Preview
FILED
1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED
tjlong@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP 2010 JAN 30 PM 2:59
400 Capitol Mall, Suite 3000
3 Sacramento, CA 95814-4497 SUPERIOR COina OF Ci;,LiFOR?llA
Telephone: +1 916 447 9200 COUKTYOFSACRAMEHrO
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 Attorneys 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, DECLARATION OF DIANE C. RODES
IN SUPPORT OF DEFENDANT'S
16 OPPOSITIONS TO PLAINTIFF'S
MOTIONS TO COMPEL FURTHER
17 HEALTH NET OF CALIFORNIA, INC., a RESPONSES TO DOCUMENT
California Corporation; and Does 1 through 50, REQUESTS AND SPECIAL
18 inclusive. INTERROGATORIES; REQUEST FOR
SANCTIONS
19 Defendants.
Date: February 13, 2018
20 Time: 9:00 a.m.
Judge: Hon. Christopher E. Kmeger
21 Dept.: 54
22 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: April 5, 2017
others similarly situated. FAC Filed: June 29, 2017
CO 23
Plaintiff,
Consolidated Complaint Filed: Dec. 21, 2017
< 24 Complaint Filed: August 1, 2017
V.
25
HEALTH NET OF CALIFORNIA, INC., a
O 26 California corporation; and DOES 1-50,
inclusive,
CC 27
Defendant.
o 28
D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
FOR SANCTIONS
1 1, Diane C. Rodes, declare:
2 1. 1 am the Director of Human Resources for Health Net, Inc. ("HNI"). 1 have been
3 employed in this position since 2000. As part of my job duties, I am familiar with the human
4 resources functions of Health Net of California, Inc. ("Health Net"), a subsidiary of HNI. All of
5 the information contained in this declaration is based upon my personal knowledge or, where
6 context indicates, review of the records described herein. If called and swom as a witness, 1 could
7 and would competently testify to the matters in this declaration.
8 Supervisor Contact Information
9 2. It is my understanding that Plaintiff Tomas Arana has requested that Health Net
10 provide, for each "Putative Class Member," a list identifying all of his or her supervisors between
11 April 5, 2013 and the present and their contact information. For purposes of this declaration, 1 am
12 interpreting "Putative Class Members" to include, for the time period April 5, 2013 to the present,
13 all current and former non-exempt employees of Health Net and HNI (the "Non-Exempt Class"),
14 and all current and former employees of Health Net and HNI with the job titles Business Analyst,
15 Systems Analyst, Contact Center Analyst and Analyst (the "Exempt Class"). Based upon my
16 review of company records, there are nearly 5,000 Putative Class Members, with approximately
17 4,800 employees belonging to the Non-Exempt Class and approximately 200 employees belonging
18 to the Exempt Class.
19 3. The information Mr. Arana seeks resides in the Company's human resources
20 databases. In 2016, HNI merged with Centene Corporation ("Centene") and, as a result of this
21 merger, HNI's existing human resources database (PeopleSoft) was suspended from use in favor
22 of Centene's human resources database (Workday) effective January 1, 2017. All of Health Net's
23 legacy human resources data from PeopleSoft was archived and stored in a manner that is not
24 readily accessible.
25 4. Complying with Mr. Arana's request would be very time consuming. 1 estimate
26 that, in order to query both PeopleSoft archives and the Workday database for the information Mr.
27 Arana seeks concerning all Putative Class Members, it would take my team a minimum of 25-30
28 dedicated hours to complete.
-2-
D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
FOR SANCTIONS
1 5. Attached hereto as Exhibit A is a tme and correct copy of Mr. Arana's July 1,
2 2016 wage statement showing, among other things, wage gamishments for child and spousal
3 support.
4 Non-Exempt Class Job Descriptions
5 6. I also understand that Plaintiff Andrea Spears has requested, for each and every
6 member of the Non-Exempt Class, all of their job descriptions from April 5, 2013 to the present.
7 This Request amounts to seeking documentation conceming hundreds of jobtitlesand duties for
8 thousands of current and former employees. The Non-Exempt Class is made up of employees
9 with over 400 unique job titles. Responding to this request would involve far more than flipping
10 a switch. Jobs evolve and change, as do job descriptions. Health Net would have to cull through
11 many electronic and hard copy files to locate documents responsive to this request. The job
12 would be more challenging because many of these documents have been archived and area not
13 readily available. By way of example, pulling electronically stored job descriptions would be a
14 very time consuming task and would require my team to query two different databases - the
15 PeopleSoft archives and the Workday database described above. I estimate that it would take my
16 team 30-40 hours of dedicated to complete this task alone, which would not include confirming
17 the accuracy of what is pulled as to any given employee or title at any given time. That
18 confirmation process would take far longer.
19 ' I declare under penalty of perjury under the laws of the State of Califomia and these
20 United States that the foregoing is true and correct.
21 Executed this jZf^dav of January, 2018 in Rancho Cordova, Califomia.
22
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24 ~ ' Dia
iane C. Rodes
25
26
27
28
D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
FOR SANCTIONS
Preview
FILED 1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED tjlong@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 2010 JAN 30 PM 2:59 400 Capitol Mall, Suite 3000 3 Sacramento, CA 95814-4497 SUPERIOR COina OF Ci;,LiFOR?llA Telephone: +1 916 447 9200 COUKTYOFSACRAMEHrO 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 Attorneys 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, DECLARATION OF DIANE C. RODES IN SUPPORT OF DEFENDANT'S 16 OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER 17 HEALTH NET OF CALIFORNIA, INC., a RESPONSES TO DOCUMENT California Corporation; and Does 1 through 50, REQUESTS AND SPECIAL 18 inclusive. INTERROGATORIES; REQUEST FOR SANCTIONS 19 Defendants. Date: February 13, 2018 20 Time: 9:00 a.m. Judge: Hon. Christopher E. Kmeger 21 Dept.: 54 22 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: April 5, 2017 others similarly situated. FAC Filed: June 29, 2017 CO 23 Plaintiff, Consolidated Complaint Filed: Dec. 21, 2017 < 24 Complaint Filed: August 1, 2017 V. 25 HEALTH NET OF CALIFORNIA, INC., a O 26 California corporation; and DOES 1-50, inclusive, CC 27 Defendant. o 28 D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST FOR SANCTIONS 1 1, Diane C. Rodes, declare: 2 1. 1 am the Director of Human Resources for Health Net, Inc. ("HNI"). 1 have been 3 employed in this position since 2000. As part of my job duties, I am familiar with the human 4 resources functions of Health Net of California, Inc. ("Health Net"), a subsidiary of HNI. All of 5 the information contained in this declaration is based upon my personal knowledge or, where 6 context indicates, review of the records described herein. If called and swom as a witness, 1 could 7 and would competently testify to the matters in this declaration. 8 Supervisor Contact Information 9 2. It is my understanding that Plaintiff Tomas Arana has requested that Health Net 10 provide, for each "Putative Class Member," a list identifying all of his or her supervisors between 11 April 5, 2013 and the present and their contact information. For purposes of this declaration, 1 am 12 interpreting "Putative Class Members" to include, for the time period April 5, 2013 to the present, 13 all current and former non-exempt employees of Health Net and HNI (the "Non-Exempt Class"), 14 and all current and former employees of Health Net and HNI with the job titles Business Analyst, 15 Systems Analyst, Contact Center Analyst and Analyst (the "Exempt Class"). Based upon my 16 review of company records, there are nearly 5,000 Putative Class Members, with approximately 17 4,800 employees belonging to the Non-Exempt Class and approximately 200 employees belonging 18 to the Exempt Class. 19 3. The information Mr. Arana seeks resides in the Company's human resources 20 databases. In 2016, HNI merged with Centene Corporation ("Centene") and, as a result of this 21 merger, HNI's existing human resources database (PeopleSoft) was suspended from use in favor 22 of Centene's human resources database (Workday) effective January 1, 2017. All of Health Net's 23 legacy human resources data from PeopleSoft was archived and stored in a manner that is not 24 readily accessible. 25 4. Complying with Mr. Arana's request would be very time consuming. 1 estimate 26 that, in order to query both PeopleSoft archives and the Workday database for the information Mr. 27 Arana seeks concerning all Putative Class Members, it would take my team a minimum of 25-30 28 dedicated hours to complete. -2- D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST FOR SANCTIONS 1 5. Attached hereto as Exhibit A is a tme and correct copy of Mr. Arana's July 1, 2 2016 wage statement showing, among other things, wage gamishments for child and spousal 3 support. 4 Non-Exempt Class Job Descriptions 5 6. I also understand that Plaintiff Andrea Spears has requested, for each and every 6 member of the Non-Exempt Class, all of their job descriptions from April 5, 2013 to the present. 7 This Request amounts to seeking documentation conceming hundreds of jobtitlesand duties for 8 thousands of current and former employees. The Non-Exempt Class is made up of employees 9 with over 400 unique job titles. Responding to this request would involve far more than flipping 10 a switch. Jobs evolve and change, as do job descriptions. Health Net would have to cull through 11 many electronic and hard copy files to locate documents responsive to this request. The job 12 would be more challenging because many of these documents have been archived and area not 13 readily available. By way of example, pulling electronically stored job descriptions would be a 14 very time consuming task and would require my team to query two different databases - the 15 PeopleSoft archives and the Workday database described above. I estimate that it would take my 16 team 30-40 hours of dedicated to complete this task alone, which would not include confirming 17 the accuracy of what is pulled as to any given employee or title at any given time. That 18 confirmation process would take far longer. 19 ' I declare under penalty of perjury under the laws of the State of Califomia and these 20 United States that the foregoing is true and correct. 21 Executed this jZf^dav of January, 2018 in Rancho Cordova, Califomia. 22 23 24 ~ ' Dia iane C. Rodes 25 26 27 28 D. RODES DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST FOR SANCTIONS