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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,
CO 24
< 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.
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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
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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