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FILED BY FAX
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tj long(§orrick. com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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*** COUNSEL FOR PLAINTIFFS ON NEXT PAGE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plainfiff, STIPULATION AND [PROPOSED]
ORDER TO SET HEARING DATE ON
13 V. (1) PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION, (2) DEFENDANT'S
14 HEALTH NET OF CALIFORNIA, INC., a MOTION AS TO WHY SPEARS' CASE
Califomia Corporation; and Does I through 50, CANNOT PROCEED AS A PAGA
15 inclusive. REPRESENTATIVE ACTION, AND (3)
DEFENDANT'S MOTION AS TO WHY
16 Defendants ARANA'S CASE CANNOT PROCEED
AS A PAGA REPRESENTIVE ACTION
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Date: August 30, 2019
18 TOMAS R. ARANA, on behalf of himself, all Time: 2:00 p.m.
others similarly situated. Courtroom: Dept. 35
19 Plaintiff, Judge: Hon. Alan G. Perkins
V.
20 HEALTH NET OF CALIFORNIA, INC., a Original Complaint Filed: April 5,2017
Califomia corporation; and DOES 1-50, FAC Filed: June 29,2017
21 inclusive. Consolidated Complaint Filed: Dec. 21, 2017
Defendant.
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
9-0892-9565
I BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
2 APARAHT BHOWMIK (SBN 248066)
VICTORIA B. RFVAPALACIO (SBN 275115)
3 2255 Calle Clara
La JoUa, CA 92037
4 Tel: 858.551.1223
Fax: 858.551.1232
5 norm@bamlawca.com
6 Attomeys for PiaintifF
ANDREA SPEARS
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SETAREH LAW GROUP
8 SHAUN SETAREH (SBN 204514)
shaim@setarehlaw.com
9 WILLIAM M. PAO
william@setarehlaw.com
10 ALEXANDRA R. MCINTOSH
alex@setarehlaw.com
11 : 315 S Beveriy Drive, Suite 315
Beveriy Hills, CA 90212
12 Telephone: (310) 888-7771
13 Attomeys for Plaintiff
TOMAS R. ARANA
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING.DATE
4139-0892-9565
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3 RECITALS & STIPULATION
4 1. On April 5, 2019, Defendant Health Net of Califomia, Inc. ("HNCA") filed and
5 served a Notice of Entry of Order Issued by the Califomia Court of Appeal, Third Appellate
6 District, to Stay all Proceedings Pending in the Sacramento County Superior Court.
7 2. On April 11, 2019, the Court issued a Minute Order stating "Because of the recent
8 stay the Case Management Conference is continued to November 8, 2019 at 1:30 p.m., in
9 Department 35. The hearing date for the pending motions will be discussed at that time. Coimsel
10 should nofify this department if the stay is lifted before November 8, 2019." As such, the hearings
11 on the following fully briefed motions were vacated pending the stay: (1) Plaintiffs Spears and
12 Arana's ("Plamtiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears'
13 Case Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
14 Case Cannot Proceed as a PAGA Representative Action ("Pending and Briefed Motions").
15 3. On April 25, 2019, the Califomia Coiut of Appeal, Tturd Appellate District issued
16 an order denying Defendant's writ of mandate, prohibition, or certiorari with request for stay. The
17 order stated that the "stay previously issued by this court on April 4, 2019, is vacated."
18 4. On May 17, 2019, the Parties filed a stipulation and order to set a hearing date on
19 the Pending and Briefed Motions.
20 5. On May 17, 2019, the Court entered an order setting hearing on the Pending and
21 Briefed Motions for July 3, 2019 at 1:30 p.m. The Coiut further ordered "[i]f the Parties mutually
22 agree that a later hearing date would be more convenient, no later than 4:00 p.m. on June 19, 2019
23 they may notify the court clerk of the mutually agreed-upon later date."
24 6. Pursuant to the Court's May 17, 2019 order, the Parties mutually agree to move the
25 hearing on the Pending and Briefed motions to August 30, 2019 at 2:00 p.m.
26 IT IS SO STIPULATED.
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565
1 Dated: June i l . 2019 BLUMENTHAL, NORDREHAUG &
BHOWMIK LLP
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4 aCTORLA. B. RIVAPALACIO
Attomeys for Plaintiff
5 ANDREA SPEARS
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Dated: June 1'^ .2019 SETAREH LAW GROUP
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By:
9 SHAUN SETAREH
WILLIAM M. PAO
10 ALEXANDRA R. MCINTOSH
Attomeys for Plaintiff
II TOMAS R. ARANA
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13 Dated: June 18 , 2019 ORRJCK, HERRINGTON & SUTCLIFFE LLP
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15 By:.^
16 TIMOTHY J. LONG
Attomeys for Defendant
17 HEALTH NET OF CALIFORNIA, INC.
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STIPULATION .-yND [PRbPOSED].ORDER SETrfNG MOTION HEARING DATE^
4139-0892-9565
1 [PROPOSED] ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and sets a
3 hearing date and fime of August 30, 2019 at 2:00 p.m. for (1) Plainfiflfs Spears and Arana's
4 ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' Case
5 Carmot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
6 Case Caimot Proceed as a PAGA Representative Action.
7 IT IS SO ORDERED.
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9 Dated:
Hon. Alan G. Perkins
10 Judge of the Superior Court
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4139-0892-9565