Preview
FAX
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tilong@oiTick.com 5019 JUM 19 PH 3=32
2 NICHOLAS J. HORTON (STATE BAR NO. 289417) SACRAMLr^TO COURTS
nhortonCoiorrick.coai
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall
_4 Suite 3.000-. .
Sacramento, CA 95814-4497
5 Telephone: +1 916 447 9200
Facsimile: +1 916 329 4900
6
STEPHANIE GAIL LEE (STATE BAR NO. 285379)
7 stephame.lee@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
8 777 South Figueroa Street, Suite 3200
Los Angeles, Califomia 90017
9 Telephone: (213)629-2020
Facsimile: (213) 612-2499
10
Attorneys for Defendant
11 HEALTH NET OF CALIFORNIA, INC.
12 *** COUNSEL FOR PLAINTIFFS ON NEXT PAGE
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
COUNTY OF SACRAMENTO
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16 ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560
of herself and on behalf of all persons
17 similarly situated, ASSIGNED FOR ALL PURPOSES TO
Plaintiff, JUDGE ALAN G. PERKINS, DEPT 35
18
V. STIPULATION AND [ P R O P O S E B ]
19 ORDER REGARDING DOCUMENT
HEALTH NET OF CALIFORNIA, INC., a PRODUCTION
Califomia Corporation; and Does 1 through
20 50, inclusive,
Complaint Filed: April 5, 2017
21 Defendants. FAC Filed: June 29, 2017
22
TOMAS R. ARANA, on behalf of himself, all Case No. 34-2017-00216685
23 others similarly situated,
24 Plaintiffs, JJJDG&ALAN G. PijMQI'lG, DEPT 3?"
V. Complaint Filed: August 1,2017
25
HEALTH NET OF CALIFORNIA, INC., a
26 California^corporatiqn; and DOES 1-50,
inclusive,
27
Defendants.
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4143-3461-4804.1
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 Norman B. Blumenthal (STATE BAR NO. 68687)
norm@bamlawca.com
2 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
3 2255 Callc Clara
La Jolla, CA 92037
4 Phone: ^(858) 551-1223-_
Fax: "(858) 551-1232
5
Attomeys for Plaintiff ANDREA SPEARS
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7 Shaun Setareh (STATE BAR NO. 204514)
shaun@setarehlaw.com
H. Scott Leviant (STATE BAR NO. 200834)
scott@stearehlaw.com
9 SETAREH LAW GROUP
9454 Wilshire Blvd., Suite 907
10 Beverly Hills, CA 90212
11 Phone: (310)888-7771
Fax: (310) 888-0109
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Attomeys for Plaintiff TOMAS R. ARANA
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4143-3461-4804.1
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 WHEREAS, in this wage and hour putative class action, Plaintiff Spears ("Spears") seeks
2 the time and wage records ofthe putative class members from Defendant Health Net of Califomia,
3 Inc. ("HNCI").
4" . WHEREAS, on April 17,2018, tliis Court ordered Plaintiff and HNGIto conduct additional
5 meet and confer to discuss alleviating the burden on HNCI, including by sampling, with respect to
6 responding to Spears's Request for Production of Documents Nos. 20-22, which sought the
7 following documents:
8 20. Please produce, in electronic, Microsoft Excel spreadsheet format,
all payroll records for the CLASS MEMBERS during the RELEVANT TIME
9 PERIOD.
10 21. Please produce, in electronic, Microsoft Excel spreadsheet format,
all time records reflecting hours worked for the CLASS MEMBERS during the
11 RELEVANT TIME PERIOD.
12 22. All copies of the wage statements that were provided to the CLASS
MEMBERS during the time period of April 5, 2014 until the present.
14 WHEREAS, similar document requests were also the subject of meet and confer discussions
15 between Plaintiff Arana ("Arana") and-HNCI related to Arana's Request for Production of
16 Documents Nos. 7-9, which sought the following documents:'
17 7. A l l DOCUMENTS that describe, define, or explain the payroll
codes that appear on the wage statement and/or paycheck summaries for
18 POTENTIAL CLASS MEMBERS.
19 8. For each POTENTIAL CLASS MEMBER, please produce all
DOCUMENTS, that describe the hours worked for YOU during the RELEVANT
20 TIME PERIOD (including, but not limited to, time cards, time clock or punch clock
records, records of hours worked, overtime and double-time records, meal and rest
21 break records, vacadon accmal, leave accmal, floating holiday accmal, paid dme
off accmal, and/or records of additions or deductions from wages).
22
9. For each POTENTIAL CLASS MEMBER, please produce all wage
23 statements or paycheck stubs during the RELEVANT TIME PERIOD.
24 WHEREAS, on April 17, 2018, this Court also ordered Spears and HCNI to conduct
25 additional meet and confer to discuss alleviating the burden on HNCI, including sampling, with
26 respect to responding to Spears's Special Interrogatories Nos. 6, 7, and 19, which sought the
27 following information:
28 6. Please state, for each CLASS MEMBER, the pay periods when the
4I43-.346M804.1
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 CLASS MEMBERS were paid overtime and cash payments in lieu of health
benefits during the same pay period during the RELEVANT TIME PERIOD (if
2 you refer to documents in response to this special interrogatory, please identify the
specific bates numbers for the responsive documents).
3
. 7. Please state the, number of CLASS MEMBERS who were paid
_4 overtirae'compensation during the same pay period-they received cash.payments in
lieu of health benefits during the RELEVANT TIME PERIOD (if you refer to
5 documents in response to this special interrogatory, please identify the specific
bates numbers for the responsive documents).
6
19. Please state the total number of meal period premiums you paid to
7 the CLASS MEMBERS during the RELEVANT TIME PERIOD (ifyou refer to
documents in response to this special interrogatory, please identify the specific
8 bates numbers for the responsive documents).
9 WHEREAS, similar Special Interrogatories were also the subject of meet and confer
10 discussions between Arana and HNCI related to Arana's Special Interrogatories Nos. 15-17 and
11 19-21, which sought the following information:
12 15. For each POTENTIAL CLASS MEMBER, please state how many
meal break premiums have been paid DURING THE RELEVANT TIME PERIOD.
13
16. Please state the beginning and end dates when meal period
14 premiums were paid to POTENTIAL CLASS MEMBERS.
15 - r—1-7. Please state the total dollar amount in meal period premiums that
were paid to each POTENTIAL CLASS MEMBER DURING THE RELEVANT
16 TIME PERIOD. ' '
17 19. For each POTENTIAL CLASS MEMBER, please state how many
rest break premiums have been paid DURING THE RELEVANT TIME PERIOD.
18
20. Please state the beginning and end dates when rest period premiums
19 were paid to POTENTIAL CLASS MEMBERS.
20 21. Please state the dollar amount in rest period premiums that were paid
to each POTENTIAL CLASS MEMBER DURING THE RELEVANT TIME
21 PERIOD.
22 WHEREAS, on April 30, 2018, Arana and HNCI agreed that a samphng of data for 500
23 random putarive class members would be sufficient for HNCI to respond to Arana's above
24 mentioned discovery at the pre-certification stage, subject to any sampling agreement reached with
25 Spears or as otherwise ordered by the Court.
26 WHEREAS, on May 1, 2018, Spears declined to accept the same sample size without
27 addidonal discussion as to HNCI's burden and the meet and confer negotiations thereafter stalled.
28 WHEREAS, on May 7, 2018, Spears and Defendant HNCI submitted Status Reports
4143-3461-4804.1 -4 -
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 regarding their meet and confer efforts to the Court.
2 WHEREAS, on May 10, 2018, the Court continued the pending hearing on Spears's
3 Motions to Compel to June 1,2018 and directed the parties to resume meet and confer discussions
4 to assess_Spears!s.request_tQ-allow her thinLparty expert to extract the anonymized"data.
5 WHEREAS, the Parties were unavailable on June 1, 2018 and requested the hearing be
6 continued until June 19, 2018.
7 WHEREAS, on May 16,2018, counsel for Spears and HNCI had a telephonic meedng with
8 Spears's expert from SETEC Security Technologies, Inc., regarding how he proposed to extract the
9 data wherein he confirmed that, with the appropriate permissions, extracting the requested data
10 would be a straight-forward query process that could be completed in four to six hours total for the
11 time and payroll data and eight to twenty hours for the wage statements, tliat the amount of data
12 extracted is not an impediment to its production, and that a Comma Separate Values (.csv) file is
13 more appropriate and less burdensome than attempting to extract the expected volume of data into
14 multiple Excel spreadsheets.
15 WHEREAS, Spears's counsel agreed to accept the requested data in a .csvrfile format.
16 WHEREAS, the modified format significantly reduced HNCI's burden in extracting,
17 formatdng, and quality control reviewing this data prior to production.
18 WHEREAS, HNCI has committed to producing anonymized timekeeping and payroll data
19 in electronic .csvfilesfor all non-exempt HNCI employees from the following operative and legacy
20 systems:
21 a. Timekeeping records from January 1, 2017 to May 11, 2018, from EmpCenter.
22 b. Payroll records from January 1, 2017 to May 11, 2018 (May 18, 2018, paycheck
23 issue date),fi-omADP.
24 c. Timekeeping and payroll records from the archived PeopleSoft system from April
25 5, 2013 through December 31, 2016.
26 NOW, THEREFORE, the Parties hereto, by and among their counsel of record, stipulate
27 that HNCI's production of .csv files containing anonymized payroll and timekeeping data for all
28 non-exempt employees from April 5, 2013 to May 11, 2018, will satisfy HNCI's obligafion to
4143-3461-4804.1 - 5 -
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 produce documents in response to the foliowing discovery requests:
2 Spears: Request for Production of Documents Nos. 20, 21, and 22;
3 Arana: Requests for Production of Documents Nos. 7, 8, and 9.
4 _. :„ ILis furdier stipvilgted that HNCI niay supplement its responses tojhe folbwingidiscovery
5 requests by referring Plaintiffs to the anonymized payroll records pursuant to Califomia Code of
6 Civil Procedure secdon 2030.230.
7 Spears: Special Interrogatories 6, 7 and 19;
8 Arana: Special Interrogatories 15, 16, 17, 19, 20 and 21.
9 It is further stipulated that HNCI will provide verified supplemental responses to the
10 following discovery requests:
11 Spears: Request for Production of Documents Nos. 20, 21, and 22 and Special
12 Interrogatories 6, 7 and 19;
13 Arana: Requests for Producfion of Documents Nos. 7, 8, and 9 and Special Interrogatories
14 15, 16, 17, 19, 20 and 21.
15 It is further stipulated that Plaintiffs' acceptance of HNCI's-production of .csv files
16 containing anonymized payroll and timekeeping data for allnon-exempt employees from April 5,
17 2013 to May 11,2018 as safisfying HNCI's obligations to these discovery requests is made without
18 prejudice in the following circumstances:
19 If the data in the .csv files cannot reasonably be used for the intended purpose of receiving
20 electronic payroll and timekeeping data in a manipulatable and comprehensible format, Plaintiffs
21 will explain the impediment to use of the data to Defendant and may seek to involve Plainfiff
22 Spears's expert to procure the data in a workable .csv format or other electronic data format;
23 Plaintiffs may seek to supplement the data as to the time frame between the end date of
24 current production and a later date, as necessary based on the length offimethe lifigation continues;
25 I f a class is certified, Piainfiffs may seek to supplement the data with the names of the
26 employees within the certified class.
27 It is further stipulated that Defendant will produce the .csv files containing anonymized
28 payroll andfimekeepingdata for all non-exempt employees from April 5, 2013 to May 11, 2018,
4143-3461-4804.1 - 6 -
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 by no later than July 6, 2018.
2 It is further stipulated that, based on the above, the hearing regarding Plaintiff Spears's
3 Motion to Compel Discovery set for June 19, 2018 is unnecessary at this time and, subject to the
_4 Court'siapprbval, is hereby vacated. " . _ . ~i
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Dated: June 18,2018 TIMOTHY J. LONG
6 NICHOLAS J. HORTON
Orrick, Herrington & Sutcliffe LLP
7
8
9 Nicholas J. Horton
Attorneys for Defendant
10 HEALTH NET OF CALIFORNIA, INC.
11
Dated: June 18, 2018 VICTORIA B. RIVAPALACIO
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Blumenthal Nordrehaug Bhowmik De Blouw LLP
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15 Victoria B. Rivapalacio
Attorneys for Plaintiff ANDREA SPEARS
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17 Dated: June 18,2018 SHAUN SETAREH
H. SCOTT LEVIANT
18 Setareh Law Group
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H. Scott Leviant
21 Attorneys for Plaintiff TOMAS R. ARANA
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4143-3461-4804.1 -7
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 by no later than July 6, 2018.
2 It is further stipulated that, based on the above, the hearing regarding Plainfiff Spears's
3 Mofion to Compel Discovery set for June 19, 2018 is unnecessary at this time and, subject to the
4 Court's approval, is hereby vacated. . "I
5
Dated: June 18, 2018 TIMOTHY J. LONG
6 NICHOLAS J. HORTON
Orrick, HeiTington & Sutcliffe LLP
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9 Nicholas J. Horton
10 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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12 Dated: June 18, 2018 VICTORIA B. RIVAPALACIO
Blumenthal Nordrehaug Bhowmik De Blouw LLP
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15 Victoria B. Rivapalacio
Attomeys for Plaintiff ANDREA SPEARS
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17 Dated: June 18, 2018 SHAUN SETAREH
H. SCOTT LEVIANT
18 Setareh Law Group
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H. Scott Leviant
21 Attomeys for Plainfiff TOMAS R. ARANA
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4143-3461-4804.1
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 ORDER
2 PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
3 „
4 Dated: -...^ ^ -, 2018 ^
^ Judge of the SuperTor Court
6 CHRISTOPHER E. KRUEGER
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4143-3461-4804.1 - 8 -
STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION
1 PROOF OF SERVICE
2
3 I am more than eighteen years old and not a party to this action. My business address is
4 Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia
5 95814. ~ ~
6 On June 18,2018,1 served the following document(s):
7 S T I P U L A T I O N AND fPROPOSEDI O R D E R
8 R E G A R D I N G DOCUMENT PRODIJCTION
9 I I (BY MAIL) By pla,cing a true copy of the foregoing document(s) in a sealed
10 envelope addressed as set forth below. I placed each such envelope for collection and mailing
11 following ordinary business practices. I am readily familiar with this Firm's practice for
12 collection and processing of correspondence for mailing. Under that practice, the correspondence
13 would be deposited with the United States Postal Service on that same day, with postage thereon
14 fully prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested
15. parties in this action by placing true and correct copies thereof in sealed envelope(s) addressed as
16 follows:
17
Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
18 Kyle R. Nordrehaug
Aparajit Bhowmik Telephone: (858)551-1223
19 Victoria B. Rivapalacio Facsimile: (858) 551-1232
BLUMENTHAL, NORDREHAUG &
20 BHOMIK norm(5),bamlawca.com
21 2255 Calle Clara kvle@bamlawca.com
La Jolla, CA 92037 AJ@bamlawca.com
22 victoria(a),bamlawca.com
23
Shaun Setareh Attorneys for Plaintiff Tomas R. Arana
24
H. Scott Leviant
25 SETAREH LAW GROUP Telephone: (310) 888-7771
9454 Wilshire Boulevard, Suite 907 Facsimile: (310) 888-0109
26 Beverly Hills, CA 90212
shaun@setarehlaw.com
27 scott@setarehlaw.com
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PROOF OF SERVICE
1 ^ (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy
2 of the foregoing document(s) by e-mail transmission from pheath@orrick.com to the interested
3 parties only as indicated on the below service list at the e-mail addresses set forth on said service
4 list.^aid transmission(s) were completed on the aforesaid date at thefimestated on declarant's e-
' 5 mail transmission record. Each such transmission was reported as complete and without error.
6 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC
7 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case
8 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered
9 participants as identified on the Notice of Electronic Filing ("NEF"), including the following:
10 • (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly
11 maintained by UPS, a tme copy of the foregoing document(s) in a sealed envelope or package
12 designated by UPS, addressed as set forth on the attached mailing list, with fees for ovemight
13 delivery paid or provided for:
14
15 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
Kyle R. Nordrehaug
16 Aparajit Bhowmik Telephone: (858)551-1223
Piya Mukherjee Facsimile: (858) 551-1232
17 Victoria B. Rivapalacio
18 BLUMENTHAL, NORDREHAUG & norm@bamlawca.com
BHOMIK kvle@,bamlawca.com
19 2255 Calle Clara A J@baml awca. com
La Jolla, CA 92037 victoria@bamlawca.com
20
Shaun Setareh Attomeys for Plaintiff Tomas R. Arana
21 H. Scott Leviant
SETAREH LAW GROUP Telephone: (310) 888-7771
22 Facsimile: (310) 888-0109
9454 Wilshire Boulevard, Suite 907
23 Beverly Hills, CA 90212
shaun@setarehlaw. com
24 scott(5),setarehlaw.com
25
26 O (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via
27 facsimile transmission firom this Firm's sending facsimile machine, whose telephone number is
28 (916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth
PROOF OF SERVICE
1 on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time
2 stated on the transmission record issued by this Firm's sending facsimile machine. Each such
3 transmission was reported as complete and without error and a transmission report was properly
4 issued by this Firm's sending facsimile machme for each interested^arty served. A true copy.of
5 each transmission report is attached to the office copy of this proof of service and v^dll be
6 provided upon request.
7 I declare under penalty of perjury under the laws of the State of Califomia that the above
8 is true and correct.
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10 Executed on June 18, 2018, at Sacramento, Califomia.
11
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Patricia M. Heath
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PROOF OF SERVICE
Preview
FAX 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tilong@oiTick.com 5019 JUM 19 PH 3=32 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) SACRAMLr^TO COURTS nhortonCoiorrick.coai 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall _4 Suite 3.000-. . Sacramento, CA 95814-4497 5 Telephone: +1 916 447 9200 Facsimile: +1 916 329 4900 6 STEPHANIE GAIL LEE (STATE BAR NO. 285379) 7 stephame.lee@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 8 777 South Figueroa Street, Suite 3200 Los Angeles, Califomia 90017 9 Telephone: (213)629-2020 Facsimile: (213) 612-2499 10 Attorneys for Defendant 11 HEALTH NET OF CALIFORNIA, INC. 12 *** COUNSEL FOR PLAINTIFFS ON NEXT PAGE 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SACRAMENTO 15 16 ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560 of herself and on behalf of all persons 17 similarly situated, ASSIGNED FOR ALL PURPOSES TO Plaintiff, JUDGE ALAN G. PERKINS, DEPT 35 18 V. STIPULATION AND [ P R O P O S E B ] 19 ORDER REGARDING DOCUMENT HEALTH NET OF CALIFORNIA, INC., a PRODUCTION Califomia Corporation; and Does 1 through 20 50, inclusive, Complaint Filed: April 5, 2017 21 Defendants. FAC Filed: June 29, 2017 22 TOMAS R. ARANA, on behalf of himself, all Case No. 34-2017-00216685 23 others similarly situated, 24 Plaintiffs, JJJDG&ALAN G. PijMQI'lG, DEPT 3?" V. Complaint Filed: August 1,2017 25 HEALTH NET OF CALIFORNIA, INC., a 26 California^corporatiqn; and DOES 1-50, inclusive, 27 Defendants. 28 4143-3461-4804.1 STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 Norman B. Blumenthal (STATE BAR NO. 68687) norm@bamlawca.com 2 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 3 2255 Callc Clara La Jolla, CA 92037 4 Phone: ^(858) 551-1223-_ Fax: "(858) 551-1232 5 Attomeys for Plaintiff ANDREA SPEARS 6 7 Shaun Setareh (STATE BAR NO. 204514) shaun@setarehlaw.com H. Scott Leviant (STATE BAR NO. 200834) scott@stearehlaw.com 9 SETAREH LAW GROUP 9454 Wilshire Blvd., Suite 907 10 Beverly Hills, CA 90212 11 Phone: (310)888-7771 Fax: (310) 888-0109 12 Attomeys for Plaintiff TOMAS R. ARANA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4143-3461-4804.1 STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 WHEREAS, in this wage and hour putative class action, Plaintiff Spears ("Spears") seeks 2 the time and wage records ofthe putative class members from Defendant Health Net of Califomia, 3 Inc. ("HNCI"). 4" . WHEREAS, on April 17,2018, tliis Court ordered Plaintiff and HNGIto conduct additional 5 meet and confer to discuss alleviating the burden on HNCI, including by sampling, with respect to 6 responding to Spears's Request for Production of Documents Nos. 20-22, which sought the 7 following documents: 8 20. Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME 9 PERIOD. 10 21. Please produce, in electronic, Microsoft Excel spreadsheet format, all time records reflecting hours worked for the CLASS MEMBERS during the 11 RELEVANT TIME PERIOD. 12 22. All copies of the wage statements that were provided to the CLASS MEMBERS during the time period of April 5, 2014 until the present. 14 WHEREAS, similar document requests were also the subject of meet and confer discussions 15 between Plaintiff Arana ("Arana") and-HNCI related to Arana's Request for Production of 16 Documents Nos. 7-9, which sought the following documents:' 17 7. A l l DOCUMENTS that describe, define, or explain the payroll codes that appear on the wage statement and/or paycheck summaries for 18 POTENTIAL CLASS MEMBERS. 19 8. For each POTENTIAL CLASS MEMBER, please produce all DOCUMENTS, that describe the hours worked for YOU during the RELEVANT 20 TIME PERIOD (including, but not limited to, time cards, time clock or punch clock records, records of hours worked, overtime and double-time records, meal and rest 21 break records, vacadon accmal, leave accmal, floating holiday accmal, paid dme off accmal, and/or records of additions or deductions from wages). 22 9. For each POTENTIAL CLASS MEMBER, please produce all wage 23 statements or paycheck stubs during the RELEVANT TIME PERIOD. 24 WHEREAS, on April 17, 2018, this Court also ordered Spears and HCNI to conduct 25 additional meet and confer to discuss alleviating the burden on HNCI, including sampling, with 26 respect to responding to Spears's Special Interrogatories Nos. 6, 7, and 19, which sought the 27 following information: 28 6. Please state, for each CLASS MEMBER, the pay periods when the 4I43-.346M804.1 STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 CLASS MEMBERS were paid overtime and cash payments in lieu of health benefits during the same pay period during the RELEVANT TIME PERIOD (if 2 you refer to documents in response to this special interrogatory, please identify the specific bates numbers for the responsive documents). 3 . 7. Please state the, number of CLASS MEMBERS who were paid _4 overtirae'compensation during the same pay period-they received cash.payments in lieu of health benefits during the RELEVANT TIME PERIOD (if you refer to 5 documents in response to this special interrogatory, please identify the specific bates numbers for the responsive documents). 6 19. Please state the total number of meal period premiums you paid to 7 the CLASS MEMBERS during the RELEVANT TIME PERIOD (ifyou refer to documents in response to this special interrogatory, please identify the specific 8 bates numbers for the responsive documents). 9 WHEREAS, similar Special Interrogatories were also the subject of meet and confer 10 discussions between Arana and HNCI related to Arana's Special Interrogatories Nos. 15-17 and 11 19-21, which sought the following information: 12 15. For each POTENTIAL CLASS MEMBER, please state how many meal break premiums have been paid DURING THE RELEVANT TIME PERIOD. 13 16. Please state the beginning and end dates when meal period 14 premiums were paid to POTENTIAL CLASS MEMBERS. 15 - r—1-7. Please state the total dollar amount in meal period premiums that were paid to each POTENTIAL CLASS MEMBER DURING THE RELEVANT 16 TIME PERIOD. ' ' 17 19. For each POTENTIAL CLASS MEMBER, please state how many rest break premiums have been paid DURING THE RELEVANT TIME PERIOD. 18 20. Please state the beginning and end dates when rest period premiums 19 were paid to POTENTIAL CLASS MEMBERS. 20 21. Please state the dollar amount in rest period premiums that were paid to each POTENTIAL CLASS MEMBER DURING THE RELEVANT TIME 21 PERIOD. 22 WHEREAS, on April 30, 2018, Arana and HNCI agreed that a samphng of data for 500 23 random putarive class members would be sufficient for HNCI to respond to Arana's above 24 mentioned discovery at the pre-certification stage, subject to any sampling agreement reached with 25 Spears or as otherwise ordered by the Court. 26 WHEREAS, on May 1, 2018, Spears declined to accept the same sample size without 27 addidonal discussion as to HNCI's burden and the meet and confer negotiations thereafter stalled. 28 WHEREAS, on May 7, 2018, Spears and Defendant HNCI submitted Status Reports 4143-3461-4804.1 -4 - STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 regarding their meet and confer efforts to the Court. 2 WHEREAS, on May 10, 2018, the Court continued the pending hearing on Spears's 3 Motions to Compel to June 1,2018 and directed the parties to resume meet and confer discussions 4 to assess_Spears!s.request_tQ-allow her thinLparty expert to extract the anonymized"data. 5 WHEREAS, the Parties were unavailable on June 1, 2018 and requested the hearing be 6 continued until June 19, 2018. 7 WHEREAS, on May 16,2018, counsel for Spears and HNCI had a telephonic meedng with 8 Spears's expert from SETEC Security Technologies, Inc., regarding how he proposed to extract the 9 data wherein he confirmed that, with the appropriate permissions, extracting the requested data 10 would be a straight-forward query process that could be completed in four to six hours total for the 11 time and payroll data and eight to twenty hours for the wage statements, tliat the amount of data 12 extracted is not an impediment to its production, and that a Comma Separate Values (.csv) file is 13 more appropriate and less burdensome than attempting to extract the expected volume of data into 14 multiple Excel spreadsheets. 15 WHEREAS, Spears's counsel agreed to accept the requested data in a .csvrfile format. 16 WHEREAS, the modified format significantly reduced HNCI's burden in extracting, 17 formatdng, and quality control reviewing this data prior to production. 18 WHEREAS, HNCI has committed to producing anonymized timekeeping and payroll data 19 in electronic .csvfilesfor all non-exempt HNCI employees from the following operative and legacy 20 systems: 21 a. Timekeeping records from January 1, 2017 to May 11, 2018, from EmpCenter. 22 b. Payroll records from January 1, 2017 to May 11, 2018 (May 18, 2018, paycheck 23 issue date),fi-omADP. 24 c. Timekeeping and payroll records from the archived PeopleSoft system from April 25 5, 2013 through December 31, 2016. 26 NOW, THEREFORE, the Parties hereto, by and among their counsel of record, stipulate 27 that HNCI's production of .csv files containing anonymized payroll and timekeeping data for all 28 non-exempt employees from April 5, 2013 to May 11, 2018, will satisfy HNCI's obligafion to 4143-3461-4804.1 - 5 - STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 produce documents in response to the foliowing discovery requests: 2 Spears: Request for Production of Documents Nos. 20, 21, and 22; 3 Arana: Requests for Production of Documents Nos. 7, 8, and 9. 4 _. :„ ILis furdier stipvilgted that HNCI niay supplement its responses tojhe folbwingidiscovery 5 requests by referring Plaintiffs to the anonymized payroll records pursuant to Califomia Code of 6 Civil Procedure secdon 2030.230. 7 Spears: Special Interrogatories 6, 7 and 19; 8 Arana: Special Interrogatories 15, 16, 17, 19, 20 and 21. 9 It is further stipulated that HNCI will provide verified supplemental responses to the 10 following discovery requests: 11 Spears: Request for Production of Documents Nos. 20, 21, and 22 and Special 12 Interrogatories 6, 7 and 19; 13 Arana: Requests for Producfion of Documents Nos. 7, 8, and 9 and Special Interrogatories 14 15, 16, 17, 19, 20 and 21. 15 It is further stipulated that Plaintiffs' acceptance of HNCI's-production of .csv files 16 containing anonymized payroll and timekeeping data for allnon-exempt employees from April 5, 17 2013 to May 11,2018 as safisfying HNCI's obligations to these discovery requests is made without 18 prejudice in the following circumstances: 19 If the data in the .csv files cannot reasonably be used for the intended purpose of receiving 20 electronic payroll and timekeeping data in a manipulatable and comprehensible format, Plaintiffs 21 will explain the impediment to use of the data to Defendant and may seek to involve Plainfiff 22 Spears's expert to procure the data in a workable .csv format or other electronic data format; 23 Plaintiffs may seek to supplement the data as to the time frame between the end date of 24 current production and a later date, as necessary based on the length offimethe lifigation continues; 25 I f a class is certified, Piainfiffs may seek to supplement the data with the names of the 26 employees within the certified class. 27 It is further stipulated that Defendant will produce the .csv files containing anonymized 28 payroll andfimekeepingdata for all non-exempt employees from April 5, 2013 to May 11, 2018, 4143-3461-4804.1 - 6 - STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 by no later than July 6, 2018. 2 It is further stipulated that, based on the above, the hearing regarding Plaintiff Spears's 3 Motion to Compel Discovery set for June 19, 2018 is unnecessary at this time and, subject to the _4 Court'siapprbval, is hereby vacated. " . _ . ~i 5 Dated: June 18,2018 TIMOTHY J. LONG 6 NICHOLAS J. HORTON Orrick, Herrington & Sutcliffe LLP 7 8 9 Nicholas J. Horton Attorneys for Defendant 10 HEALTH NET OF CALIFORNIA, INC. 11 Dated: June 18, 2018 VICTORIA B. RIVAPALACIO 12 Blumenthal Nordrehaug Bhowmik De Blouw LLP 13 14 15 Victoria B. Rivapalacio Attorneys for Plaintiff ANDREA SPEARS 16 17 Dated: June 18,2018 SHAUN SETAREH H. SCOTT LEVIANT 18 Setareh Law Group 19 20 H. Scott Leviant 21 Attorneys for Plaintiff TOMAS R. ARANA 22 23 24 25 26 27 28 4143-3461-4804.1 -7 STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 by no later than July 6, 2018. 2 It is further stipulated that, based on the above, the hearing regarding Plainfiff Spears's 3 Mofion to Compel Discovery set for June 19, 2018 is unnecessary at this time and, subject to the 4 Court's approval, is hereby vacated. . "I 5 Dated: June 18, 2018 TIMOTHY J. LONG 6 NICHOLAS J. HORTON Orrick, HeiTington & Sutcliffe LLP 7 8 9 Nicholas J. Horton 10 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 11 12 Dated: June 18, 2018 VICTORIA B. RIVAPALACIO Blumenthal Nordrehaug Bhowmik De Blouw LLP 13 14 15 Victoria B. Rivapalacio Attomeys for Plaintiff ANDREA SPEARS 16 17 Dated: June 18, 2018 SHAUN SETAREH H. SCOTT LEVIANT 18 Setareh Law Group 19 20 H. Scott Leviant 21 Attomeys for Plainfiff TOMAS R. ARANA 22 23 24 25 26 27 28 4143-3461-4804.1 STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 ORDER 2 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 3 „ 4 Dated: -...^ ^ -, 2018 ^ ^ Judge of the SuperTor Court 6 CHRISTOPHER E. KRUEGER 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4143-3461-4804.1 - 8 - STIPULATION AND [PROPOSED] ORDER REGARDING DOCUMENT PRODUCTION 1 PROOF OF SERVICE 2 3 I am more than eighteen years old and not a party to this action. My business address is 4 Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia 5 95814. ~ ~ 6 On June 18,2018,1 served the following document(s): 7 S T I P U L A T I O N AND fPROPOSEDI O R D E R 8 R E G A R D I N G DOCUMENT PRODIJCTION 9 I I (BY MAIL) By pla,cing a true copy of the foregoing document(s) in a sealed 10 envelope addressed as set forth below. I placed each such envelope for collection and mailing 11 following ordinary business practices. I am readily familiar with this Firm's practice for 12 collection and processing of correspondence for mailing. Under that practice, the correspondence 13 would be deposited with the United States Postal Service on that same day, with postage thereon 14 fully prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested 15. parties in this action by placing true and correct copies thereof in sealed envelope(s) addressed as 16 follows: 17 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears 18 Kyle R. Nordrehaug Aparajit Bhowmik Telephone: (858)551-1223 19 Victoria B. Rivapalacio Facsimile: (858) 551-1232 BLUMENTHAL, NORDREHAUG & 20 BHOMIK norm(5),bamlawca.com 21 2255 Calle Clara kvle@bamlawca.com La Jolla, CA 92037 AJ@bamlawca.com 22 victoria(a),bamlawca.com 23 Shaun Setareh Attorneys for Plaintiff Tomas R. Arana 24 H. Scott Leviant 25 SETAREH LAW GROUP Telephone: (310) 888-7771 9454 Wilshire Boulevard, Suite 907 Facsimile: (310) 888-0109 26 Beverly Hills, CA 90212 shaun@setarehlaw.com 27 scott@setarehlaw.com 28 PROOF OF SERVICE 1 ^ (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy 2 of the foregoing document(s) by e-mail transmission from pheath@orrick.com to the interested 3 parties only as indicated on the below service list at the e-mail addresses set forth on said service 4 list.^aid transmission(s) were completed on the aforesaid date at thefimestated on declarant's e- ' 5 mail transmission record. Each such transmission was reported as complete and without error. 6 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC 7 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case 8 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered 9 participants as identified on the Notice of Electronic Filing ("NEF"), including the following: 10 • (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly 11 maintained by UPS, a tme copy of the foregoing document(s) in a sealed envelope or package 12 designated by UPS, addressed as set forth on the attached mailing list, with fees for ovemight 13 delivery paid or provided for: 14 15 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears Kyle R. Nordrehaug 16 Aparajit Bhowmik Telephone: (858)551-1223 Piya Mukherjee Facsimile: (858) 551-1232 17 Victoria B. Rivapalacio 18 BLUMENTHAL, NORDREHAUG & norm@bamlawca.com BHOMIK kvle@,bamlawca.com 19 2255 Calle Clara A J@baml awca. com La Jolla, CA 92037 victoria@bamlawca.com 20 Shaun Setareh Attomeys for Plaintiff Tomas R. Arana 21 H. Scott Leviant SETAREH LAW GROUP Telephone: (310) 888-7771 22 Facsimile: (310) 888-0109 9454 Wilshire Boulevard, Suite 907 23 Beverly Hills, CA 90212 shaun@setarehlaw. com 24 scott(5),setarehlaw.com 25 26 O (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via 27 facsimile transmission firom this Firm's sending facsimile machine, whose telephone number is 28 (916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth PROOF OF SERVICE 1 on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time 2 stated on the transmission record issued by this Firm's sending facsimile machine. Each such 3 transmission was reported as complete and without error and a transmission report was properly 4 issued by this Firm's sending facsimile machme for each interested^arty served. A true copy.of 5 each transmission report is attached to the office copy of this proof of service and v^dll be 6 provided upon request. 7 I declare under penalty of perjury under the laws of the State of Califomia that the above 8 is true and correct. 9 10 Executed on June 18, 2018, at Sacramento, Califomia. 11 12 Patricia M. Heath 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE