claims. Upon entry of the Judgment, Defendant and the Released Parties shall receive a
release from the State of California of all PAGA claims which were pled or which could have been pled based
on the factual allegations contained in the operative complaint or any amendments thereto and PAGA letters
sent by Plaintiffs that occurred during the PAGA Period and excluding all PAGA claims outside ofthe PAGA
Period and all PAGA claims alleged in the Carranza Action and the Alvarez Action ("Released PAGA
Claims"). The release of the Released PAGA Claims shall be effecfive as to all Aggrieved Employees,
regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class post-Class
Certification or post-Settlement Released PAGA Claims include known and unknown claims as described in
this paragraph.
5^ Hbw much will my payment-be?
The Weekly Rate is estimated to be $4.12. Defendant's records reflect that you have worked
«Class Workweeks_451310819» weeks for Defendant during the Class Period (April 5, 2013 through
October 8, 2019).
Based on this information, your estimated Settlement Share from the Net Settlement Amount is
$«Total_Estimated_Settlement_Amount».
If you wish to challenge the information set forth above, then you must submit a written and signed dispute
challenging the information along with supporting documents, to the Settlement Administrator at the address
provided in this Class Notice no later than May 23, 2022.
6. - How can I get a payment?
To get money from the settlement, you do not have to do anything. A check for your Settlement Share will be
mailed automatically to the same address as this Class Notice. If your address is incorrect or has changed, you
ILYM ID: «ILYM_ID»
«PC»
must notify the Settlement Adniinistrator. The Settlement Administrator can be contacted at: ILYM Group,
Inc., P.O. Box 2031, Tustin, CA 92781 or (888) 250-6810.
The Court will hold a Final Approval Hearing on July 12, 2022, at 9:00 a.m. to decide whether to approve the
Settlement and fix the amounts to be paid as attorneys' fees and costs to Class Counsel and as service awards to
the Plaintiffs. If the Court approves the Settlement and there are no objections or appeals, payments will be
mailed approximately three months after this hearing. If there are objections or appeals, resolving them can
take time, usually more than a year. Please be patient.
,'7. • What if I don't want to be, a pa^
i^^^^^ Settlemienf?^
If you do not wish to participate in the Settlement, you may exclude yourself from the Settlement or "opt out."
If you opt out, you will not receive a Settlement Share from the Settlement, and you will not be bound by
the Settlement which means you will retain the right to sue Defendant for Released Class Claims.
However, Aggrieved Employees who opt out will still be paid their allocation of the PAGA Payment and will
remain bound by the release of the Released PAGA Claims regardless of whether they submit a request for
exclusion.
To opt out, you must mail to the Settlement Administrator, by First Class Mail, a written, signed and dated
request to opt-out postmarked no later than May 23, 2022. The request to opt-out must be received by the
Settlement Administrator by the deadline and should: (1) contain a clear statement that you are requesfing to opt
out of, or be excluded from the Class and Released Class Claims in the Spears v. Health Net of California
lawsuit; (2) contain the name, address, and the last four digits of the Social Security Number of the person
requesting exclusion; (3) state the Class Member's request to exclude himself or herself from the Settlement and
to opt out of the Settlement; and (4) be signed by the Class Member. Please include the name and number of
the case, which is Spears v. Health Net of California, Case No. 34-2017-00210560. The request to opt-out must
be signed by you. No other person may opt-out for a living member of the Class.
The address forthe Settlement Administrator is ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92781. Written
requests for exclusion that are postmarked after May 23, 2022, that are incomplete or unsigned, or that are made
by Class Members who previously received notice may be rejected; and if so, those Class Members will remain
bound by the Settlement and the Released Class Claims described above, except that an Aggrieved Employee
will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released
PAGA Claims regardless of their request for exclusion.
:8.. Hovv do l tell the Court that I don't agree with the Settlement?
Any Class Member who has not opted out and believes that the Settlement should not be finally approved by
the Court for any reason may object to the proposed Settlement, the attorneys' fees, the costs and/or the service
awards, either in writing or in person. Objections that are in writing should state the Class Member's name,
current address, telephone number, and the dates of employment in Califomia by Defendant, and describe why
you believe the Settlement is unfair. All written objections or other correspondence should also state the name
and number of the case, which is Spears v. Health Net of California, in the Superior Court of the State of
Califomia, County of Sacramento, Case No. 34-2017-00210560.
All written objecfions must be mailed to the Settlement Administrator at ILYM Group, Inc., P.O. Box 2031,
Tustin, CA 92781, no laterthan May 23, 2022.
Alternatively, Class Members may appear remotely at the Final Approval Hearing on July 12, 2022, at 9:00
a.m. to make an oral objection without submitting a written objecfion. Currently, only remote appearances at
the hearing are allowed. To appear at the hearing, you must make an appearance through Zoom. Check the
Court's tentative ruling website for the most current information on how to appear.
ILYM ID: «ILYMJD»
«PC»
To object to the Settlement, you must not opt out, and if the Court approves the Settlement despite your
objection, you will be bound by the terms of the Settlement in the same way as Class Members who do not
object and you will sfill be mailed a check for your Settlement Share.
The addresses for Parties' counsel are as follows:
Class Counsel:
Norman Blumenthal Shaun Setareh
Kyle Nordrehaug William M. Pao
Blumenthal Nordrehaug Bhowmik Nolan Dilts
De Blouw LLP Setareh Law Group
2255 Calle Clara 9665 Wilshire Blvd., Suite 430
La Jolla, CA 92037 Beverly Hills, CA 90212
Tel: 858-551 -1223 / Fax: 858-551 -1232 Tel.: (310) 888-7771
Email: norm@bamlawca.com E-Mail: shaun@,setarehlaw.com
kvle@bamlawca.com william@setarehlaw.com
Website: www.bamlawca.com nolan@setarehlaw.com
Counsel for Defendant:
Keith Jacoby
Nathaniel Jenkins
Littler Mendelson, P.C.
2049 Century Park East, 5"" Floor
Los Angeles, CA 90067
9. .' When and where will the Court decide whether:to appi'ove the Settlemient?
The Court will hold a Final Approval Hearing at 9:00 a.m. on July 12, 2022, at the Sacramento County Superior
Court, located at 720 9th Street, Sacramento, CA 95814, in Department 54 before Judge Christopher E.
Krueger. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The
purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement and to fix
the amounts to be paid as attorneys' fees and costs to Class Counsel and as service payments to Plaintiffs. If
there are objections, the Court vyill consider them. This hearing may be rescheduled by the Court without
further notice to you. If you are interested in participating in the Final Approval Hearing, you should confirm
the date, time and location by contacting Class Counsel. You are not required to attend the Final Approval
Hearing, although any Class Member is welcome to attend the hearing remotely using the Court's Zoom
procedure. In addition, hearing dates and documents are posted on the Case Access page for the Califomia
Superior ' Court for the County of Sacramento
(https://services.saccourt.ca.gov/PublicCaseAccess/Civil/SearchByCaseNumber) and entering the Case No. 34-
2017-00210560.
10; How do I get more informatiori about the Settlement?' " '•:'•'•'•"•-\"}:^:-'--:-'' - ; i >J,
You may call the Settlement Administrator at (888) 250-6810 or write to Spears v. Health Net of California
Settlement Administrator, c/o ILYM Group, Inc., P.O. Box 2031, Tusfin, CA 92781; or contact Class Counsel
as noted above.
This Class Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You
may receive a copy of the Settlement Agreement, the Judgment, the motion for attorneys' fees, costs arid service
awards, the motion for final approval, or other Settlement documents by going to the Settlement
g ILYM ID: «ILYMJD»
«PC»
Administrator's website at www.ilymgroup.com/healthnet. You may also get more details by examining the
Court's file on the Internet via the Case Access page for the Califomia Superior Court for the County of
Sacramento (https://services.saccourt.ca.gov/PublicCaseAccess/Civil/SearchByCaseNumber) and entering the
Case No. 34-2017-00210560. If you wish to view the Court files in person, documents may be reviewed during
regular office Hours, 9:00 a.m. to 4:00 p.m., Monday through Friday, at the Office of the Clerk, Room 102, located at
720 9th Street, Sacramento, CA 95814.
PLEASE DO NOT CALL THE COURT ABOUT THIS NOTICE.
IMPORTANT:
• You must inform the Settlement Administrator of any change of address to ensure receipt of your
settlement payment.
• Settlement checks will be null and void 180 days after Issuance if not deposited or cashed, and this
expiration date will be printed on the check. In such event, the Settlement Administrator shall pay all
unclaimed funds to the paid to the Califomia Controller's Unclaimed Property Fund in the name of the
Participating Class Member where the funds can be claimed.
• If your check is lost or misplaced, you should contact the Settlement Administrator immediately to
request a replacement.
ILYM ID: «ILYM_ID»
«PC»
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND HEARING DATE FOR FINAL COURT APPROVAL
{Spears v. Health Net of CaHfornia, Inc., Superior Court of the State ofCalifornia,
County of Sacramento Case No. 34-2017-00210560-CU-OE-GDS, consolidated with
Arana v. Health Net ofCalifornia, Inc., Case No. 34-2017-00216685)
YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE
READ THIS NOTICE CAREFULLY.
SUMMARYAOF YOUR LEGAL RIGHTS ANI> OPTIONS IN THIS SETTLEMENTr^^^^
Do Nothing and To receive a cash payment from the Settlement, you do not have to do anything.
Receive a Payment Your estimated Settlement Share is: $ « estimated settlement amount » . See the
explanation in Section 5 below.
If you do nothing, you will be considered a Participating Class Member and will be part
of the Settlement as explained more fully below. After final approval by the Court, the
payment will be mailed to you at the same address as this notice. In exchange for the
Settlement Share payment, you will be considered a Participating Class Member and
will release the Released Class Claims and Released PAGA Claims as detailed in
Section 4 below. If ypur address has changed, you must notify the Settlement
Administrator as explained in Secfion 6 below.
Exclude Yourself The Parties' records indicate that you were already sent notice of this class action
in January 2020 and provided with an opportunity to exclude yourself. You did not
opt out. As a result, you cannot request exclusion at this time.
Object and Receive Write to the Court about why you do not agree with the settlement or appear at the Final
a Payment Approval Hearing to make an oral objection. You will still receive a payment and will
release your claims if the Court approves the Settlement over your objection.
Instructions are provided in Section 8 below.
Your options are further explained in this Class Notice. To exclude yourself from, or object to, the settlement
you must take action by certain deadlines. If you want the Settlement as proposed, you don't need to do
anything to obtain your share of the Settlement. Defendant will not retaliate against.you for any actions you take
with respect to the Settlement.
iX-•-vv^hy.didi^getithis Nbii«r''y-.'• •••• ''""z>
«PC»
Conditions of Settlement. This Settlement is conditioned upon the Court granting final approval of the
Settlement and entering the Judgment.
4, What Do IRelease Under the Settlement?
Released Class Claims. Upon entry of the Judgment, all Participating Class Members shall release Defendant
and the Released Parties from all class claims which were pled or could have been pled based on the factual
allegations contained in the operative complaint or any amendments thereto which occurred during the Class
Period, and expressly excluding all other claims, including all claims alleged in Carranza v. Health Net of
California, Inc. (Los Angeles Superior Court, Case No. 20STCV14774) {^'Carranza Action") and Alvarez v.
Health Net ofCalifornia, Inc. (Sacramento Superior Court, Case No. 34-2020-00289192) {^^Alvarez Action"),
claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, and
workers' compensation, and class claims outside of the Class Period ("Released Class Claims"). Released
Class Claims include known and unkriown claims as described in this paragraph.
This means that, if you do not timely exclude yourself from the Settlement, you cannot sue, continue to sue, or
be part of any other lawsuit, administrative action, arbitration, or class or collective action against Defendant
and any other Released Party about Released Class Claims resolved by this SettlemenL It also means that all of
the Court's orders in this Action will apply to you and legally bind you.
Released PAGA Claims. Upon entry of the Judgment, Defendant and the Released Parties shall receive a
release from the State of California of all PAGA claims which were pled or which could have been pled based
on the factual allegations contained in the operative complaint or any amendments thereto and PAGA letters
sent by Plaintiffs that occurred during the PAGA Period and excluding all PAGA claims outside of the PAGA
Period and all PAGA claims alleged in the Carranza Action and the Alvarez Action ("Released PAGA
Claims"). The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees,
regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class post-Class
Certification or post-Settlement. Released PAGA Claims include known and unknown claims as described in
this paragraph.
5. How in uch will my payriierit be?
The Weekly Rate is estimated to be $4.12. Defendant's records reflect that you have worked
«workweeks» weeks for Defendant during the Class Period (April 5, 2013 through Octbber 8, 2019).
Based on this information, your estimated Settlement Share from the Net Settlement Amount is
$«estimated settlement amount». '
If you wish to challenge the information set forth above, then you must submit a written and signed dispute
challenging the information along with supporting documents, to the Settlement Administrator at the address
provided in this Class Notice no later than May 23, 2022.
.'6.-::'''-How^canT.geta paiyirierit?^,'.-.: : " '-'V-' ' - ' '\^i'-}'
To get money from the settlement, you do not have to do anything. A check for your Settlement Share will be
mailed automatically to the same address as this Class Notice. If your address is incorrect or has changed, you
must notify the Settlement Administrator. The Settlement Administrator can be contacted at: ILYM Group,
Inc., P.O. Box 2031 Tustin, CA 92781 or (888) 250-6810.
The Court will hold a Final Approval Hearing on July 12, 2022, at 9:00 a.m. to decide whether to approve the
Settlement andfixthe amounts to be paid as attorneys' fees and costs to Class Counsel and as service awards to
the Plaintiffs. If the Court approves the Settlement and there are no objections or appeals, payments will be
ILYM ID: «ILYM I D »
«PC»
mailed approximately three months after this hearing. If there are objections or appeals, resolving them can
take time, usually more than a year. Please be patient.
• 7. '. What ifl'dbia^ti'want t6.be^-part-6f^the'Settli^ment?.;^:'^^^ ^.^^.-y^'^'f^v^ff
The Parties' records indicate that you were already sent notice of this class action in January 2020 and
provided with an opportunity to exclude yourself. You did not opt out. As a result, you cannot request
exclusion at this time. Only individuals who were not sent notice in January 2020 can opt out now.
8.; . Hbw do I tell the Court that Ldbri't agree with the Settlemierit^ : ^ : ' " :/ ^ ^ ". ' '' . -,
Any Class Member who has not opted out and believes that the Settlement should not be finally approved by
the Court for any reason may object to the proposed Settlement, the attorneys' fees, the costs and/or the service
awards, either in writing or in person. Objecfions that are in writing should state the Class Member's name,
current address, telephone number, and the dates of employment in California by Defendant, and describe why
you believe the Settlement is unfair. All written objections or other correspondence should also state the name
and number of the case, which is Spears v. Health Net of California, in the Superior Court of the State of
California, County of Sacramento, Case No. 34-2017-00210560.
All written objecfions must be mailed to the Setfiement Administrator at ILYM Group, Inc., P.O. Box 2031
Tustin, CA 92781, no laterthan May 23, 2022.
Altematively, Class Members may appear remotely at the Final Approval Hearing on July 12, 2022, at 9:00
a.m. to make an oral objection without submitting a written objection. Currently, only remote appearances at
the hearing are allowed. To appear at the hearing, you must make an appearance through Zoom. Check the
Court's tentative ruling website for the most current informafion on how to appear.
To object to the Settlement, you must not opt out, and if the Court approves the Settlement despite your
objection, you will be bound by the terms of the Settlement in the same way as Class Members who do not
object and you will still be mailed a check for your Settlement Share.
The addresses for Parties' counsel are as follows:
Class Counsel:
Norman Blumenthal Shaun Setareh
Kyle Nordrehaug William M. Pao
Blumenthal Nordrehaug Bhowmik Nolan Dilts
De Blouw LLP Setareh Law Group
2255 Calle Clara 9665 Wilshire Blvd., Suite 430
La Jolla, CA 92037 Beverly Hills, CA 90212
Tel: 858-551-1223 /Fax: 858-551-1 232 Tel.: (310) 888-7771
Email: norm@,bamlawca.com E-Mail: shaun@,setarehlaw.com
kyle@bamlawca.com william@setarehlaw.com
Website: www.bamiawca.com nolan@setarehlaw.com
Counsel for Defendant:
Keith Jacoby
Nathaniel Jenkins
Littler Mendelson, P.C.
2049 Century Park East, 5"^ Floor
Los Angeles, CA 90067
ILYM ID: «ILYM I D »
«PC»
9. " When and' where>ill the.Court decide.whether the Settlement?'
The Court will hold a Final Approval Hearing at 9:00 a.m. on July 12, 2022, at the Sacramento County Superior
Court, located at 720 9th Street, Sacramento, CA 95814, in Department 54 before Judge Christopher E.
Krueger. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The
purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement and to fix
the amounts to be paid as attomeys' fees and costs to Class Counsel and as service payments to Plaintiffs. If
there are objections, the Court will consider them. This hearing may be rescheduled by the Court without
further notice to you. If you are interested in participating in the Final Approval Hearing, you should confirm
the date, time and location by contacting Class Counsel. You are not required to attend the Final Approval
Hearing, although any Class Member is welcome to attend the hearing remotely using the Court's Zoom
procedure. In addition, hearing dates arid documents are posted on the Case Access page for the Califomia
Superior Court for the County of Sacramento
(https://services.sacco
Preview
OR G 3up«ripr Court Of Qntifomf^, SacrBmento I 06/17/2022 BLUMENTHAL NORDREHAUG BHOWMIK atumer4 DE BLOUW L L P 2 Kyle R. Nordrehaug (State Bar #205975) 2255 Calle Clara Case Number: 3 La Jolla, CA 92037 34-2017-0021056fl| Telephone: (858)551-1223 4 Facsimile: (858) 551-1232 Email: Kyle@bamlawca.com • 5.Website: www.bamlawca.com 6 SETAREH LAW GROUP Shaun Setareh (SBN 204514) 7 shaun@setarehlaw.com 9665 Wilshire Blvd., Suite 430 8 Beverly Hills, California 90212 Telephone: (310) 888-7771 >- 9 Fax:(310)888-0109 CQ 10 Attorneys for Plaintiffs 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SACRAMENTO 14 ANDREA SPEARS, an individual, on behalf CaseNo. 34-2017-00210560-CU-OE-GDS 15 of herself and on behalf of all persons similarly situated. DECLARATION OF MADELY NAVA OF 16 I L Y M GROUP, INC., IN SUPPORT O F MOTION FOR FINAL APPROVAL OF 17 Plaintiff, CLASS ACTION S E T T L E M E N T 18 Date: July 12, 2022 HEALTH NET OF CALIFORNIA, INC., a Time: 9:00 a.m. 19 California Corporation; and Does 1 through 20 50, inclusive. Judge: Jill H. Talley Dept.: 25 21 Defendants 22 23 TOMAS R. ARANA, on behalf of himself, all others similarly situated, 24 Plainfiff, •25 V. 26 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 27 Inclusive, Defendant. 28 1- Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS 1 I, Madely Nava declare as follows: 2 1. I am a resident of the United States of America and am over the age of 18. I am a 3 Case Manager for ILYM Group, Inc., (herein after referred to as "ILYM Group"), the 4 professional settlement services provider who has been retained by the Parties' Counsel and 5 subsequently appointed by the Court to serve as the Claims Administrator for the above captioned 6 Spears v. Health Net of California, Inc. matter. I am authorized to make this declaration on 7 behalf of ILYM Group and myself I have personal knowledge of the facts herein, and, if called 8 upon to testify, I could and would testify competently to such facts. 9 2. ILYM Group has extensive experience in administering Class Acfion Settlements, 10 including direct mail services, database management, claims processing and settlement fund 11 distribution services for Class Actions ranging in size from 26 to 4.5 million Settlement Class 12 Members. 13 3. ILYM Group was engaged by the Parties' Counsel and subsequently approved 14 and appointed by the Court to provide notification services and clairns adrriinistration, pursuant 15 to the terms of the Settlement, in the above referenced Action. Duties performed to-date and to 16 be performed after Final Approval of the Settlement is granted, include: (a) printing and mailing 17 the Notice of Proposed Settlement of Class Action and Hearing Date for Final Court Approval 18 (referred to as "Notice Packet"); (b) receiving and processing requests for exclusion; (c) 19 resolving Settlement Class Members' disputes over the number of workweeks Defendants have 20 record of them working during the Class Period, which was pre-printed on their individualized 21 Class Notice; (d) calculating individual settlement award amounts; (e) processing and mailing 22 settlement award checks; (0 handling tax withholdings as required by the Settlement and the 23 law; (g) preparing, issuing and filing tax returns and other applicable tax forms; (h) handling the 24 distribution of any unclaimed funds pursuant to the terms of the Settlement; and (i) performing 25 other tasks as the Parties mutually agree to and/or the Court orders ILYM Group to perform. 26 4. On March 15, 2022, ILYM Group received the Court approved text for the Notice 27 Packet from Counsel for Plaintiff. ILYM Group prepared a draft of the formatted Notice Packet, 28 which was approved by the Parties' Counsel prior to mailing. -2- Declaration of Madely Nava CaseNo. 34-2017-00210560-CU-OE-GDS 5. On March 24, 2022, ILYM Group received the class data file from Counsel for 2 Defendants,'which contained the name, social security number, last known mailing address, and 3 the total number of applicable workweeks worked for each Settlement Class Member. The data 4 file was uploaded to our database and checked for duplicates and other possible discrepancies. 5 The Class List contained 5,266 individuals. 6 6. As part of the preparation for mailing, all 5,266 names and addresses contained in 7 the Class List were then processed against the National Change of Address ("NCOA") database, 8 maintained by the United States Postal Service ("USPS"), for purposes of updating and 9 confirming the mailing addresses of the Settlement Class Members before mailing of the Notice 10 Packet. The NCOA contains requested change of addresses filed with the USPS. To the extent ll that an updated address was found in the NCOA database, the updated address was used for the 12 mailing of the Notice Packet, to the extent that no updated address was found in the NCOA 13 database, the original address provided by Counsel for Defendants was used for the mailing of 14 the Notice Packet. 15 7. On April 7, 2022, the Notice Packet was mailed, via U.S First Class Mail, to all 16 5,266 individuals contained in the Class List. Attached hereto, as Exhibit A, is a true and 17 correct copy of the mailed Notice Packet. 18 8. As of the date of this declaration, 354 Notice Packets have been retumed to our 19 office as undeliverable. Of the 354 retumed Notice Packets, none included a forwarding address. 20 ILYM Group performed a computerized skip trace on the 354 retumed Notice Packets that did 21 not have a forwarding address, in an effort to obtain an updated address for purpose of re-mailing 22 the Notice Packet. As a result of this skip trace, 277 updated addresses were obtained and the 23 Notice Packet was promptly re-mailed to those Settlement Class Members, via U.S First Class 24 Mail. 25 9. As of the date of this declaration, a total of 277 Notice Packets have been re- 26 mailed. Specifically, 277 have been re-mailed as a result of ILYM Group's skip tracing efforts. 27 10. As of the date of this declaration, a total of 77 Notice Packets have been deemed 28 undeliverable. Specifically, 77 have been deemed undeliverable as no updated address was -3 - Declarationof Madely Nava CaseNo. 34-2017-00210560-CU-OE-GDS found notwithstanding the skip tracing. 2 11. As of the date of this declaration, ILYM Group has not received any requests for 3 exclusion. The deadline to request exclusion from the Settlement was May 23, 2022. 4 12. As of the date of this declaration, ILYM Group has received 2 objections to the 5 Settlement. The deadline to file an objection to the Settlement was May 23, 2022. Attached 6 hereto, as Exhibit B, is a true and correct copy of the received objections. 7 13. As of the date of this declaration, ILYM Group will report a total of 5,266 8 Participating Class Members, represenfing 100% of the 5,266 Settlement Class Members. 9 14. Participating Class Members will receive a proportional share of the Net 10 Settlement Amount through individual settlement payments, based on the number of workweeks 11 worked by Class Members during the Class Period. The Net Setfiement Amount is the amount 12 remaining after deduction of the Court-approved payments from the Gross Settlement Amount for 13 Class Counsel Fees and Litigation Expenses Payments, the Class Representafive Service 14 Payments, Settlement Administration Expenses to ILYM Group, and the PAGA Payment 15 allocation, e.g., 16 Gross Settlement Amount $5,000,000.00 17 Class Counsel Fees $1,666,666.00 18 Class Counsel Expenses $ 140,000.00 19 Class Representative Service Payment $10,000.00 20 Class Representative Service Payment $10,000.00 21 ILYM Group Fees $50,000.00 22 PAGA Payment Allocation to LWDA $112^500.00 23 PAGA Payment AUocafion to Aggrieved Employees $37,500.00 24 Net Settlement Amount 52,973,334.00 25 To determine a Participating Class Members individual settlement award payment, the 26 distribution shall be divided among all Class Members on a pro rata basis, based on the ratio of 27 the Applicable Workweeks worked by each Class Member during the Class Period, to the total 28 number of Applicable Workweeks worked by all Class Members during the Class Period. Based -4- Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS on these calculations, the Participating Class Members will receive an esfimated average gross 2 payment of $541.52, with the estimated highest gross payment being $1,416.31. 3 15. ILYM Group's total fees and costs for services in connection with the 4 administration of this Settlement, which includes fees and costs incurred to-date, as well as 5 anticipated fees and costs for completion of the settlement administration, are $50,000.00. ILYM 6 Group's work in connection with this matter will continue with the calculafion of the settlement 7 award payments, issuance and mailing of the settlement award checks, the necessary tax filing 8 and reporting on such payments, and any other tasks that the Parties mutually agree to and/or the 9 Court orders ILYM Group to perform. 10 I declare under penalty of perjury under the laws of the State of California and the United 11 States that the foregoing is true and correct and that this Declaration was executed this 14"^ day of 12 June 2022, at Tustin, Califomia. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- Declaration of Madely Nava Case No. 34-2017-00210560-CU-OE-GDS EXHIBIT "A" NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND HEARING DATE FOR FINAL COURT APPROVAL {Spears v. Health Net of California, Inc., Superior Court of the State of Caiifornia, County of Sacramento Case No. 34-2017-00210560-CU-OE-GDS, consolidated with Arana v. Health Net ofCalifornia, Inc., Case No. 34-2017-00216685) YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE READ THIS NOTICE CAREFULLY. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: ;! Do Nothing and To receive a cash payment from the Settlement, you do not have to do anything. Receive a Payment Your estimated Settlement Share is: $«Total_Estimated_Settlement_Amount». See the explanation in Section 5 below. If you do nothing, you will be considered a Participating Class Member and will be part of the Settlement as explained more fully below. After final approval by the Court, the payment will be mailed to you at the same address as this notice. In exchange for the Settlement Share payment, you will be considered a Participafing Class Member and will release the Released Class Claims and Released PAGA Claims as detailed in Section 4 below. If your address has changed, you must notify the Settlement Administrator as explained in Section 6 below. Exclude Yourself To exclude yourself, you must send a written request for exclusion to the Settlement Administrator as provided below. If you request exclusion, you will receive no money from the Settlement and you will not be bound by the Settlement. However, if you are an Aggrieved Employee who opts out, you will sfill be paid your allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of whether you submit a request for exclusion. If you choose to do so, you must notify the Settlement Administrator as explained in Section 7 below. Object and Receive a Write to the Court about why you do not agree with the settlement or appear at the Payment Final Approval Hearing to make an oral objection. You will still receive a payment and will release your claims if the Court approves the Settlement over your objecfion. Instructions are provided in Section 8 below. Your opfions are further explained in this Class Notice. To exclude yourself from, or object to, the settlement you must take action by certain deadlines. If you want the Settlement as proposed, you don't need to do anything to obtain your share of the Settlement. Defendant will not retaliate against you for any actions you take with respect to the Settlement. Why did I get this Notice? A proposed class action settlement (the "Settlement") of the above-captioned action pending in the Superior Court of the State of California, in and for the County of Sacramento (the "Court") has been reached between Plaintiffs Andrea Spears and Tomas R. Arana ("Plaintiffs") and Defendant Health Net of Califomia, Inc. ("Defendant") and has been granted preliminary approval by the Court. You may be entitled to receive money from this Settlement. ILYM ID: «ILYMJD» «PC» You have received this Class Notice because you have been identified as a member of the Class, which is defined as: All individuals who are or previously were employed by Defendant in Califomia and who were classified as non-exempt employees at any time during the Class Period and who did not previously opt out of the Class post-Class Certificafion. The Class Period is April 5, 2013 through October 8, 2019. This Class Notice explains the lawsuit, the Settlement, and your legal rights. It is important that you read this Class Notice carefully as your rights may be affected by the SettlemenL ' 2.^-Whatls-this class •actiohlawsuifaboUt?-'"; ,. .- y"."'' '>/".••]•': •/'^'''.':>''."/^•''Ir-':'': On April 5, 2017, plaintiff Andrea Spears filed a Complaint against Defendant in the Superior Court of the State of Califomia, County of Sacramento {"Spears Action"). On August I , 2017, plaintiff Tomas R. Arana filed a Complaint against Defendant in the Superior Court of the State of California, County of Sacramento {"Arana Action"). The Court consolidated the Spears Action and the Arana Action, and on December 21, 2017, Plaintiffs filed a Consolidated Complaint against Defendant asserting claims that Defendant: engaged in unfair competition, failed to pay wages, failed to provide required meal periods, failed to provide required rest periods, failed to provide accurate itemized wage statements, failed to timely pay wages at termination, and violated the Private Attorneys General Act (Labor Code §§ 2698, et seq.) ("PAGA") based upon the above alleged violations. Together, the Spears Action and the Arana Action are referred to as the "Action". On October 8, 2019, the Court granted class certification in the Action. Defendant denies and disputes all such claims. Specifically, Defendant contends that Plaintiffs and the Class Members were properly compensated for wages under Califomia law; that Plaintiffs and the Class Members were provided with meal and rest periods in compliance with Califomia law; that Defendant complied with Califomia wage statement requirements; that Defendant is not liable for any of the penalties claimed or that could be claimed in the Acfion; and that this Action cannot be maintained as a class action. The Court granted preliminary approval of the Settlement on March 10, 2022. At that time, the Court also preliminarily approved the Plaintiffs to serve as the Class Representatives, and the law firms Blumenthal Nordrehaug Bhowmik De Blouw LLP and Setareh Law Group to serve as Class Counsel. , :3.'^'\'"Whafiare the.'teriri's ofthe l^ettlement?;:"-.'""-•'1->\f .. >''V."^yy^ '^-rv'/N/'v.v-'Q,^ Gross Settlement Amount. Defendant has agreed to pay an "all in" amount of Five Million Dollars ($5,000,000) (the "Gross Settlement Amount") to fund the settlement of the Action. The Gross Settlement Amount includes all payments of Settlement Shares to Class Members contemplated by the Settlement, the Settlement Administration Expenses, Class Counsel Fees Payment, Class Counsel Lifigation Expenses Payment, Class Representative Service Payments, and the PAGA Payment for civil penalties. Any employer- side' payroll taxes on the portion of the Settlement Shares allocated to wages shall be separately paid by Defendant. Within fifteen (15) days of the Judgment becoming Final, Defendant will fund the Gross Setfiement Arriount by depositing the money with the Settlement Administrator. "Final" means the date that is 61 days after the Judgment is entered, or if there are objections or any appeal, the date the Judgment is no longer subject to appeal. Fifteen (15) days after the settlement is funded, the Settlement Administrator will mail checks for the Settlement Shares to Participafing Class Members. Amounts to be Paid From the Gross Settlement Amount. The proposed payments subject to Court approval will be deducted from the Gross Settlement Amount before Settlement Shares are made to Class Members who do not request exclusion ("Participating Class Members"): 2 'LYM ID: «ILYM_ID» «PC» Settlement Administration Expenses. Payment to the Settlement Administrator, estimated not to exceed $55,000, for expenses, including without limitation expenses of notifying the Class Members of the Settlement, processing opt outs, and distributing Settlement Shares and tax forms, and handling inquiries and uncashed checks. Class Counsel Fees Pavment and Class Counsel Litigafion Expenses Pavment. Payment to Class Counsel of reasonable attorneys' fees not to exceed one-third (1/3) of the Gross Settlement Amount, which is presently $1,666,666 and an additional amount to reimburse actual litigation costs incurred by the Plaintiffs not to exceed $140,000. Class Counsel has been prosecuting the Action on behalf of Plaintiffs and the Class on a contingency fee basis (that is, without being paid any money) and has been paying all litigation costs and expenses. The amounts stated are what Class Counsel will be requesting and the final amounts to be paid will be decided at the Final Approval Hearing. The Class Counsel Fees Payment shall be allocated 50% to Blumenthal Nordrehaug Bhowmik De Blouw LLP and 50% to Setareh Law Group. Class Representative Service Pavments. Class Representative Service Payments in an amount not to exceed Ten Thousand Dollars ($10,000.00) each to the Plaintiffs, or such lesser amount as may be approved by the Cburt, to compensate them for services on behalf of the Class in initiating and prosecuting the Action, and for the risks they undertook. The amount stated is what Plaintiffs will be requesting and the final amount to be paid will be decided at the Final Approval Hearing. PAGA Pavment. A payment of $150,000 relating to the claim for penalties under the Private Attorney Generals Act ("PAGA"), $112,500 of which will be paid to the State of Califomia's Labor and Workforce Development Agency ("LWDA Payment"). The remaining $37,500 will be distributed to the Aggrieved Employees based on their respective pay periods worked during the PAGA Period (April 5, 2016 through June 8, 2021). "Aggrieved Employees" are all individuals who are or previously were employed by Defendant in Califomia and who were classified as non-exempt employees at any time during the PAGA Period. All Aggrieved Employees will be sent their share of the PAGA Payment and will be subject to the release of the Released PAGA Claims as set forth below, whether or not they opt out of the Settlement. Calculation of Payments to Class Members. After all of the payments of the Court-approved Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, the Class Representative Service Payments, the PAGA Payment, and the Settlement Administration Expenses are deducted from the Gross Settlement Amount, the remaining portion, called the "Net Settlement Amount", shall be distributed as Settlement Shares to the Participating Class Members. The Net Settlement Amount is estimated to be at least $2,968,334, based upon the above proposed deductions. The Settlement Administrator will pay a Settlement Share from the Net Settlement Amount to each Participating Class Member, which shall be calculated as follows: (a) the Settlement Administrator shall divide the Net Settlement Amount by the total number of workweeks to determine a dollar amount per week ("Weekly Rate"); and (iii) the Settlement Administrator shall then take the number of weeks worked by each Participating Class Member and multiply it by the Weekly Rate to calculate their Settlement Share. If the Settlement is approved by the Court and you do not exclude yourself, you will automatically be mailed a check for your Settlement Share to the same address as this Class Notice. You do not have to do anything to receive a payment. If your address has changed, you must contact the Settlement Administrator to inform them of your correct address to ensure you receive your payment. Tax Matters. One-Third (1/3) of each Participating Class Member's Settlement Share is in settlement of wage claims (the "Wage Portion"). Accordingly, the Wage Portion is subject to wage withholdings, and shall be reported on IRS Form W-2. Two-Thirds (2/3) of each Participating Class Member's Settlement Share is in settlement of claims for interest and penalties allegedly due to employees (collectively the "Non-Wage Portion"). The Non-Wage Portion shall not be subject to wage withholdings, and shall be reported on IRS Form 3 ILYM ID: «ILYM_ID» «PC» 1099. The employee portion of all applicable income and payroll taxes will be the responsibility of the Participating Class Members. Neither Class Counsel nor Defendant's Counsel intend anything contained in this Notice to constitute advice regarding taxes or taxability. The tax issues for each Participating Class Member are unique to him/her, and each Participating Class Member may wish to consult a tax advisor concerning the tax consequences of the payments received under the Settlement. Conditions of Settlement. This Settlement is conditioned upon the Court granting final approval of the Settlement and entering the Judgment. What Do I Release Under the Settlement? Released Class Claims. Upon entry of the Judgment, all Participating Class Members shall release Defendant and the Released Parties from all class claims which were pled or could have been pled based on the factual allegations contained in the operative complaint or any amendments thereto which occurred during the Class Period, and expressly excluding all other claims, including all claims alleged in Carranza v. Health Net of California, Inc. (Los Angeles Superior Court, Case No. 20STCV14774) {^'Carranza Action") and Alvarez v. Health Net of California, Inc. (Sacramento Superior Court, Case No. 34-2020-00289192) (^'Alvarez Action"), claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, and workers' compensation, and class claims outside of the Class Period ("Released Class Claims"). Released Class Claims include known and unknown claims as described in this paragraph. This means that, if you do not timely exclude yourself from the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit, administrative action, arbitration, or class or collective action against Defendant and any other Released Party about Released Class Claims resolved by this Settlement. It also means that all of the Court's orders in this Action will apply to you and legally bind you. Released PAGA Claims. Upon entry of the Judgment, Defendant and the Released Parties shall receive a release from the State of California of all PAGA claims which were pled or which could have been pled based on the factual allegations contained in the operative complaint or any amendments thereto and PAGA letters sent by Plaintiffs that occurred during the PAGA Period and excluding all PAGA claims outside ofthe PAGA Period and all PAGA claims alleged in the Carranza Action and the Alvarez Action ("Released PAGA Claims"). The release of the Released PAGA Claims shall be effecfive as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class post-Class Certification or post-Settlement Released PAGA Claims include known and unknown claims as described in this paragraph. 5^ Hbw much will my payment-be? The Weekly Rate is estimated to be $4.12. Defendant's records reflect that you have worked «Class Workweeks_451310819» weeks for Defendant during the Class Period (April 5, 2013 through October 8, 2019). Based on this information, your estimated Settlement Share from the Net Settlement Amount is $«Total_Estimated_Settlement_Amount». If you wish to challenge the information set forth above, then you must submit a written and signed dispute challenging the information along with supporting documents, to the Settlement Administrator at the address provided in this Class Notice no later than May 23, 2022. 6. - How can I get a payment? To get money from the settlement, you do not have to do anything. A check for your Settlement Share will be mailed automatically to the same address as this Class Notice. If your address is incorrect or has changed, you ILYM ID: «ILYM_ID» «PC» must notify the Settlement Adniinistrator. The Settlement Administrator can be contacted at: ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92781 or (888) 250-6810. The Court will hold a Final Approval Hearing on July 12, 2022, at 9:00 a.m. to decide whether to approve the Settlement and fix the amounts to be paid as attorneys' fees and costs to Class Counsel and as service awards to the Plaintiffs. If the Court approves the Settlement and there are no objections or appeals, payments will be mailed approximately three months after this hearing. If there are objections or appeals, resolving them can take time, usually more than a year. Please be patient. ,'7. • What if I don't want to be, a pa^ i^^^^^ Settlemienf?^ If you do not wish to participate in the Settlement, you may exclude yourself from the Settlement or "opt out." If you opt out, you will not receive a Settlement Share from the Settlement, and you will not be bound by the Settlement which means you will retain the right to sue Defendant for Released Class Claims. However, Aggrieved Employees who opt out will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of whether they submit a request for exclusion. To opt out, you must mail to the Settlement Administrator, by First Class Mail, a written, signed and dated request to opt-out postmarked no later than May 23, 2022. The request to opt-out must be received by the Settlement Administrator by the deadline and should: (1) contain a clear statement that you are requesfing to opt out of, or be excluded from the Class and Released Class Claims in the Spears v. Health Net of California lawsuit; (2) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (3) state the Class Member's request to exclude himself or herself from the Settlement and to opt out of the Settlement; and (4) be signed by the Class Member. Please include the name and number of the case, which is Spears v. Health Net of California, Case No. 34-2017-00210560. The request to opt-out must be signed by you. No other person may opt-out for a living member of the Class. The address forthe Settlement Administrator is ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92781. Written requests for exclusion that are postmarked after May 23, 2022, that are incomplete or unsigned, or that are made by Class Members who previously received notice may be rejected; and if so, those Class Members will remain bound by the Settlement and the Released Class Claims described above, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. :8.. Hovv do l tell the Court that I don't agree with the Settlement? Any Class Member who has not opted out and believes that the Settlement should not be finally approved by the Court for any reason may object to the proposed Settlement, the attorneys' fees, the costs and/or the service awards, either in writing or in person. Objections that are in writing should state the Class Member's name, current address, telephone number, and the dates of employment in Califomia by Defendant, and describe why you believe the Settlement is unfair. All written objections or other correspondence should also state the name and number of the case, which is Spears v. Health Net of California, in the Superior Court of the State of Califomia, County of Sacramento, Case No. 34-2017-00210560. All written objecfions must be mailed to the Settlement Administrator at ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92781, no laterthan May 23, 2022. Alternatively, Class Members may appear remotely at the Final Approval Hearing on July 12, 2022, at 9:00 a.m. to make an oral objection without submitting a written objecfion. Currently, only remote appearances at the hearing are allowed. To appear at the hearing, you must make an appearance through Zoom. Check the Court's tentative ruling website for the most current information on how to appear. ILYM ID: «ILYMJD» «PC» To object to the Settlement, you must not opt out, and if the Court approves the Settlement despite your objection, you will be bound by the terms of the Settlement in the same way as Class Members who do not object and you will sfill be mailed a check for your Settlement Share. The addresses for Parties' counsel are as follows: Class Counsel: Norman Blumenthal Shaun Setareh Kyle Nordrehaug William M. Pao Blumenthal Nordrehaug Bhowmik Nolan Dilts De Blouw LLP Setareh Law Group 2255 Calle Clara 9665 Wilshire Blvd., Suite 430 La Jolla, CA 92037 Beverly Hills, CA 90212 Tel: 858-551 -1223 / Fax: 858-551 -1232 Tel.: (310) 888-7771 Email: norm@bamlawca.com E-Mail: shaun@,setarehlaw.com kvle@bamlawca.com william@setarehlaw.com Website: www.bamlawca.com nolan@setarehlaw.com Counsel for Defendant: Keith Jacoby Nathaniel Jenkins Littler Mendelson, P.C. 2049 Century Park East, 5"" Floor Los Angeles, CA 90067 9. .' When and where will the Court decide whether:to appi'ove the Settlemient? The Court will hold a Final Approval Hearing at 9:00 a.m. on July 12, 2022, at the Sacramento County Superior Court, located at 720 9th Street, Sacramento, CA 95814, in Department 54 before Judge Christopher E. Krueger. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement and to fix the amounts to be paid as attorneys' fees and costs to Class Counsel and as service payments to Plaintiffs. If there are objections, the Court vyill consider them. This hearing may be rescheduled by the Court without further notice to you. If you are interested in participating in the Final Approval Hearing, you should confirm the date, time and location by contacting Class Counsel. You are not required to attend the Final Approval Hearing, although any Class Member is welcome to attend the hearing remotely using the Court's Zoom procedure. In addition, hearing dates and documents are posted on the Case Access page for the Califomia Superior ' Court for the County of Sacramento (https://services.saccourt.ca.gov/PublicCaseAccess/Civil/SearchByCaseNumber) and entering the Case No. 34- 2017-00210560. 10; How do I get more informatiori about the Settlement?' " '•:'•'•'•"•-\"}:^:-'--:-'' - ; i >J, You may call the Settlement Administrator at (888) 250-6810 or write to Spears v. Health Net of California Settlement Administrator, c/o ILYM Group, Inc., P.O. Box 2031, Tusfin, CA 92781; or contact Class Counsel as noted above. This Class Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may receive a copy of the Settlement Agreement, the Judgment, the motion for attorneys' fees, costs arid service awards, the motion for final approval, or other Settlement documents by going to the Settlement g ILYM ID: «ILYMJD» «PC» Administrator's website at www.ilymgroup.com/healthnet. You may also get more details by examining the Court's file on the Internet via the Case Access page for the Califomia Superior Court for the County of Sacramento (https://services.saccourt.ca.gov/PublicCaseAccess/Civil/SearchByCaseNumber) and entering the Case No. 34-2017-00210560. If you wish to view the Court files in person, documents may be reviewed during regular office Hours, 9:00 a.m. to 4:00 p.m., Monday through Friday, at the Office of the Clerk, Room 102, located at 720 9th Street, Sacramento, CA 95814. PLEASE DO NOT CALL THE COURT ABOUT THIS NOTICE. IMPORTANT: • You must inform the Settlement Administrator of any change of address to ensure receipt of your settlement payment. • Settlement checks will be null and void 180 days after Issuance if not deposited or cashed, and this expiration date will be printed on the check. In such event, the Settlement Administrator shall pay all unclaimed funds to the paid to the Califomia Controller's Unclaimed Property Fund in the name of the Participating Class Member where the funds can be claimed. • If your check is lost or misplaced, you should contact the Settlement Administrator immediately to request a replacement. ILYM ID: «ILYM_ID» «PC» NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND HEARING DATE FOR FINAL COURT APPROVAL {Spears v. Health Net of CaHfornia, Inc., Superior Court of the State ofCalifornia, County of Sacramento Case No. 34-2017-00210560-CU-OE-GDS, consolidated with Arana v. Health Net ofCalifornia, Inc., Case No. 34-2017-00216685) YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE READ THIS NOTICE CAREFULLY. SUMMARYAOF YOUR LEGAL RIGHTS ANI> OPTIONS IN THIS SETTLEMENTr^^^^ Do Nothing and To receive a cash payment from the Settlement, you do not have to do anything. Receive a Payment Your estimated Settlement Share is: $ « estimated settlement amount » . See the explanation in Section 5 below. If you do nothing, you will be considered a Participating Class Member and will be part of the Settlement as explained more fully below. After final approval by the Court, the payment will be mailed to you at the same address as this notice. In exchange for the Settlement Share payment, you will be considered a Participating Class Member and will release the Released Class Claims and Released PAGA Claims as detailed in Section 4 below. If ypur address has changed, you must notify the Settlement Administrator as explained in Secfion 6 below. Exclude Yourself The Parties' records indicate that you were already sent notice of this class action in January 2020 and provided with an opportunity to exclude yourself. You did not opt out. As a result, you cannot request exclusion at this time. Object and Receive Write to the Court about why you do not agree with the settlement or appear at the Final a Payment Approval Hearing to make an oral objection. You will still receive a payment and will release your claims if the Court approves the Settlement over your objection. Instructions are provided in Section 8 below. Your options are further explained in this Class Notice. To exclude yourself from, or object to, the settlement you must take action by certain deadlines. If you want the Settlement as proposed, you don't need to do anything to obtain your share of the Settlement. Defendant will not retaliate against.you for any actions you take with respect to the Settlement. iX-•-vv^hy.didi^getithis Nbii«r''y-.'• •••• ''""z> «PC» Conditions of Settlement. This Settlement is conditioned upon the Court granting final approval of the Settlement and entering the Judgment. 4, What Do IRelease Under the Settlement? Released Class Claims. Upon entry of the Judgment, all Participating Class Members shall release Defendant and the Released Parties from all class claims which were pled or could have been pled based on the factual allegations contained in the operative complaint or any amendments thereto which occurred during the Class Period, and expressly excluding all other claims, including all claims alleged in Carranza v. Health Net of California, Inc. (Los Angeles Superior Court, Case No. 20STCV14774) {^'Carranza Action") and Alvarez v. Health Net ofCalifornia, Inc. (Sacramento Superior Court, Case No. 34-2020-00289192) {^^Alvarez Action"), claims for vested benefits, wrongful termination, unemployment insurance, disability, social security, and workers' compensation, and class claims outside of the Class Period ("Released Class Claims"). Released Class Claims include known and unkriown claims as described in this paragraph. This means that, if you do not timely exclude yourself from the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit, administrative action, arbitration, or class or collective action against Defendant and any other Released Party about Released Class Claims resolved by this SettlemenL It also means that all of the Court's orders in this Action will apply to you and legally bind you. Released PAGA Claims. Upon entry of the Judgment, Defendant and the Released Parties shall receive a release from the State of California of all PAGA claims which were pled or which could have been pled based on the factual allegations contained in the operative complaint or any amendments thereto and PAGA letters sent by Plaintiffs that occurred during the PAGA Period and excluding all PAGA claims outside of the PAGA Period and all PAGA claims alleged in the Carranza Action and the Alvarez Action ("Released PAGA Claims"). The release of the Released PAGA Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved Employee submitted a request for an exclusion from the Class post-Class Certification or post-Settlement. Released PAGA Claims include known and unknown claims as described in this paragraph. 5. How in uch will my payriierit be? The Weekly Rate is estimated to be $4.12. Defendant's records reflect that you have worked «workweeks» weeks for Defendant during the Class Period (April 5, 2013 through Octbber 8, 2019). Based on this information, your estimated Settlement Share from the Net Settlement Amount is $«estimated settlement amount». ' If you wish to challenge the information set forth above, then you must submit a written and signed dispute challenging the information along with supporting documents, to the Settlement Administrator at the address provided in this Class Notice no later than May 23, 2022. .'6.-::'''-How^canT.geta paiyirierit?^,'.-.: : " '-'V-' ' - ' '\^i'-}' To get money from the settlement, you do not have to do anything. A check for your Settlement Share will be mailed automatically to the same address as this Class Notice. If your address is incorrect or has changed, you must notify the Settlement Administrator. The Settlement Administrator can be contacted at: ILYM Group, Inc., P.O. Box 2031 Tustin, CA 92781 or (888) 250-6810. The Court will hold a Final Approval Hearing on July 12, 2022, at 9:00 a.m. to decide whether to approve the Settlement andfixthe amounts to be paid as attorneys' fees and costs to Class Counsel and as service awards to the Plaintiffs. If the Court approves the Settlement and there are no objections or appeals, payments will be ILYM ID: «ILYM I D » «PC» mailed approximately three months after this hearing. If there are objections or appeals, resolving them can take time, usually more than a year. Please be patient. • 7. '. What ifl'dbia^ti'want t6.be^-part-6f^the'Settli^ment?.;^:'^^^ ^.^^.-y^'^'f^v^ff The Parties' records indicate that you were already sent notice of this class action in January 2020 and provided with an opportunity to exclude yourself. You did not opt out. As a result, you cannot request exclusion at this time. Only individuals who were not sent notice in January 2020 can opt out now. 8.; . Hbw do I tell the Court that Ldbri't agree with the Settlemierit^ : ^ : ' " :/ ^ ^ ". ' '' . -, Any Class Member who has not opted out and believes that the Settlement should not be finally approved by the Court for any reason may object to the proposed Settlement, the attorneys' fees, the costs and/or the service awards, either in writing or in person. Objecfions that are in writing should state the Class Member's name, current address, telephone number, and the dates of employment in California by Defendant, and describe why you believe the Settlement is unfair. All written objections or other correspondence should also state the name and number of the case, which is Spears v. Health Net of California, in the Superior Court of the State of California, County of Sacramento, Case No. 34-2017-00210560. All written objecfions must be mailed to the Setfiement Administrator at ILYM Group, Inc., P.O. Box 2031 Tustin, CA 92781, no laterthan May 23, 2022. Altematively, Class Members may appear remotely at the Final Approval Hearing on July 12, 2022, at 9:00 a.m. to make an oral objection without submitting a written objection. Currently, only remote appearances at the hearing are allowed. To appear at the hearing, you must make an appearance through Zoom. Check the Court's tentative ruling website for the most current informafion on how to appear. To object to the Settlement, you must not opt out, and if the Court approves the Settlement despite your objection, you will be bound by the terms of the Settlement in the same way as Class Members who do not object and you will still be mailed a check for your Settlement Share. The addresses for Parties' counsel are as follows: Class Counsel: Norman Blumenthal Shaun Setareh Kyle Nordrehaug William M. Pao Blumenthal Nordrehaug Bhowmik Nolan Dilts De Blouw LLP Setareh Law Group 2255 Calle Clara 9665 Wilshire Blvd., Suite 430 La Jolla, CA 92037 Beverly Hills, CA 90212 Tel: 858-551-1223 /Fax: 858-551-1 232 Tel.: (310) 888-7771 Email: norm@,bamlawca.com E-Mail: shaun@,setarehlaw.com kyle@bamlawca.com william@setarehlaw.com Website: www.bamiawca.com nolan@setarehlaw.com Counsel for Defendant: Keith Jacoby Nathaniel Jenkins Littler Mendelson, P.C. 2049 Century Park East, 5"^ Floor Los Angeles, CA 90067 ILYM ID: «ILYM I D » «PC» 9. " When and' where>ill the.Court decide.whether the Settlement?' The Court will hold a Final Approval Hearing at 9:00 a.m. on July 12, 2022, at the Sacramento County Superior Court, located at 720 9th Street, Sacramento, CA 95814, in Department 54 before Judge Christopher E. Krueger. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement and to fix the amounts to be paid as attomeys' fees and costs to Class Counsel and as service payments to Plaintiffs. If there are objections, the Court will consider them. This hearing may be rescheduled by the Court without further notice to you. If you are interested in participating in the Final Approval Hearing, you should confirm the date, time and location by contacting Class Counsel. You are not required to attend the Final Approval Hearing, although any Class Member is welcome to attend the hearing remotely using the Court's Zoom procedure. In addition, hearing dates arid documents are posted on the Case Access page for the Califomia Superior Court for the County of Sacramento (https://services.sacco