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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tilongtglorrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhortonfolorrick.coin
3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288167)
atltzgerald(5).omck.com
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
6 Facsimile: +1 916 329 4900
7 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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COUNSEL FOR PLAINTIFFS ON NEXT PAGE
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
U COUNTY OF SACRAMENTO
12 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf of all persons CU-OE-GDS
13 similarly situated,
STIPULATION AND [PROPOSED]
14 PlaintifF, ORDER TO WITHDRAW THE
DECLARATIONS OF TOBY ALFRED,
15 JAMES BJORSETH, SHANEL ALLEN,
HEALTH NET OF CALIFORNIA, INC., a VERONICA PEREZ, AND PATRICIA
16 Califomia Corporation; and Does I through GONZALES !
50, inclusive.
17 Defendants. Date: April 11,2019
Time: 10:00 a.m.
18 Courtroom: Dept. 35
Judge: Hon. Alan G. Perkins
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Complaint Filed: April 5,2017
20 FAC Filed: June 29,2017
Consolidated Complaint Filed: Dec. 21,2017
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22 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1, 2017
others similarly situated,
23 Plaintiffs,
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25 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
26 inclusive.
27 Defendants.
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' ^ i t b l i i k i h ^ 'AND [PROPOSED] ORDER TO WITHDRAW THE DECLARATIONS OF TOBY ALFRED. JAMES BJORSETH, SHANEL
ALLEN, VERONICA PEREZ, AND PATRICIA GONZALES
1 Shaun Setareh (State Bar No. 204514)
shaun@setarehlaw.com
2 H. Scott Leviant (State Bar No. 200834)
scott@.setarehlaw.com
3 William Pao (State Bar No. 219846)
william(5).setarehlaw.com
4 SETAREH LAW GROUP
315 S. Beverly Drive, Suite 315
5 Beverly Hills, CA 90212
Telephone: (310) 888-7771
6 Facsimile: (310)888-0109
7 Attomeys for Plaintiff TOMAS R. ARAN A
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'^tipOi.MfdVl 'AND [PROPOSED] ORDER TO WITHDRAW THE DECLARATIONS OF TOBY ALFRED, JAMES BJORSETH. SHANEL
' ALLEN, VERONICA PEREZ, AND PATRICIA GONZALES
I RECITALS & STIPULATION
2 1. On December 21, 2018, Plaintiff Tomas Arana filed Plaintiffs' Motion for Class
3 Certification. Attached as evidence in support of this Motion are the declarations of 15 putative
4 class members.
5 2. Defendant Health Net of Califomia, Inc. ("Health Net") acted promptly and with
6 reasonable diligence to subpoena these 15 individuals to be deposed. Despite multiple attempts,
7 Health Net has encountered difficulties in arranging and conducting numerous depositions for each
8 of these declarants, specifically including Neyvan Aleman, Toby Alfred, James BJorseth, Shanel
9 Allen, Veronica Perez, and Patricia Gonzales.
10 3. Through meet and confer efforts, Health Net informed counsel for Tomas Arana that
11 it was in the process of preparing a Motion to Compel and that it filed Ex Parte Applications For
12 An Order To Show Cause Re Contempt against Toby Alfred and James Bjorseth for their failure to
13 appear for their depositions.
14 4. In lieu of the impending costly motion practice related to securing depositions of
15 these non-party declarants, Arana agreed to withdraw the declarations of Toby Alfred, James
16 Bjorseth, Shanel Allen, Veronica Perez, and Patricia Gonzales from consideration as part of his
17 Motion for Class Certification currently pending in this Department, and Health Net agreed to
18 withdraw its pending Ex Parte Applications for an Order to Show Cause Re Contempt against Toby
19 Alfred and James Bjorseth set for hearing on February 7, 2019 at 1:45 p.m. and 2:00 p.m. in
20 Department 54.
21 IT IS SO STIPULATED.
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Dated: February ,20\9 ORRIGlA HERRINGTON & SUTCLIFFE LLP
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25 'NICHOL^ J. HORTON
Attomeys for Defendant
26 HEALTH NET OF CALIFORNIA, INC.
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'•^YfpfiKA.TteW 'AND [PROPOSED] ORDER TO WITHDRAW THE DECLARATIONS OF TOBY ALFRED. JAMES BJORSETH, SHANEL
• ALLEN, VERONICA PEREZ, AND PATRICIA GONZALES
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Dated: Febmary / ,2019 SETAREH LAW GROUP
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SHAUN SETAREH
4 Attorrieys for Plaintiff
TOMAS R. ARANA
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'ytfrOHAl'ttSHl 'AND [PROPOSED] ORDER TO WITHDRAW THE DECLARATIONS OF TOBY ALFRED, JAMES BJORSETH. SHANEL
ALLEN; VERONICA PEREZ, AND PATRICIA GONZALES
1 [PROPOSED] ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves the Parties' Stipulation.
3 The declarations of Toby Alfred, James Bjorseth, Shanel Allen, Veronica Perez, and
4 Patricia Gonzales in support of Plaintiffs' Motion for Class Certification are hereby withdrawn
5 and will not be considered as evidence in support of said motion.
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9 Dated: ,2019
Judge of the Superior Court
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^tfrOtiA-tMHl 'AND [PROPOSED] ORDER TO WITHDRAW THE DECLARATIONS OF TOBY ALFRED, JAMES BJORSETH, SHANEL
ALLEN, VERONICA PEREZ, AND PATRICIA GONZALES