Preview
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SACRAMENTO
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13 ANDREA SPEARS, an individual, on behalf CASE NO.: 34-2017-00210560-CU-OE-GDS
of herself and on behalf of all persons [Consolidated with Case No.
14 similarly situated. 34-2017-00216685]
15 Plaintiff
4PROPOSE^ FINAL APPROVAL
16 ORDER AND JUDGMENT
HEALTH NET OF CALIFORNIA, INC., a
17 Califomia Corporation; and Does 1 through
50, inclusive.
18 Hearing Date: August 4, 2022
Defendants Hearing Time: 9:00 a.m.
19
Judge: Hon. Christopher E. Krueger
20 Dept.: 54
TOMAS R. ARANA, on behalf of himself, all
21 others similarly situated. Action Filed: April 5, 2017
Plaintiff Trial Date: None Set
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V.
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HEALTH NET OF CALIFORNIA, INC., a
24 Califomia corporation; and DOES 1 -50,
inclusive,
25 Defendant..
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FINAL APPROVAL ORDER AND JUDGMENT
1 The motion of Plaintiffs Andrea Spears and Tomas Arana ("Plaintiffs") for an order finally
2 approving the Class Action Settlement Agreement ("Agreement") with Defendant Health Net of
3 Califomia, Inc. ("Defendanf), attorneys' fees and costs, service payments, and the expenses of the
4 Settlement Administrator duly came on for hearing on August 4, 2022 at 9:00 a.m. before the
5 Honorable Christopher E. Krueger.
6 I.
7 FINDINGS
8 Based on the oral and written argument and evidence presented in connection with the
9 motion, the Court makes the following findings:
10 1. All terms used herein shall have the same meaning as defined in the Agreement.
ll 2. This Court has jurisdiction over the subject matter of this litigation pending before
12 the Califomia Superior Court for the County of Sacramento, and over all Parties to this litigation,
13 including the Class.
14 3. Based on a review of the papers submitted by Plaintiffs and a review of the
15 applicable law, the Court finds that the Gross Settlement Amount and the terms set forth in the
16 Agreement are fair, reasonable, and adequate.
17 4. The Court further finds that the Settlement was the result of arm's length
18. negotiations conducted after Class Counsel had adequately investigated the claims and became
19 familiar with the strengths and weaknesses of those claims. In particular, the amount of the
20 Settlement, the significant risks relating to certification, liability, and damages issues, and the
21 assistance of an experienced mediator in the settiement process, among other factors, support the
22 Court's conclusion that the Settlement is fair, reasonable, and adequate.
23 Preliminary Approval of the Settlement
24 5. On March 10, 2022, the Court granted preliminary approval of the Settlement. At
25 this same time, the Court approved conditional certification of the Class for settlement purposes
26 only.
27 ///
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FINAL APPROVAL ORDER AND JUDGMENT
1 Notice to the Class
2 6. In compliance with the Preliminary Approval Order, the Class Notice was mailed
3 by first class mail to members of the Class at their last known addresses on or about April 7, 2022.
4 Mailing of the Class Notice to their last known addresses was the best nofice option under the
5 circumstances and was reasonably calculated to communicate actual notice of the litigation and
6 the proposed settlement to the Class. The Class Nofice given to the Class Members fully and
7 accurately informed the Class Members of all material elements of the proposed Settlement and of
8 their opportunity to object to or comment thereon or to seek exclusion from the Settlement; was
9 valid, due, and sufficient nofice to all Class Members; and complied fully with the laws of the
10 State of Califomia, the United States Constitution, due process and other applicable law. The
11 Class Notice fairly and adequately described the Settlement and provided Class Members adequate
12 instmctions and a variety of means to obtain additional information.
13 7. The deadline for opting out of the Class or submitting written objections to the
14 Settlement was May 23, 2022. There was an adequate interval between mailing of the Class
15 Notice and the response deadline to permit Class Members to choose what to do and act on their
16 decision. A full opportunity has been afforded to the Class Members to participate in this hearing,
17 and all Class Members and other persons wishing to be heard have been heard. Class Members
18 also have had a full and fair opportunity to exclude themselves from the proposed Settlement and
19 Class. Accordingly, the Court determines that all Class Members who did not timely and properly
20 submit a request for exclusion are bound by the Settlement and this Final Approval Order and
21 Judgment.
22 Fairness Of Settlement
23 8. The Agreement is entitled to a presumption of faimess. Dunk v. Ford Motor Co.
24 48 Cal.App.4th 1794, 1801 (1996).
25 a. The settlement was reached through arm's-length bargaining between the
26 parties during an all-day mediation before Tripper Ortman, a respected and experienced mediator
27 of wage and hour class actions. There has been no collusion between the parties in reaching the
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FINAL APPROVAL ORDER AND JUDGMENT
1 proposed settlement.
2 b. Plaintiffs' investigation and discovery have been sufficient to allow the
3 Court and counsel to act intelligently.
4 c. Counsel for both parties are experienced in similar employment class action
5 litigation. All counsel recommended approval of the Agreement.
6 d. The percentage of objectors and requests for exclusion is small. Two (2)
7 objections were received. Zero requests for exclusion were received.
8 e. The participation rate was high. 5,266 Class Members will be mailed a
9 settlement payment, representing 100% of the overall Class.
10 9. The consideration to be given to the Class Members under the terms of the
11 Agreement is fair, reasonable and adequate considering the strengths and weaknesses of the claims
12 asserted in this action and is fair, reasonable and adequate compensation for the release of Class
13 Members' claims, given the uncertainties and significant risks of the litigation and the delays
14 which would ensue from continued prosecution of the action.
15 10. The Agreement is approved as fair, adequate and reasonable and in the best
16 interests of the Class Members.
17 Attorneys' Fees and Costs
18 11. An award of $1,666,666.00 for attorneys' fees and $140,000.00 for litigation costs
19 and expenses, is reasonable, in light of the contingent nature of Class Counsel's fee, the hours
20 worked by Class Counsel, and the results achieved by Class Counsel. The requested award has
21 been supported by Class Counsel's lodestar and billing statement.
22 Class Representative Service Payments
23 12. The Agreement provides for a Class Representative Service Payment of not more
24 than $10,000 each to the Plaintiffs, subject to the Court's approval. The Court finds that a Class
25 Representative Service Payment in the amount of $10,000.00 each to the Plaintiffs is reasonable in
26 light of therisksand burdens undertaken by the Plaintiffs in the litigation, for their time and effort
27 in bringing and prosecuting this matter on behalf of the Class, and for their execution of a general
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FINAL APPROVAL ORDER AND JUDGMENT
1 release.
2 Settlement Administration Expenses
3 13. The Settlement Administrator shall calculate and administer the payment to be
4 made to the Class Members, transmit payment for attorneys' fees and costs to Class Counsel,
5 transmit the Class Representative Service Payments to the Plaintiffs, distribute the PAGA
6 Payment, issue any required tax reporting forms, calculate withholdmgs and perform the other
7 remaining duties set forth in the Agreement. The Settlement Adminisfrator has documented
8 $50,000.00 in fees and expenses, and this amount is reasonable in light of the work performed by
9 the Settlement Adminisfrator.
10 PAGA Payment
11 14. The Agreement provides for a PAGA Payment out of the Gross Settlement
12 Amount of $150,000, which shall be allocated $112,500 to the LWDA as the LWDA's 75% share
13 of the settlement of civil penalties paid pursuant to the PAGA and $37,500 to be distributed to the
14 Aggrieved Employees based on their respective weeks worked during the PAGA Period. The
15 Aggrieved Employees are all individuals who are or previously were employed by Defendant in
16 Califomia and who were classified as non-exempt employees at any time during the PAGA
17 Period, which is April 5, 2016 through June 8, 2021. The Court finds this PAGA Payment to be
18 reasonable. All Aggrieved Employees will be sent their share of the PAGA Payment and will be
19 subject to the release of the Released PAGA Claims as set forth below, whether or not they opt out
20 of the Settlement.
21 II.
22 ORDERS
23 Based on the foregoing findings, and good cause appearing, IT IS HEREBY ORDERED:
24 1. The certification of the Class for the purposes of settlement is confirmed. The
25 Class is defined as follows:
26 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
27 Period and who did not previously opt out of the Class post-Class Certification
(April 5, 2013 through October 8, 2019).
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FINAL APPROVAL ORDER AND JUDGMENT
1 2. There were two objections to the Settlement, one from Royleen Herrin and one
2 from Maria Perez. The written objections were provided to the Court along with the Parties'
3 responses. The Court agrees that the objections do not provide a basis for denial of final approval
4 of the settlement and the objections are OVERRULED.
5 3. The Agreement is hereby finally approved as fair, reasonable, adequate, and in the
6 best interest of the Class.
7 4. Class Counsel are awarded attorneys' fees in the amoimt of $ 1,666,666.00 and costs
8 in the amount of $140,000.00. Class Counsel shall not seek or obtain any other compensation or
9 reimbursement from Defendant, Plaintiffs or members of the Class.
10 5. The payment of the Class Representative Service Payments in the amount of
11 $10,000.00 each to the Plaintiffs is approved.
12 6. The payment of $50,000.00 to the Settlement Administrator for their fees and
13 expenses is approved.
14 7. The PAGA Payment of $ 150,000 is approved and shall be allocated in accordance
15 with the Agreement.
16 8. The Agreement and this Settlement are not an admission by Defendant or the
17 Released Parties, nor is this Final Approval Order and Judgment a finding, of the validity of any
18 claims in the Action or of any wrongdoing by Defendant or the Released Parties or that this Action
19 is appropriate for class treatment (other than for settlement purposes). Neither this Final Approval
20 Order and Judgment, the Agreement, nor any document referred to herein, nor any action taken to
21 carry out the Agreement is, may be construed as, or may be used as an admission by or against
22 Defendant or the Released Parties of any fault, wrongdoing or liability whatsoever. The entering
23 into or carrying out of the Agreement, and any negotiations or proceedings related thereto, shall
24 not in any event be construed as, or deemed to be evidence of, an admission or concession with
25 regard to the denials or defenses by Defendant. Notwithstanding these restrictions. Defendant
26 may file in the Action or in any other proceeding this Final Approval Order and Judgment, the
27 Agreement, or any other papers and records on file in the Action as evidence of the Settlement to
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FINAL APPROVAL ORDER AND JUDGMENT
1 support a defense of res judicata, collateral estoppel, release, or other theory of claim or issue
2 preclusion or similar defense as to the Released Class Claims and/or the Released PAGA Claims.
3 9. Notice of entry of this Final Approval Order and Judgment shall be given to all
4 Parties by Class Counsel on behalf of Plaintiffs and all Class Members. The Final Approval Order
5 and Judgment shall be posted on the Settlement Administrator's website as set forth in the Class
6 Notice to the Class. It shall not be necessary to send notice of entry of this Final Approval Order
7 and Judgment to individual Class Members.
8 10. Ifthe Agreement does not become final and effective in accordance with the terms
9 of the Agreement, then this Final Approval Order and Judgment, and all orders entered in
10 connection herewith, shall be rendered null and void and shall be vacated, and the Parties shall
ll revert to their respective positions as of before entering into the Agreement, and expressly reserve
12 their respective rights regarding the prosecution and defense of this Action, including all available
13 defenses and affirmative defenses, and arguments that any claim in the Action could not be
14 certified as a class action and/or managed as a representative action.
15 IT IS HEREBY ORDERED, ADJUDICATED AND DECREED THAT:
16 1. Except as set forth in the Agreement and this Final Approval Order and Judgment,
17 Plaintiffs, and all members of the Class, shall take nothing in the Action.
18 2. Pursuant to Califomia Code of Civil Procedure section 664.6, the Court shall retain
19 jurisdiction to construe, interpret, implement and enforce the Agreement, to hear and resolve any
20 contested challenge to a claim for settlement benefits, and to supervise and adjudicate any dispute
21 arising from or in connection with the distribution of settiement benefits.
22 3. The Parties are authorized, withoutfiartherapproval from the Court, to agree to and
23 to adopt such amendments, modifications and expansions of the Agreement and all exhibits
24 attached thereto which are consistent with this Final Approval Order and Judgment and do not
25 limit therightsof the Class Members.
26 4. Each party shall bear its own attorneys' fees and costs, except as otherwise
27 provided in the Agreement and in this Final Approval Order and Judgment.
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FINAL APPROVAL ORDER AND JUDGMENT
1 5. Upon entry of the Judgment, each Class Member who has not validly opted out has
2 released the "Released Class Claims" against the Defendant as set forth in the Agreement. The
3 "Released Class Claims" are all class claims which were pled or could have been pled based on
4 the factual allegations contained in the operative complaint or any amendments thereto which
5 occurred during the Class Period, and expressly excluding all other claims, including all claims
6 alleged in Carranza v. Health Net of California, Inc. (Los Angeles Superior Court, Case No.
7 20STCV14774) (''Carranza Action") and Alvarez v. Health Net of California, Inc. (Sacramento
8 Superior Court, Case No. 34-2020-00289192) (''Alvarez Action"), claims for vested benefits,
9 wrongful termination, unemployment insurance, disability, social security, and workers'
10 compensation, and class claims outside of the Class Period. The Released Class Claims include
11 any claims, demands, lawsuits, administrative actions, arbitrations, and participation to any extent
12 in any pending or future class, collective, or representative actions, or other action of any kind
13 based on the Released Class Claims. The Released Class Claims include known and unknown
14 claims as described in this paragraph.
15 6. Upon entry of the Judgment, Defendant and the Released Parties shall receive a
16 release from the State of Califomia of all PAGA claims which were pled or which could have
17 been pled based on the factual allegations contained in the operative complaint or any amendments
18 thereto and PAGA letters sent by Plaintiffs that occurred during the PAGA Period and excluding
19 all PAGA claims outside of the PAGA Period and all PAGA claims alleged in the Carranza
20 Action and the Alvarez Action ("Released PAGA Claims"). The release of the Released PAGA
21 Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved
22 Employee submitted a request for an exclusion from the Class post-Class Certification or post-
23 Settlement. The Released PAGA Claims include known and unknown claims as described in this
24 paragraph.
25 7. Upon entry of the Judgment, Plaintiffs generally release and discharge the Released
26 Parties from any and all known and unknown claims,fransactionsor occurrences between them
27 that occurred through the date of the Agreement ("Plaintiffs' Released Claims") as set forth fiilly
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FINAL APPROVAL ORDER AND JUDGMENT
1 in the Agreement.
2 8. Class Members who failed to present disputes or objections in the marmer provided
3 in the Court's order granting preliminary approval of the Settlement shall be deemed to have
4 waived any right to dispute their Settlement Share and/or object to or appeal the Settlement,
5 respectively.
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7 LET JUDGMENT BE FORTHWITH ENTERED ACCORDINGLY. IT IS SO ORDERED.
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9 Dated: ^AUG 1 0 2^
RISTOPHER^. KRUEGER
10 R^^^SUPERIOR COURT OF CALIFORNIA
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FINAL APPROVAL ORDER AND JUDGMENT
PROOF OF SERVICE
2 1 am a citizen of the United States and am employed in the County of Los Angeles, State of
Califomia. 1 am over the age of 18 and not a party to the within action. My business address is
3
9665 Wilshire Boulevard, Suite 430 Beveriy Hills, CA 90212.
4
On August 3, 2022,1 served the foregoing documents described as:
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[PROPOSED] FINAL APPROVAL ORDER AND JUDGMENT
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in this action by transmitting a tme copy thereof addressed as follows:
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8 Keith A. Jacoby Norman Blumenthai
kiacobv(g).littler.com norm@bamlawca.com
9 Nathaniel H. Jenkins Victoria B. Rivapalacio
nienkins@,littler.com victoria@bamlawca.com
10 Barbara Blackburn AJ Bhowmik
bblackbum@,littler.com AJ@bamlawca.com
11
Sophia Masada deblo u w@bam lawca. com
12 smasadafgilittler.com victoria@bamlawca.coni
LITTLER MENDELSON, P.C. charlotte@bamlawca.com
13 2049 Century Park East, 5''' Floor BLUMENTHAL, NORDREHAUG, &
Los Angeles, CA 90067 BHOWMIK
14 Attorneys for Defendant HEALTH NET, 2255 Calle Clara
INC. La Jolla, CA 92037
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Attorneys for Plaintiff ANDREA
16 SPEARS
17 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION
18 Based on a court order or an agreement of the parties to accept service by electronic
transmission, 1 electronically served the document(s) to the persons at the electronic service
19 addresses listed above.
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[X] STATE
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1 declare under penalty of perjury under the laws of the State of Califomia that the above is
22 true and correct.
23 Executed on August 3, 2022, at Beverly Hills, Califomia.
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Eric Sams
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1
PROOF OF SERVICE
Preview
I - l . " • *~ 1 2 3 UiVANDMDTiON CFPT-rr^ 4 5 6 7 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 ANDREA SPEARS, an individual, on behalf CASE NO.: 34-2017-00210560-CU-OE-GDS of herself and on behalf of all persons [Consolidated with Case No. 14 similarly situated. 34-2017-00216685] 15 Plaintiff 4PROPOSE^ FINAL APPROVAL 16 ORDER AND JUDGMENT HEALTH NET OF CALIFORNIA, INC., a 17 Califomia Corporation; and Does 1 through 50, inclusive. 18 Hearing Date: August 4, 2022 Defendants Hearing Time: 9:00 a.m. 19 Judge: Hon. Christopher E. Krueger 20 Dept.: 54 TOMAS R. ARANA, on behalf of himself, all 21 others similarly situated. Action Filed: April 5, 2017 Plaintiff Trial Date: None Set 22 V. 23 HEALTH NET OF CALIFORNIA, INC., a 24 Califomia corporation; and DOES 1 -50, inclusive, 25 Defendant.. 26 27 28 FINAL APPROVAL ORDER AND JUDGMENT 1 The motion of Plaintiffs Andrea Spears and Tomas Arana ("Plaintiffs") for an order finally 2 approving the Class Action Settlement Agreement ("Agreement") with Defendant Health Net of 3 Califomia, Inc. ("Defendanf), attorneys' fees and costs, service payments, and the expenses of the 4 Settlement Administrator duly came on for hearing on August 4, 2022 at 9:00 a.m. before the 5 Honorable Christopher E. Krueger. 6 I. 7 FINDINGS 8 Based on the oral and written argument and evidence presented in connection with the 9 motion, the Court makes the following findings: 10 1. All terms used herein shall have the same meaning as defined in the Agreement. ll 2. This Court has jurisdiction over the subject matter of this litigation pending before 12 the Califomia Superior Court for the County of Sacramento, and over all Parties to this litigation, 13 including the Class. 14 3. Based on a review of the papers submitted by Plaintiffs and a review of the 15 applicable law, the Court finds that the Gross Settlement Amount and the terms set forth in the 16 Agreement are fair, reasonable, and adequate. 17 4. The Court further finds that the Settlement was the result of arm's length 18. negotiations conducted after Class Counsel had adequately investigated the claims and became 19 familiar with the strengths and weaknesses of those claims. In particular, the amount of the 20 Settlement, the significant risks relating to certification, liability, and damages issues, and the 21 assistance of an experienced mediator in the settiement process, among other factors, support the 22 Court's conclusion that the Settlement is fair, reasonable, and adequate. 23 Preliminary Approval of the Settlement 24 5. On March 10, 2022, the Court granted preliminary approval of the Settlement. At 25 this same time, the Court approved conditional certification of the Class for settlement purposes 26 only. 27 /// 28 /// FINAL APPROVAL ORDER AND JUDGMENT 1 Notice to the Class 2 6. In compliance with the Preliminary Approval Order, the Class Notice was mailed 3 by first class mail to members of the Class at their last known addresses on or about April 7, 2022. 4 Mailing of the Class Notice to their last known addresses was the best nofice option under the 5 circumstances and was reasonably calculated to communicate actual notice of the litigation and 6 the proposed settlement to the Class. The Class Nofice given to the Class Members fully and 7 accurately informed the Class Members of all material elements of the proposed Settlement and of 8 their opportunity to object to or comment thereon or to seek exclusion from the Settlement; was 9 valid, due, and sufficient nofice to all Class Members; and complied fully with the laws of the 10 State of Califomia, the United States Constitution, due process and other applicable law. The 11 Class Notice fairly and adequately described the Settlement and provided Class Members adequate 12 instmctions and a variety of means to obtain additional information. 13 7. The deadline for opting out of the Class or submitting written objections to the 14 Settlement was May 23, 2022. There was an adequate interval between mailing of the Class 15 Notice and the response deadline to permit Class Members to choose what to do and act on their 16 decision. A full opportunity has been afforded to the Class Members to participate in this hearing, 17 and all Class Members and other persons wishing to be heard have been heard. Class Members 18 also have had a full and fair opportunity to exclude themselves from the proposed Settlement and 19 Class. Accordingly, the Court determines that all Class Members who did not timely and properly 20 submit a request for exclusion are bound by the Settlement and this Final Approval Order and 21 Judgment. 22 Fairness Of Settlement 23 8. The Agreement is entitled to a presumption of faimess. Dunk v. Ford Motor Co. 24 48 Cal.App.4th 1794, 1801 (1996). 25 a. The settlement was reached through arm's-length bargaining between the 26 parties during an all-day mediation before Tripper Ortman, a respected and experienced mediator 27 of wage and hour class actions. There has been no collusion between the parties in reaching the 28 FINAL APPROVAL ORDER AND JUDGMENT 1 proposed settlement. 2 b. Plaintiffs' investigation and discovery have been sufficient to allow the 3 Court and counsel to act intelligently. 4 c. Counsel for both parties are experienced in similar employment class action 5 litigation. All counsel recommended approval of the Agreement. 6 d. The percentage of objectors and requests for exclusion is small. Two (2) 7 objections were received. Zero requests for exclusion were received. 8 e. The participation rate was high. 5,266 Class Members will be mailed a 9 settlement payment, representing 100% of the overall Class. 10 9. The consideration to be given to the Class Members under the terms of the 11 Agreement is fair, reasonable and adequate considering the strengths and weaknesses of the claims 12 asserted in this action and is fair, reasonable and adequate compensation for the release of Class 13 Members' claims, given the uncertainties and significant risks of the litigation and the delays 14 which would ensue from continued prosecution of the action. 15 10. The Agreement is approved as fair, adequate and reasonable and in the best 16 interests of the Class Members. 17 Attorneys' Fees and Costs 18 11. An award of $1,666,666.00 for attorneys' fees and $140,000.00 for litigation costs 19 and expenses, is reasonable, in light of the contingent nature of Class Counsel's fee, the hours 20 worked by Class Counsel, and the results achieved by Class Counsel. The requested award has 21 been supported by Class Counsel's lodestar and billing statement. 22 Class Representative Service Payments 23 12. The Agreement provides for a Class Representative Service Payment of not more 24 than $10,000 each to the Plaintiffs, subject to the Court's approval. The Court finds that a Class 25 Representative Service Payment in the amount of $10,000.00 each to the Plaintiffs is reasonable in 26 light of therisksand burdens undertaken by the Plaintiffs in the litigation, for their time and effort 27 in bringing and prosecuting this matter on behalf of the Class, and for their execution of a general 28 FINAL APPROVAL ORDER AND JUDGMENT 1 release. 2 Settlement Administration Expenses 3 13. The Settlement Administrator shall calculate and administer the payment to be 4 made to the Class Members, transmit payment for attorneys' fees and costs to Class Counsel, 5 transmit the Class Representative Service Payments to the Plaintiffs, distribute the PAGA 6 Payment, issue any required tax reporting forms, calculate withholdmgs and perform the other 7 remaining duties set forth in the Agreement. The Settlement Adminisfrator has documented 8 $50,000.00 in fees and expenses, and this amount is reasonable in light of the work performed by 9 the Settlement Adminisfrator. 10 PAGA Payment 11 14. The Agreement provides for a PAGA Payment out of the Gross Settlement 12 Amount of $150,000, which shall be allocated $112,500 to the LWDA as the LWDA's 75% share 13 of the settlement of civil penalties paid pursuant to the PAGA and $37,500 to be distributed to the 14 Aggrieved Employees based on their respective weeks worked during the PAGA Period. The 15 Aggrieved Employees are all individuals who are or previously were employed by Defendant in 16 Califomia and who were classified as non-exempt employees at any time during the PAGA 17 Period, which is April 5, 2016 through June 8, 2021. The Court finds this PAGA Payment to be 18 reasonable. All Aggrieved Employees will be sent their share of the PAGA Payment and will be 19 subject to the release of the Released PAGA Claims as set forth below, whether or not they opt out 20 of the Settlement. 21 II. 22 ORDERS 23 Based on the foregoing findings, and good cause appearing, IT IS HEREBY ORDERED: 24 1. The certification of the Class for the purposes of settlement is confirmed. The 25 Class is defined as follows: 26 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 27 Period and who did not previously opt out of the Class post-Class Certification (April 5, 2013 through October 8, 2019). 28 FINAL APPROVAL ORDER AND JUDGMENT 1 2. There were two objections to the Settlement, one from Royleen Herrin and one 2 from Maria Perez. The written objections were provided to the Court along with the Parties' 3 responses. The Court agrees that the objections do not provide a basis for denial of final approval 4 of the settlement and the objections are OVERRULED. 5 3. The Agreement is hereby finally approved as fair, reasonable, adequate, and in the 6 best interest of the Class. 7 4. Class Counsel are awarded attorneys' fees in the amoimt of $ 1,666,666.00 and costs 8 in the amount of $140,000.00. Class Counsel shall not seek or obtain any other compensation or 9 reimbursement from Defendant, Plaintiffs or members of the Class. 10 5. The payment of the Class Representative Service Payments in the amount of 11 $10,000.00 each to the Plaintiffs is approved. 12 6. The payment of $50,000.00 to the Settlement Administrator for their fees and 13 expenses is approved. 14 7. The PAGA Payment of $ 150,000 is approved and shall be allocated in accordance 15 with the Agreement. 16 8. The Agreement and this Settlement are not an admission by Defendant or the 17 Released Parties, nor is this Final Approval Order and Judgment a finding, of the validity of any 18 claims in the Action or of any wrongdoing by Defendant or the Released Parties or that this Action 19 is appropriate for class treatment (other than for settlement purposes). Neither this Final Approval 20 Order and Judgment, the Agreement, nor any document referred to herein, nor any action taken to 21 carry out the Agreement is, may be construed as, or may be used as an admission by or against 22 Defendant or the Released Parties of any fault, wrongdoing or liability whatsoever. The entering 23 into or carrying out of the Agreement, and any negotiations or proceedings related thereto, shall 24 not in any event be construed as, or deemed to be evidence of, an admission or concession with 25 regard to the denials or defenses by Defendant. Notwithstanding these restrictions. Defendant 26 may file in the Action or in any other proceeding this Final Approval Order and Judgment, the 27 Agreement, or any other papers and records on file in the Action as evidence of the Settlement to 28 FINAL APPROVAL ORDER AND JUDGMENT 1 support a defense of res judicata, collateral estoppel, release, or other theory of claim or issue 2 preclusion or similar defense as to the Released Class Claims and/or the Released PAGA Claims. 3 9. Notice of entry of this Final Approval Order and Judgment shall be given to all 4 Parties by Class Counsel on behalf of Plaintiffs and all Class Members. The Final Approval Order 5 and Judgment shall be posted on the Settlement Administrator's website as set forth in the Class 6 Notice to the Class. It shall not be necessary to send notice of entry of this Final Approval Order 7 and Judgment to individual Class Members. 8 10. Ifthe Agreement does not become final and effective in accordance with the terms 9 of the Agreement, then this Final Approval Order and Judgment, and all orders entered in 10 connection herewith, shall be rendered null and void and shall be vacated, and the Parties shall ll revert to their respective positions as of before entering into the Agreement, and expressly reserve 12 their respective rights regarding the prosecution and defense of this Action, including all available 13 defenses and affirmative defenses, and arguments that any claim in the Action could not be 14 certified as a class action and/or managed as a representative action. 15 IT IS HEREBY ORDERED, ADJUDICATED AND DECREED THAT: 16 1. Except as set forth in the Agreement and this Final Approval Order and Judgment, 17 Plaintiffs, and all members of the Class, shall take nothing in the Action. 18 2. Pursuant to Califomia Code of Civil Procedure section 664.6, the Court shall retain 19 jurisdiction to construe, interpret, implement and enforce the Agreement, to hear and resolve any 20 contested challenge to a claim for settlement benefits, and to supervise and adjudicate any dispute 21 arising from or in connection with the distribution of settiement benefits. 22 3. The Parties are authorized, withoutfiartherapproval from the Court, to agree to and 23 to adopt such amendments, modifications and expansions of the Agreement and all exhibits 24 attached thereto which are consistent with this Final Approval Order and Judgment and do not 25 limit therightsof the Class Members. 26 4. Each party shall bear its own attorneys' fees and costs, except as otherwise 27 provided in the Agreement and in this Final Approval Order and Judgment. 28 FINAL APPROVAL ORDER AND JUDGMENT 1 5. Upon entry of the Judgment, each Class Member who has not validly opted out has 2 released the "Released Class Claims" against the Defendant as set forth in the Agreement. The 3 "Released Class Claims" are all class claims which were pled or could have been pled based on 4 the factual allegations contained in the operative complaint or any amendments thereto which 5 occurred during the Class Period, and expressly excluding all other claims, including all claims 6 alleged in Carranza v. Health Net of California, Inc. (Los Angeles Superior Court, Case No. 7 20STCV14774) (''Carranza Action") and Alvarez v. Health Net of California, Inc. (Sacramento 8 Superior Court, Case No. 34-2020-00289192) (''Alvarez Action"), claims for vested benefits, 9 wrongful termination, unemployment insurance, disability, social security, and workers' 10 compensation, and class claims outside of the Class Period. The Released Class Claims include 11 any claims, demands, lawsuits, administrative actions, arbitrations, and participation to any extent 12 in any pending or future class, collective, or representative actions, or other action of any kind 13 based on the Released Class Claims. The Released Class Claims include known and unknown 14 claims as described in this paragraph. 15 6. Upon entry of the Judgment, Defendant and the Released Parties shall receive a 16 release from the State of Califomia of all PAGA claims which were pled or which could have 17 been pled based on the factual allegations contained in the operative complaint or any amendments 18 thereto and PAGA letters sent by Plaintiffs that occurred during the PAGA Period and excluding 19 all PAGA claims outside of the PAGA Period and all PAGA claims alleged in the Carranza 20 Action and the Alvarez Action ("Released PAGA Claims"). The release of the Released PAGA 21 Claims shall be effective as to all Aggrieved Employees, regardless of whether an Aggrieved 22 Employee submitted a request for an exclusion from the Class post-Class Certification or post- 23 Settlement. The Released PAGA Claims include known and unknown claims as described in this 24 paragraph. 25 7. Upon entry of the Judgment, Plaintiffs generally release and discharge the Released 26 Parties from any and all known and unknown claims,fransactionsor occurrences between them 27 that occurred through the date of the Agreement ("Plaintiffs' Released Claims") as set forth fiilly 28 FINAL APPROVAL ORDER AND JUDGMENT 1 in the Agreement. 2 8. Class Members who failed to present disputes or objections in the marmer provided 3 in the Court's order granting preliminary approval of the Settlement shall be deemed to have 4 waived any right to dispute their Settlement Share and/or object to or appeal the Settlement, 5 respectively. 6 7 LET JUDGMENT BE FORTHWITH ENTERED ACCORDINGLY. IT IS SO ORDERED. 8 9 Dated: ^AUG 1 0 2^ RISTOPHER^. KRUEGER 10 R^^^SUPERIOR COURT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL APPROVAL ORDER AND JUDGMENT PROOF OF SERVICE 2 1 am a citizen of the United States and am employed in the County of Los Angeles, State of Califomia. 1 am over the age of 18 and not a party to the within action. My business address is 3 9665 Wilshire Boulevard, Suite 430 Beveriy Hills, CA 90212. 4 On August 3, 2022,1 served the foregoing documents described as: 5 [PROPOSED] FINAL APPROVAL ORDER AND JUDGMENT 6 in this action by transmitting a tme copy thereof addressed as follows: 7 8 Keith A. Jacoby Norman Blumenthai kiacobv(g).littler.com norm@bamlawca.com 9 Nathaniel H. Jenkins Victoria B. Rivapalacio nienkins@,littler.com victoria@bamlawca.com 10 Barbara Blackburn AJ Bhowmik bblackbum@,littler.com AJ@bamlawca.com 11 Sophia Masada deblo u w@bam lawca. com 12 smasadafgilittler.com victoria@bamlawca.coni LITTLER MENDELSON, P.C. charlotte@bamlawca.com 13 2049 Century Park East, 5''' Floor BLUMENTHAL, NORDREHAUG, & Los Angeles, CA 90067 BHOWMIK 14 Attorneys for Defendant HEALTH NET, 2255 Calle Clara INC. La Jolla, CA 92037 15 Attorneys for Plaintiff ANDREA 16 SPEARS 17 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION 18 Based on a court order or an agreement of the parties to accept service by electronic transmission, 1 electronically served the document(s) to the persons at the electronic service 19 addresses listed above. 20 [X] STATE 21 1 declare under penalty of perjury under the laws of the State of Califomia that the above is 22 true and correct. 23 Executed on August 3, 2022, at Beverly Hills, Califomia. 24 25 Eric Sams 26 27 28 1 PROOF OF SERVICE