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

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                                1   TIMOTHY J. LONG (STATE BAR NO. 137591)
                                                                                        , FILED
          tjlong@omck.com                                                              •ENDORSED
      2   ORRICK, HERRINGTON & SUTCLIFFE LLP
          400 Capitol Mall, Suite 3000                                           2018 H^R-9 PM 2:55
      3   Sacramento, CA 95814-4497
          Telephone: +1 916 447 9200                                              COUH i Y OF SACRAf fENTO'
      4   Facsimile:   +1 916 3294900
      5   STEPHANIE GAIL LEE (STATE BAR NO. 285379)
          Stephanie. lee@orrick. com
      6   ORRICK, HERRINGTON & SUTCLIFFE LLP
          777 Soudi Figueroa Sfreet, Suite 3200
      7   Los Angeles, CA 90017-5855
          Telephone: +1-213-629-2020
      8   Facsimile:     +1-213-612-2499
      9   Attomeys for Defendant
          HEALTH NET OF CALIFORNIA, INC.
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     11                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
     12                                     COUNTY OF SACRAMENTO
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          ANDREA SPEARS, an individual, on behalf             Consolidated Case No. 34-2017-00210560-
     14   of herself and on behalf of all persons similarly   CU-OE-GDS
          situated,
     15                      Plaintiff,                       DEFENDANT'S NOTICE OF MOTION
                                                              AND MOTION TO SEQUENCE
     16          V.                                           DISCOVERY
     17   HEALTH NET OF CALIFORNIA, INC., a                   Date:    April 9, 2018
          Califomia Corporation; and Does 1 through 50,       Time:    9:00 a.m.
     18   inclusive.                                          Dept.:   54
     19                      Defendants.                      Complaint Filed:             April 5, 2017
                                                              FAC Filed:                   June 29, 2017
     20                                                       Consolidated Complaint Filed: Dec. 21, 2017
     21                                                       Complaint Filed: August 1, 2017
          TOMAS R. ARANA, on behalf of himself, all
     22   others similarly situated.

     23                      Plaintiff,
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<    25   HEALTH NET OF CALIFORNIA, INC., a
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          Califomia corporation; and DOES 1-50,
          inclusive.

<3   27                      Defendant.
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o                            DEFENDANT'S NOTICE OF MOTION AND MOTION TO SEQUENCE DISCOVERY
 1    TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
 2           PLEASE TAKE NOTICE dial on April 9, 2018, at 9:00 a.m., or as soontiiereafteras die
 3    matter may be heard in Department 54 of the Superior Court of the State of Califomia, County of
 4    Sacramento, Defendant Health Net of Califomia, Inc. ("Health Net") will and hereby does move,
 5    pursuant lo Code of Civil Procedure section 2019.020(b), goveming legal authorities and the
 6    Coiul's inherent authority, for an order sequencing discovery on seven categories of clairns
 7    asserted by Plaintiffs Andrea Spears and Tomas Arana (collectively, "Plaintiffs"): (1) meal and
 8    rest break, (2) off-the-clock and (3) misclassificafion claims, and derivative (4) wage statement,
 9    (5) waiting time, (6) unfair competifion and (7) PAGA claims
10           This motion is made on the grounds that good cause exists lo sequence discovery so that
11   the parties first address whether certification is appropriate and whether Plaintiffs have standing
12   to represent other allegedly aggrieved employees. Stmcturing discovery in this manner promotes
13   the judicial economy, the convenience of the parties and the interests of justice contemplated in
14   Code of Civil Procedure secfion 2019.020. And, il avoids burdensome, costly and problemafic
15   discovery, all of which would be irrelevant if Plaintiffs cannot establish certification and that they
16   have standing to proceed on a representative basis.
17           This motion is based on this Notice of Motion, the accompanying Memorandum of Points
18   and Authorities, the Declarations of Chrissy Schneider, Ian G. Stewart and Stephanie Gail Lee,
19   and on any argument and evidence lhat may be presented at the hearing on the motion,
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                        DEFENDANT'S NOTICE OF MOTION AND MOTION TO SEQUENCE DISCOVERY
 1          Pursuant lo Local Rule 1.06 (A), the court will make a tentative mling on the merits of
 2   this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
 3   mlings for the department may be downloadedfiromthe Court's public access site. If you do not
 4   have online access, you may call the dedicated phone number for the department as referenced in
 5   the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day
 6   before the hearing and listen to the tentative mling. If you do not call the court and the opposing
 7   party by 4:00 p.m. the court day before the hearing, no hearing will be held.
 8

 9   Dated: March 9,2018                                ORRICK, HERRINGTON & SUTCLIFFE LLP
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11                                                      By:
                                                                   STEPHANIE G A T T L E E
                                                                   Attomeys for Defendant
                                                              HEALTH NET OF CALIFORNIA, INC.
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                       DEFENDANT'S NOTICE OF MOTION AND MOTION TO SEQUENCE DISCOVERY
      1   TIMOTHY J. LONG (STATE BAR NO. 137591)
          tjlong@orrick.com
      2   ORRICK, HERRINGTON & SUTCLIFFE LLP
          400 Capitol Mall, Suite 3000
      3   Sacramento, CA 95814-4497
          Telephone: +1 916 447 9200
      4   Facsimile:    +1 916 329 4900
      5   STEPHANIE GAIL LEE (STATE BAR NO. 285379)
          stephanie.lee@orrick.com
      6   ORRICK, HERRINGTON & SUTCLIFFE LLP
          777 South Figueroa Street, Suite 3200
      7   Los Angeles, CA 90017-5855
          Telephone: +1-213-629-2020
      8   Facsimile:    +1-213-612-2499
      9   Attomeys for Defendant
          HEALTH NET OF CALIFORNIA, INC.
     10
     11                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
     12                                     COUNTY OF SACRAMENTO
     13
          ANDREA SPEARS, an individual, on behalf             Consolidated Case No. 34-2017-00210560-
     14   of herself and on behalf of all persons similarly   CU-OE-GDS
          situated,
     15                      Plaintiff,                       [PROPOSED] ORDER GRANTING
                                                              DEFENDANT'S MOTION TO
     16                                                       SEQUENCE DISCOVERY
     17   HEALTH NET OF CALIFORNIA, INC., a                   Date:    April 9, 2018
          California Corporation; and Does 1 through 50,      Time:    9:00 a.m.
     18   inclusive,                                          Dept.:   54
     19                      Defendants.                      Complaint Filed:            April 5, 2017
                                                              FAC Filed:                  June 29, 2017
     20                                                       Consolidated Complaint Filed: Dec. 21, 2017
     21                                                       ComplaintFiled: August 1, 2017
          TOMAS R. ARANA, on behalf of himself, all
     22   others similarly situated,
<
     23                      Plaintiff,

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     25   HEALTH NET OF CALIFORNIA, INC., a
DC        Califomia corporation; and DOES 1-50,
O    26   inclusive,
     27                      Defendant.
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                          [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
 2          Defendant Health Net of Califomia, Inc.'s ("Health Net") motion to sequence discovery
 3   ("Motion") came regularly for hearing on April 9, 2018 before the Honorable Christopher E.
 4   Krueger in Department 54 of the above-referenced Court.
 5          Upon consideration of the moving, opposition and reply papers, the pleadings in this
 6   action, the arguments of counsel, and all matters presented, the Court rules as follows: Health
 7   Net's Motion is GRANTED.
 8          First, the parties shall first engage in discovery conceming whether certification is
 9   appropriate and whether Plaintiffs Andrea Spears and Tomas Arana (collectively, "Plaintiffs")
10   have standing to represent other allegedly aggrieved employees on their (1) meal and rest break,
11   (2) off-the-clock and (3) misclassification claims, and derivative (4) wage statement, (5) waiting
12 time, (6) unfair competifion and (7) PAGA claims.
13          Second, if and when Plaintiffs certify a class and establish that they have standing to
14   represent other allegedly aggrieved employees, the parties shall proceed to engage in discovery
15   conceming the merits of those claims on a classwide basis. Until such an order, the following
16   discovery is defened and Health Net need not respond to the following discovery at this time:
17      " A l l putative class members' payroll records (Spears Request for Production ("RFP") No.
18          20);
19      •   All putative class members' time records (Spears RFP No. 21; Arana RFP No. 8);
20      •   All putative class members' wage statements (Spears RFP No, 22; Arana RPF No. 9);
21      •   All putative class members' time adjustment records (Arana RFP No. 13);
22      •   For each putative class member, all documents reflecting each time he or she logged into
23          and out of his or her computer over the last four and a half years (Arana RFP Nos. 27 and
24          28);
25      •   For each putative class member, a list identifying all of his or her supervisors and their
26          contact information (Arana Special Interrogatory ("Rog") No. 2);
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                     [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
 1   •   For each putative class member, a list detailing each and every pay period during which
 2       he or she was paid both overtime compensafion and "cash payments in lieu of health
 3       benefits" (Spears Rog No. 6);
 4   •   Data itemizing the total number of putative class members who, at any time during the
 5       relevant period, received overtime compensation and "cash payments in lieu of health
 6       benefits" during the same pay period (Spears Rog No. 7);
 7   •   The identities of all the putative class members who, at any time during the relevant time
 8       period, received overtime compensation and "non-discretionary bonuses, shift differential
 9       pay, night shift premiums, or another form of remuneration" (Arana Rog No. 24);
10   •   For each putative class member and for all putative class members collectively, data
11       itemizing the total number of meal period premiums paid in the last four and a half years
12       (Spears Rog No. 19; Arana Rog No. 15);
13   •   For each putafive class member, data itemizing the total dollar amount of meal period
14       premiums paid during the last four and a half years (Arana Rog No. 17);
15   •   For each putative class member, data identifying the beginning and end dates when meal
16       period premiums have been paid over the last four and a half years (Arana Rog No. 16);
17   •   For each putative class member, data itemizing the total number of rest break premiums
18       paid during the last four and a half years (Arana Rog No. 19);
19   •   For each putative class member, data itemizing the total dollar amount of rest break
20       premiums paid during the last four and a half years (Arana Rog No. 21); and
21   •   For each putative class member, data identifying the beginning and end dates when rest
22       break premiums have been paid over the last four and a half years (Arana Rog No. 20).
23   •   For each non-exempt putative class member, his or her job description and a nanative of
24       his or her job duties (Spears RFP No. 8 and Rog 18);
25   •   For non-exempt putative class members, Health Net's commission pay policies (Spears
26       RFP No. 11);
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                 [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
 1       •    For non-exempt putative class members, the pay codes, descriptions of all the pay codes
 2            and all forms of compensation they were eligible to receive (Spears Rog Nos. 11, 12 and
 3            14); and
 4       •    A supplemental response identifying the Bates numbers of Health Net's policies
 5            concerning the provision of meal periods and meal period premiums to non-exempt
 6            putative class members (Spears Rog Nos. 15-16)
 7   (the "Sequenced Discovery").
 8            This order is made without ruling on Plaintiffs' entitlement to or the priority of the
 9   Sequenced Discovery should Plaintiff certify a class and establish that they have standing to
10   represent other allegedly aggrieved employees. As well, this order does not divest the parties of
11   their obligation to meet and confer in good faith regarding the Sequenced Discovery, including
12   the necessity of it, which the parties must do prior to Health Net responding to it.
13            IT IS SO ORDERED
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15   Dated:

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                                                        By:
17                                                            THE HONORABLE CHRISTOPHER E.
                                                                       KRUEGER
18                                                                   Judge of the Superior Court
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                      [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO SEQUENCE DISCOVERY