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1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (State Bar #068687)
2 Kyle R. Nordrehaug (State Bar #205975)
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Aparajit Bhowmik (State Bar #248066)
Piya Mukherjee (State Bar #274217) nLED/ENDImsiED
Victoria B. Rivapalacio (SBN 275115)
4 2255 Calle Clara
NOV 2 5 2019
La Jolla, CA 92037
5 Telephone: (858)551-1223
Facsimile: (858) 551-1232 By: • tLilPrtalanza
uentifv riari.
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Attomeys for Plaintiff Andrea Spears
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAJVIENTO
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ANDREA SPEARS, an individual, on behalf Case No. 30-2014-00707367-CU-OE-CXC
11 of herself and on behalf of all persons
similarly situated. CLASS ACTION
12 Plaintiff,
13 DECLARATION OF PIYA MUKHERJEE IN
SUPPORT OF MOTION FOR ORDER
14 HEALTH NET OF CALIFORNIA, INC., a APPROVING CLASS NOTICE
Califomia Corporation; and Does 1 through
15 50, inclusive. Judge: Hon. Alan Perkins
Dept: 35
16 Defendants.
Hearing Date: December 18,2019
17 Hearing Time: 2:00 p.m.
TOMAS R. ARANA, on behalf of himself,
18 all others similarly situated,
19 Plaintiff,
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21 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
22 inclusive.
23 Defendant.
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DECLARATION OF PIYA MUKHERJEE
Case No. 34-2017-00210560-CU-OE-GDS
l| DECLARA TION OF PIYA MUKHERJEE
2 I, Piya Mukherjee, declare as follows:
3 1. I am one of attomeys of record for the Plaintiff Andrea Spears and the Certified
4 Classes in the above entitled action, and have personal knowledge of each of the facts set forth herein, and
5 if called upon as a witness could testify competently thereto, except as to the matters stated on information
6 and belief, and as to such matters I believe them to be tme. This declaration is being submitted in support
7 of Plaintiff Andrea Spears' Motion for Order Approving Class Notice.
8 2. Attached hereto as Exhibit 1 is a tme and correct copy of draft class notice which has
9 been accepted by Defendant.
10 3. On October 31, 2019,1 provided a draft class notice to Defendant. On November 13,
11 2019, coimsel for Defendant provided revisions to the class notice and on November 15,2019,1 confirmed
12 that Defendant's revisions were acceptable and asked Defendant to review a stipulation to file with the
13 Court seeking approval of the class notice. I followed up with counsel Defendant regarding the stipulation
14 on November 18, 2019 and November 20, 2019. On November 20, 2019, counsel Defendant provided
15 comments regarding the stipulation and agreed to provide revisions as soon as possible. As of the date of
16 the filing of this motion, however, further revisions have not been proposed leaving Plaintiff no option but
17 to file this motion. Attached hereto as Exhibit 2 is a tme and correct copy of counsel for Plaintiffs meet
18 and confer efforts. To the extent counsel for Defendant responds to counsel for Plaintiff and the Parties
19 reach an agreement regarding a draft class notice. Plaintiff will withdraw this motion.
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21 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the foregoing is tme
22 and correct. Executed this 22nd day of November, 2019, at La Jolla, Califomia.
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25 PIYA ]VtUKHERJEE ^
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DECLARATION OF FIY A MUKHERJEE
Case No. 34-2017-00210560-CU-OE-GDS
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DECLARATION OF ?IYA MUKHERJEE
Case No. 34-2017-00210560-CU-OE-GDS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTV OF SACRAMENTO
ANDREA SPEARS, an individual, on behalf of CONSOLIDATED CASE NO.
herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS
similarly situated.
Plaintiff, NOTICE OF PENDENCY OF CLASS
ACTION
HEALTH NET OF CALIFORNIA, INC., a Califomia
Corporation; and DOES 1 to 50, inclusive,
Defendants.
TOMAS R. ARANA, on behalf of himself, all persons
similarly situated.
Plaintiff,
HEALTH NET OF CALIFORNIA, HMC, a Califomia
Corporation; and DOES 1-50, inclusive.
Defendants
TO; All individuals who are or previously were employed by Defendant Health Nel of Califomia, Inc. ("Health Net") in
Califomia and classified as non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive
payments and/or Wellness Incentive payments at any time between April 5, 2013 and December 31, 2016 (the "Class"); and all
individuals who are or previously were employed by Health Net in Cahfomia as non-exempt or hourly employees who manually entered
their start time using Health Net's time keeping system (the "Issue Class").
A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed as a class action.
A class action lawsuit is a lawsuit in which one or more persons sue on behalf of themselves and others who have similar claims. This
Notice contains important information which may affect you. Please read it carefully. VOU ARE NOT BEING SUED.
THE LAWSUIT
Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Nel of California, Inc. and Tomas
R. Arana v. Health Nel of Califomia, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS (the "Lawsuit"). In this
lawsuit, plaintiffs allege that Health Net failed to provide ovenime wages pursuant to Califomia Labor Code §§ 510 and 1198 to the Class
because "MedFlxWave" payments, "DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive
payments were improperiy calculated and/or improperiy excluded from the regular rate. As a derivative of this claim, plaintiffs also
allege unfair competition, wage statement violations, and waiting time penalties. Plaintiffs seeks unpaid wages, penalties, interest, and
attorneys' fees.
The Court also certified the following question for class treatment: whether Health Net's time recording system in effect from
April 5, 2013 to October 8, 2019 prevented an accurate capture of the start time of the class members. The answer to this question affects
class individuals who manually entered their start time using Health Net's time-keeping systems.
Health Net denies that it engaged in any unlawful conduct, denies any liability and/or wrongdoing of any kind with respect to
these allegations, denies that it owes any additional wages, and denies that it injured or damaged any of the class members in any way.
DEFINITION OF THE CLASS
On October 8, 2019, the Court certified the following Class:
• All individuals who are or previously were employed by Defendant Health Nel of California, Inc. in Califomia and classified as
non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or
Wellness Incentive payments during the period of April 05,2013 and December 31,2016; and
• All individuals who are or previously were employed by Health Net in Califomia as non-exempt or hourly employees who
manually entered their start time using Health Net's time keeping system.
The Court has not formed any opinions and/or made any decisions conceming the merits of the Lawsuit and has not made any decisions
about who isrightor wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion ofthe Court.
REPRESENTATION OF THE CLASS
• Class Counsel identified below represents the class members without any charge. Any reimbursement of costs or expenses or
award of attorney fees to Class Counsel will be made by the Court from any recovery forthe class niembers or from Health Net directly.
If you so choose, you may also hire your own counsel, at your own expense, to represent you or advise you about your legal rights.
YOUR OPTIONS REGARDING CLASS MEMBERSHIP
Class members may choose to remain in the class or to opt out of it. If you do not opt out of the class, you will remain a member
of the class and will be bound by the outcome of the lawsuit. Any claims that you may have against Health Net arising from the matters
alleged in the class action will be decided in the class action, in which you will be represented by Class Counsel. You will share in any
recovery obtained for the class, but you will not be able to sue for the same claims in another lawsuit even if the class does not win this
case IF VOU WANT TO REMAIN A MEMBER OF THE CLASS, YOU SHOULD NOT SEND IN THE "REQUEST FOR
EXCLUSION FROM CLASS." VOU DO NOT HAVE TO DO ANYTHING AT THIS TIME.
IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION. YOU MliST COMPLETE AND MAIL THE
ATTACHED "REOUEST FOR EXCLUSION FROM CLASS" fPOSTAGE PRE-PAD) POSTCARD. POSTMARKED ON OR
BEFORE Idatel. TO THE CLASS ADMINISTRATOR AT THE FOLLOWING ADDRESS:
Health Net of Califomia Employment Litigation Class Administration,
c/o [insert: name of administrator]
[insert: address]
[insert: telephone and facsimile numbers]
[insen: email address]
A "Request for Exclusion from Class ("Opt-Out")" postcard is enclosed with this notice. The request should be signed with your
name and address printed below your signature, and post-marked on or before , 2019, which is forty-five (45) days from the
date of mailing. Ifyou do not make a timely request for exclusion in the manner specified, you will be bound by any Judgment or
settlement in the case. Ifyou request to be excluded from the class, you will not share in arty recovery (if any) that may be made in the
class action. You will not be bound by any judgment in the class aclion. You are free to file your own lawsuit against the defendanls.
FURTHER INFORMATION
If you have any questions about this Notice, or this lawsuit, you may contact the Class Administrator, [insert: name], or any of the
attomeys listed below who are representing parties in this lawsuit.
Class Counsel: Health Net's Counsel:
Nicholas De Blouw Timothy J. Long, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Rowena Santos, Esq.
2255 Calle Clara GREENBERG TRAURIG, LLP
La Jolla, CA 92037 1201 K. Street, Suite 1100
Tel.: (858) 551-1223 ext. 1004/ Fax: (858) 551-1232 Sacramento. CA 95814
E-Mail: nick(3!bamlawca.com Tel.: (916) 868-0677
E-mail: longt@gtlaw.com
Shaun Setareh santosro@gtlaw.com
SETAREH LAW GROUP
9454 Wilshire Blvd., Suite 907
Beverly Hills, CA 90212
Tel.: (310) 888-7771
E-Mail: shaun(S!setarehlaw.com
You are not obligated to speak with Plaintiffs attomeys. Defendants' attomeys, or anyone else about the Lawsuit. Whether or not you
choose to speak to anyone about the Lawsuit is entirely your choice.
THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANV OPINION BY THE COIIRT AS
TO THE MERITS OFTHE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS LITIGATION. PLEASE DO NOT CONTACT THE
COURT ORTHE COURT CLERK REGARDING THIS ACTION
Postcard Front
Postcard Back
REQUEST FOR EXCLUSION FROIVI CLASS
If you do not want to be include in the plaintiff class in the case entitled, Spears v.
Health Net of Califorma, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS, filed in the
Sacramento County Superior Court, you must sign, date, and postmark this card by
(insert 45 days after mailing], 2019. If you do not return this card by [45 days from
date of mailing notice], you will remain a member of the class and will be bound by
the outcome of the lawsuit.
This postcard includes pre-paid postage; you do not need a stamp.
I wish to and request to be excluded from the plaintiff class in the case entitled, Spears
V. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-20I7-002i0560-CU-OE-GDS.
I declare under penalty of perjury under the laws of the State of Califomia that the
information on this postcard is true and correct.
Signature Date
Print Name
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DECLARATION OF PIYA MUKHERJEE
Case No. 34-2017-00210560-CU-OE-GDS
^i^aJMukherje^
From: . santosro@gtlaw.com
Sent: Wednesday, November 20, 2019 2:16 PM
To: piya(g>bamlawca.com; Norm@bannlawca.com; kyle@bamlawca.com; AJ@bamlawca.com;
victoria@bamlawca.com; shaun@setarehlaw.com; wiiliam@setarehlaw.com
Cc: longt@gtlaw.com
Subject: RE: Spears v. Health Net of California, Inc. - Ciass Notice
Attachments: 45379470_v 1_Spears - Substitution of Attorney (FILED).pdf
Piya
We are currently reviewing the Stipulation. Two matters that immediately stick out:
1. Greenberg Traurig substituted into this action for Orrick as of 08/06/19. See attached. The attomey
information for Defendant's counsel should be as follows:
TIMOTHY J. LONG (STATE BAR NO. 137591)
longt(^gtlaw.com
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-4497
Telephone: +1 916 442 1111
Facsimile: -^1 916 448 1709
ROWENA SANTOS (STATE BAR NO. 210185)
santosro(^gtlaw.com
GREENBERG TRAURIG, LLP
18565 Jamboree Road, Suite 500
Irvine, CA 92612
Telephone: +1949 7326500
Facsimile: +1949 732 6501
2. Seven (7) calendar days from the entry of the Order to provide the last known names and addresses of
the members ofthe Certified Classes, especially in light of the holidays, is simply unreasonable.
We will endeavor to get back to you as soon as possible with fhe revisions.
Rowena
Rowena Santos
Practice Group Attomey
Greenberg Traurig, LLP
18565 Jamboree Road
Suite 500 I In/ine, CA 92612
T +1 949.732.6668
santosro(S)qtlaw.com | www.Qtlaw.com | View GT Biography
GreenbergTraurig
We've moviedl
Please note our new adilress
above. Phone numbers arid
email addresses remam. the same.
From: Piya Mukherjee [mailto:piya@bamlawca.com]
Sent: Wednesday, November 20, 2019 1:16 PM
To: Santos, Rowena (PracticeGroupAtty-OC-LT) ; Norm Blumenthal ;
Kyle Nordrehaug ; AJ B ; Victoria Rivapalacio ;
shaun@setarehlaw.com; william@setarehlaw.com
Cc: Long, Timothy (ShId-SAC-LA-Labor-EmpLaw)
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
Rowena,
Following up again regarding the stipulation. Please sign and return as soon as possible so we get it filed with the Court.
We have reserved December 18, 2019 (same date as our CMC) for a motion to approve the class notice. I was hopeful
that a motion will not be necessary to seek approval of an agreed-upon class notice, but 1 will need to file the motion on
Friday if we cannot get the stipulation done and signed.
Thanks,
Piya
From: Piya Mukherjee
Sent: Monday, November 18, 2019 1:15 PM
To: 'santosro@gtlaw.com' : 'Norm Blumenthal' : 'Kyle Nordrehaug'
: 'AJ B' : 'Victoria Rivapalacio' :
'shaun@setarehlaw.com' ; 'william@setarehlaw.com'
Cc: 'longt@gtlaw.com'
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
Rowena,
I'm following up regarding the class notice and stipulation. Is ILYM acceptable as the TPA?
Please sign and return the stipulation as soon as possible.
Thanks,
Piya
From: Piya Mukherjee
Sent: Friday, November 15, 2019 4:40 PM
To: 'santosro@gtlaw.com' : 'Norm Blumenthal' : 'Kyle Nordrehaug'
: 'AJ B' : 'Victoria Rivapalacio' :
'shaun@setarehlaw.com' : 'william@setarehlaw.com'
Cc: 'longt@gtlaw.com'
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
Rowena,
plaintiffs will cover the cost ofthe class notice. The stipulation I previously sent you (which is attached again hereto)
identified ILYM as the TPA. I trust this is agreeable considering Plaintiffs will be covering the cost.
Thanks,
Piya
From: Piya Mukherjee
Sent: Friday, November 15, 2019 4:22 PM
To: 'santosro@gtlaw.com' : Norm Blumenthal : Kyle Nordrehaug
: AJ B ; Victoria Rivapalacio :
'shaun@setarehlaw.com' : 'william@setarehlaw.com'
Cc: 'longt@gtlaw.com'
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
Rowena,
I'll get back to you regarding the administration costs on Monday.
With respect to the TPA, we propose ILYM. Please confirm that this works for you.
Thanks,
Piya
From: santosro@gtlaw.com
Sent: Friday, November 15, 2019 4:18 PM
To: piva@bamlawca.com; Norm@bamlawca.com: kvle@bamlawca.com: AJ@bamlawca.com: victoria@bamlawca.com:
shaun@setarehlaw.com: william@setarehlaw.com
Cc: longt@gtlaw.com
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
Piya
Given your agreement, there are two matters that we still need to discuss: (1) identifying the 3rd party administrator,
and (2) the payment for the services of the administrator.
It is Health Net's position that the costs for the administrator should be paid by the Plaintiffs.
Is this agreeable to you?
Rowena
Rowena Santos
Practice Group Attomey
Greenberg Traurig, LLP
18565 Jamboree Road
Suite 500 I Irvine, CA 92612
T +1 949.732.6668
santosro(a>atlaw.com j yi/ww.otlaw.com | View GT Biography
GreenbergTraurig
We've niovedJ
Please note our new address
above. Phone numbers and
emailaddresses remain the same.
From: Piya Mukherjee fmailto:piva@bamlawca.com1
Sent: Friday, November 15, 2019 3:54 PM
To: Santos, Rowena (PracticeGroupAtty-OC-LT) : Norm Blumenthal :
Kyle Nordrehaug : AJ B : Victoria Rivapalacio :
shaun@setarehlaw.com; william@setarehlaw.com
Cc: Long, Timothy (ShId-SAC-LA-Labor-EmpLaw)
Subject: RE: Spears v. Health Net of California, Inc. - Class Notice
•EXTERNAL TO GT*
HI Rowena,
The proposed changes were fine with us.
Attached please find a stipulation and proposed order approving the class notice. If all parties are agreeable to the
attached class notice and stipulation, please sign and return as soon as possible. Ifyou propose any revisions, please let
me know.
Thanks,
Piya
From: santosro@gtlaw.com
Sent: Wednesday, November 13, 2019 3:00 PM
To: piva@bamlawca.com: Norm@bamlawca.com: kvle@bamlawca.com: AJ@bamlawca.com: victoria@bamlawca.com:
shaun@setarehlaw.com: william@setarehlaw.com
Cc: longt@gtlaw.com
Subject: Spears v. Health Net of California, Inc. - Class Notice
Counsel
We have yet to receive the updated Class Notice with Shaun's insert. Notwithstanding, we've made some proposed
revisions to the Class Notice. I've attached a clean copy of the same and a pdf copy of the redline.
If you have any questions or comments, please do not hesitate to contact us.
Sincerely
Rowena
Rowena Santos
Practice Group Attorney
Greenberg Traurig, LLP
18565 Jamboree Road
Suite 500 I In/ine, CA 92612
T +1 949.732.6668
santosro(5)gtlaw.com | www.qtlaw.com | View GT Biography
G reenberglraurig
We'iye moued/
Please note our newnddr^s
aboveiPhone numbers and
email addresses remain the same.
From: Piya Mukherjee
Sent: Thursday, October 31, 2019 10:57 AM
To: 'longt@gtlaw.com'
Cc: Norm Blumenthal : Kyle Nordrehaug : AJ B :
Victoria Rivapalacio : 'Shaun Setareh' : 'William Pao'
: 'sacki@gtlaw.com'
Subject: Spears v. Health Net of California, Inc.
Hi Tim,
Attached please find a draft class notice for your review. There is a highlighted portion which I believe Shaun will be
inserting soon, but 1 wanted to get the draft over to you so you can begin reviewing. If you propose any revisions, please
redline.
Thanks,
Piya
If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us
immediately at postmaster@gtlaw.com. and do not use or disseminate the information.
Preview
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (State Bar #068687) 2 Kyle R. Nordrehaug (State Bar #205975) 3 Aparajit Bhowmik (State Bar #248066) Piya Mukherjee (State Bar #274217) nLED/ENDImsiED Victoria B. Rivapalacio (SBN 275115) 4 2255 Calle Clara NOV 2 5 2019 La Jolla, CA 92037 5 Telephone: (858)551-1223 Facsimile: (858) 551-1232 By: • tLilPrtalanza uentifv riari. 6 Attomeys for Plaintiff Andrea Spears 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAJVIENTO 10 ANDREA SPEARS, an individual, on behalf Case No. 30-2014-00707367-CU-OE-CXC 11 of herself and on behalf of all persons similarly situated. CLASS ACTION 12 Plaintiff, 13 DECLARATION OF PIYA MUKHERJEE IN SUPPORT OF MOTION FOR ORDER 14 HEALTH NET OF CALIFORNIA, INC., a APPROVING CLASS NOTICE Califomia Corporation; and Does 1 through 15 50, inclusive. Judge: Hon. Alan Perkins Dept: 35 16 Defendants. Hearing Date: December 18,2019 17 Hearing Time: 2:00 p.m. TOMAS R. ARANA, on behalf of himself, 18 all others similarly situated, 19 Plaintiff, 20 21 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 22 inclusive. 23 Defendant. 24 25 26 27 28 DECLARATION OF PIYA MUKHERJEE Case No. 34-2017-00210560-CU-OE-GDS l| DECLARA TION OF PIYA MUKHERJEE 2 I, Piya Mukherjee, declare as follows: 3 1. I am one of attomeys of record for the Plaintiff Andrea Spears and the Certified 4 Classes in the above entitled action, and have personal knowledge of each of the facts set forth herein, and 5 if called upon as a witness could testify competently thereto, except as to the matters stated on information 6 and belief, and as to such matters I believe them to be tme. This declaration is being submitted in support 7 of Plaintiff Andrea Spears' Motion for Order Approving Class Notice. 8 2. Attached hereto as Exhibit 1 is a tme and correct copy of draft class notice which has 9 been accepted by Defendant. 10 3. On October 31, 2019,1 provided a draft class notice to Defendant. On November 13, 11 2019, coimsel for Defendant provided revisions to the class notice and on November 15,2019,1 confirmed 12 that Defendant's revisions were acceptable and asked Defendant to review a stipulation to file with the 13 Court seeking approval of the class notice. I followed up with counsel Defendant regarding the stipulation 14 on November 18, 2019 and November 20, 2019. On November 20, 2019, counsel Defendant provided 15 comments regarding the stipulation and agreed to provide revisions as soon as possible. As of the date of 16 the filing of this motion, however, further revisions have not been proposed leaving Plaintiff no option but 17 to file this motion. Attached hereto as Exhibit 2 is a tme and correct copy of counsel for Plaintiffs meet 18 and confer efforts. To the extent counsel for Defendant responds to counsel for Plaintiff and the Parties 19 reach an agreement regarding a draft class notice. Plaintiff will withdraw this motion. 20 21 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the foregoing is tme 22 and correct. Executed this 22nd day of November, 2019, at La Jolla, Califomia. 23 24 25 PIYA ]VtUKHERJEE ^ 26 27 28 DECLARATION OF FIY A MUKHERJEE Case No. 34-2017-00210560-CU-OE-GDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 EXHTBTT 1 23 24 25 26 27 28 DECLARATION OF ?IYA MUKHERJEE Case No. 34-2017-00210560-CU-OE-GDS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTV OF SACRAMENTO ANDREA SPEARS, an individual, on behalf of CONSOLIDATED CASE NO. herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS similarly situated. Plaintiff, NOTICE OF PENDENCY OF CLASS ACTION HEALTH NET OF CALIFORNIA, INC., a Califomia Corporation; and DOES 1 to 50, inclusive, Defendants. TOMAS R. ARANA, on behalf of himself, all persons similarly situated. Plaintiff, HEALTH NET OF CALIFORNIA, HMC, a Califomia Corporation; and DOES 1-50, inclusive. Defendants TO; All individuals who are or previously were employed by Defendant Health Nel of Califomia, Inc. ("Health Net") in Califomia and classified as non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments at any time between April 5, 2013 and December 31, 2016 (the "Class"); and all individuals who are or previously were employed by Health Net in Cahfomia as non-exempt or hourly employees who manually entered their start time using Health Net's time keeping system (the "Issue Class"). A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed as a class action. A class action lawsuit is a lawsuit in which one or more persons sue on behalf of themselves and others who have similar claims. This Notice contains important information which may affect you. Please read it carefully. VOU ARE NOT BEING SUED. THE LAWSUIT Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Nel of California, Inc. and Tomas R. Arana v. Health Nel of Califomia, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS (the "Lawsuit"). In this lawsuit, plaintiffs allege that Health Net failed to provide ovenime wages pursuant to Califomia Labor Code §§ 510 and 1198 to the Class because "MedFlxWave" payments, "DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments were improperiy calculated and/or improperiy excluded from the regular rate. As a derivative of this claim, plaintiffs also allege unfair competition, wage statement violations, and waiting time penalties. Plaintiffs seeks unpaid wages, penalties, interest, and attorneys' fees. The Court also certified the following question for class treatment: whether Health Net's time recording system in effect from April 5, 2013 to October 8, 2019 prevented an accurate capture of the start time of the class members. The answer to this question affects class individuals who manually entered their start time using Health Net's time-keeping systems. Health Net denies that it engaged in any unlawful conduct, denies any liability and/or wrongdoing of any kind with respect to these allegations, denies that it owes any additional wages, and denies that it injured or damaged any of the class members in any way. DEFINITION OF THE CLASS On October 8, 2019, the Court certified the following Class: • All individuals who are or previously were employed by Defendant Health Nel of California, Inc. in Califomia and classified as non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during the period of April 05,2013 and December 31,2016; and • All individuals who are or previously were employed by Health Net in Califomia as non-exempt or hourly employees who manually entered their start time using Health Net's time keeping system. The Court has not formed any opinions and/or made any decisions conceming the merits of the Lawsuit and has not made any decisions about who isrightor wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion ofthe Court. REPRESENTATION OF THE CLASS • Class Counsel identified below represents the class members without any charge. Any reimbursement of costs or expenses or award of attorney fees to Class Counsel will be made by the Court from any recovery forthe class niembers or from Health Net directly. If you so choose, you may also hire your own counsel, at your own expense, to represent you or advise you about your legal rights. YOUR OPTIONS REGARDING CLASS MEMBERSHIP Class members may choose to remain in the class or to opt out of it. If you do not opt out of the class, you will remain a member of the class and will be bound by the outcome of the lawsuit. Any claims that you may have against Health Net arising from the matters alleged in the class action will be decided in the class action, in which you will be represented by Class Counsel. You will share in any recovery obtained for the class, but you will not be able to sue for the same claims in another lawsuit even if the class does not win this case IF VOU WANT TO REMAIN A MEMBER OF THE CLASS, YOU SHOULD NOT SEND IN THE "REQUEST FOR EXCLUSION FROM CLASS." VOU DO NOT HAVE TO DO ANYTHING AT THIS TIME. IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION. YOU MliST COMPLETE AND MAIL THE ATTACHED "REOUEST FOR EXCLUSION FROM CLASS" fPOSTAGE PRE-PAD) POSTCARD. POSTMARKED ON OR BEFORE Idatel. TO THE CLASS ADMINISTRATOR AT THE FOLLOWING ADDRESS: Health Net of Califomia Employment Litigation Class Administration, c/o [insert: name of administrator] [insert: address] [insert: telephone and facsimile numbers] [insen: email address] A "Request for Exclusion from Class ("Opt-Out")" postcard is enclosed with this notice. The request should be signed with your name and address printed below your signature, and post-marked on or before , 2019, which is forty-five (45) days from the date of mailing. Ifyou do not make a timely request for exclusion in the manner specified, you will be bound by any Judgment or settlement in the case. Ifyou request to be excluded from the class, you will not share in arty recovery (if any) that may be made in the class action. You will not be bound by any judgment in the class aclion. You are free to file your own lawsuit against the defendanls. FURTHER INFORMATION If you have any questions about this Notice, or this lawsuit, you may contact the Class Administrator, [insert: name], or any of the attomeys listed below who are representing parties in this lawsuit. Class Counsel: Health Net's Counsel: Nicholas De Blouw Timothy J. Long, Esq. BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Rowena Santos, Esq. 2255 Calle Clara GREENBERG TRAURIG, LLP La Jolla, CA 92037 1201 K. Street, Suite 1100 Tel.: (858) 551-1223 ext. 1004/ Fax: (858) 551-1232 Sacramento. CA 95814 E-Mail: nick(3!bamlawca.com Tel.: (916) 868-0677 E-mail: longt@gtlaw.com Shaun Setareh santosro@gtlaw.com SETAREH LAW GROUP 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 Tel.: (310) 888-7771 E-Mail: shaun(S!setarehlaw.com You are not obligated to speak with Plaintiffs attomeys. Defendants' attomeys, or anyone else about the Lawsuit. Whether or not you choose to speak to anyone about the Lawsuit is entirely your choice. THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANV OPINION BY THE COIIRT AS TO THE MERITS OFTHE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS LITIGATION. PLEASE DO NOT CONTACT THE COURT ORTHE COURT CLERK REGARDING THIS ACTION Postcard Front Postcard Back REQUEST FOR EXCLUSION FROIVI CLASS If you do not want to be include in the plaintiff class in the case entitled, Spears v. Health Net of Califorma, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS, filed in the Sacramento County Superior Court, you must sign, date, and postmark this card by (insert 45 days after mailing], 2019. If you do not return this card by [45 days from date of mailing notice], you will remain a member of the class and will be bound by the outcome of the lawsuit. This postcard includes pre-paid postage; you do not need a stamp. I wish to and request to be excluded from the plaintiff class in the case entitled, Spears V. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-20I7-002i0560-CU-OE-GDS. I declare under penalty of perjury under the laws of the State of Califomia that the information on this postcard is true and correct. Signature Date Print Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 EXHTBTT 2 23 24 25 26 27 28 DECLARATION OF PIYA MUKHERJEE Case No. 34-2017-00210560-CU-OE-GDS ^i^aJMukherje^ From: . santosro@gtlaw.com Sent: Wednesday, November 20, 2019 2:16 PM To: piya(g>bamlawca.com; Norm@bannlawca.com; kyle@bamlawca.com; AJ@bamlawca.com; victoria@bamlawca.com; shaun@setarehlaw.com; wiiliam@setarehlaw.com Cc: longt@gtlaw.com Subject: RE: Spears v. Health Net of California, Inc. - Ciass Notice Attachments: 45379470_v 1_Spears - Substitution of Attorney (FILED).pdf Piya We are currently reviewing the Stipulation. Two matters that immediately stick out: 1. Greenberg Traurig substituted into this action for Orrick as of 08/06/19. See attached. The attomey information for Defendant's counsel should be as follows: TIMOTHY J. LONG (STATE BAR NO. 137591) longt(^gtlaw.com GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-4497 Telephone: +1 916 442 1111 Facsimile: -^1 916 448 1709 ROWENA SANTOS (STATE BAR NO. 210185) santosro(^gtlaw.com GREENBERG TRAURIG, LLP 18565 Jamboree Road, Suite 500 Irvine, CA 92612 Telephone: +1949 7326500 Facsimile: +1949 732 6501 2. Seven (7) calendar days from the entry of the Order to provide the last known names and addresses of the members ofthe Certified Classes, especially in light of the holidays, is simply unreasonable. We will endeavor to get back to you as soon as possible with fhe revisions. Rowena Rowena Santos Practice Group Attomey Greenberg Traurig, LLP 18565 Jamboree Road Suite 500 I In/ine, CA 92612 T +1 949.732.6668 santosro(S)qtlaw.com | www.Qtlaw.com | View GT Biography GreenbergTraurig We've moviedl Please note our new adilress above. Phone numbers arid email addresses remam. the same. From: Piya Mukherjee [mailto:piya@bamlawca.com] Sent: Wednesday, November 20, 2019 1:16 PM To: Santos, Rowena (PracticeGroupAtty-OC-LT) ; Norm Blumenthal ; Kyle Nordrehaug ; AJ B ; Victoria Rivapalacio ; shaun@setarehlaw.com; william@setarehlaw.com Cc: Long, Timothy (ShId-SAC-LA-Labor-EmpLaw) Subject: RE: Spears v. Health Net of California, Inc. - Class Notice Rowena, Following up again regarding the stipulation. Please sign and return as soon as possible so we get it filed with the Court. We have reserved December 18, 2019 (same date as our CMC) for a motion to approve the class notice. I was hopeful that a motion will not be necessary to seek approval of an agreed-upon class notice, but 1 will need to file the motion on Friday if we cannot get the stipulation done and signed. Thanks, Piya From: Piya Mukherjee Sent: Monday, November 18, 2019 1:15 PM To: 'santosro@gtlaw.com' : 'Norm Blumenthal' : 'Kyle Nordrehaug' : 'AJ B' : 'Victoria Rivapalacio' : 'shaun@setarehlaw.com' ; 'william@setarehlaw.com' Cc: 'longt@gtlaw.com' Subject: RE: Spears v. Health Net of California, Inc. - Class Notice Rowena, I'm following up regarding the class notice and stipulation. Is ILYM acceptable as the TPA? Please sign and return the stipulation as soon as possible. Thanks, Piya From: Piya Mukherjee Sent: Friday, November 15, 2019 4:40 PM To: 'santosro@gtlaw.com' : 'Norm Blumenthal' : 'Kyle Nordrehaug' : 'AJ B' : 'Victoria Rivapalacio' : 'shaun@setarehlaw.com' : 'william@setarehlaw.com' Cc: 'longt@gtlaw.com' Subject: RE: Spears v. Health Net of California, Inc. - Class Notice Rowena, plaintiffs will cover the cost ofthe class notice. The stipulation I previously sent you (which is attached again hereto) identified ILYM as the TPA. I trust this is agreeable considering Plaintiffs will be covering the cost. Thanks, Piya From: Piya Mukherjee Sent: Friday, November 15, 2019 4:22 PM To: 'santosro@gtlaw.com' : Norm Blumenthal : Kyle Nordrehaug : AJ B ; Victoria Rivapalacio : 'shaun@setarehlaw.com' : 'william@setarehlaw.com' Cc: 'longt@gtlaw.com' Subject: RE: Spears v. Health Net of California, Inc. - Class Notice Rowena, I'll get back to you regarding the administration costs on Monday. With respect to the TPA, we propose ILYM. Please confirm that this works for you. Thanks, Piya From: santosro@gtlaw.com Sent: Friday, November 15, 2019 4:18 PM To: piva@bamlawca.com; Norm@bamlawca.com: kvle@bamlawca.com: AJ@bamlawca.com: victoria@bamlawca.com: shaun@setarehlaw.com: william@setarehlaw.com Cc: longt@gtlaw.com Subject: RE: Spears v. Health Net of California, Inc. - Class Notice Piya Given your agreement, there are two matters that we still need to discuss: (1) identifying the 3rd party administrator, and (2) the payment for the services of the administrator. It is Health Net's position that the costs for the administrator should be paid by the Plaintiffs. Is this agreeable to you? Rowena Rowena Santos Practice Group Attomey Greenberg Traurig, LLP 18565 Jamboree Road Suite 500 I Irvine, CA 92612 T +1 949.732.6668 santosro(a>atlaw.com j yi/ww.otlaw.com | View GT Biography GreenbergTraurig We've niovedJ Please note our new address above. Phone numbers and emailaddresses remain the same. From: Piya Mukherjee fmailto:piva@bamlawca.com1 Sent: Friday, November 15, 2019 3:54 PM To: Santos, Rowena (PracticeGroupAtty-OC-LT) : Norm Blumenthal : Kyle Nordrehaug : AJ B : Victoria Rivapalacio : shaun@setarehlaw.com; william@setarehlaw.com Cc: Long, Timothy (ShId-SAC-LA-Labor-EmpLaw) Subject: RE: Spears v. Health Net of California, Inc. - Class Notice •EXTERNAL TO GT* HI Rowena, The proposed changes were fine with us. Attached please find a stipulation and proposed order approving the class notice. If all parties are agreeable to the attached class notice and stipulation, please sign and return as soon as possible. Ifyou propose any revisions, please let me know. Thanks, Piya From: santosro@gtlaw.com Sent: Wednesday, November 13, 2019 3:00 PM To: piva@bamlawca.com: Norm@bamlawca.com: kvle@bamlawca.com: AJ@bamlawca.com: victoria@bamlawca.com: shaun@setarehlaw.com: william@setarehlaw.com Cc: longt@gtlaw.com Subject: Spears v. Health Net of California, Inc. - Class Notice Counsel We have yet to receive the updated Class Notice with Shaun's insert. Notwithstanding, we've made some proposed revisions to the Class Notice. I've attached a clean copy of the same and a pdf copy of the redline. If you have any questions or comments, please do not hesitate to contact us. Sincerely Rowena Rowena Santos Practice Group Attorney Greenberg Traurig, LLP 18565 Jamboree Road Suite 500 I In/ine, CA 92612 T +1 949.732.6668 santosro(5)gtlaw.com | www.qtlaw.com | View GT Biography G reenberglraurig We'iye moued/ Please note our newnddr^s aboveiPhone numbers and email addresses remain the same. From: Piya Mukherjee Sent: Thursday, October 31, 2019 10:57 AM To: 'longt@gtlaw.com' Cc: Norm Blumenthal : Kyle Nordrehaug : AJ B : Victoria Rivapalacio : 'Shaun Setareh' : 'William Pao' : 'sacki@gtlaw.com' Subject: Spears v. Health Net of California, Inc. Hi Tim, Attached please find a draft class notice for your review. There is a highlighted portion which I believe Shaun will be inserting soon, but 1 wanted to get the draft over to you so you can begin reviewing. If you propose any revisions, please redline. Thanks, Piya If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com. and do not use or disseminate the information.