Party Notice: Andrea Spears vs. Health Net of California Inc

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                                                                        F!LED/EflDORSE             ;D
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                                                                          By D. Lashley, Deputy Clerk
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 7                                    SUPERIOR COURT OF CALIFORNL\
 8                                        COUNTY OF SACRAMENTO
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11   SPEARS,                                                No. 34-2017-00210560
12        Plaintiff(s),
                                                            NOTICE OF ASSIGNMENT TO
13   v.           ^                                         DEPARTMENT 35 FOR COMPLEX CAISE
                                                            MANAGEMENT DETERMINATION /
14   HEALTH NET OF CALIFORNIA, INC.,
15        Defendant(s)
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18           THIS NOTICE SHALL BE SERVED BY PLAINTIFF'S COUNSEL ON A L L OTHER
19           PARTIES. AlVYONE WHO HEREAFTER SERVES A NEW PARTY SHALL SERVE A
20           COPY OF THIS NOTICE ON THE NEW PARTY ALONG WITH THE SUMMONS
21           AJVD COMPLAINT OR CROSS-COMPLAINT.
22           1.       This matter has been assigned to Department 35, Judge Alan G. Perkins presiding, to
23    determine whether the case should be designated, andfreated,as complex. If it is determined to be
24    complex, this department will be the court's complex case department pursuant to the Local Rules,
25    including Local Rule 2.46.
26           2.       All counsel are required to appear in Department 35 on DECEMBER 8,2017 at 10:30
27   A.M.
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     November 1,2012 Rev.
 1                   (a) If the case has been designated as complex, and no counter-designation has been
2                            filed, tae Court will hold its first case management conference at that time.
3                    (b) If the case has been assigned to Department 35 on a preliminary basis, the Court will
4                            hold a hearing to determine if the matter is, or is not, complex. If the matter is
5                            determined to be complex, the Court will then proceed with the first case
6                            management conference.
7            3.      Each party shall file and serve a Case Management Conference Statement fifteen (15)
 8 days before this hearing and be prepared to participate effectively in the conference, including being
9 taoroughly familiar wita the case and able to discuss tae suitability of the case for private mediation,
10   arbifration or the use of a special master or referee.
11           4.      Prior to the conference, counsel for plaintiff shall meet and confer with counsel for each
12   other party in an effort to precisely define the issues in the case, discuss the possibility of early
13   mediation, the identities of possible other parties, their respective plans for discovery, and whether or
14   not the parties will be requesting that a special master be appointed.

15           5.      Tentative Rulings.

16                   The court may determine that a case management conference on the assigned date is not

17   necessary or should be postponed. The court may also issue tentative mlings on motions that are

18   assigned to it. To determine whether an appearance is required the parties must check the court's

19   tentative mlings after 2 p.m. the court day before the conference date to see if a tentative mling is

20   posted. Tentative mlings are posted on the court's website at www.saccourt.ca.gov. On many occasions

21   the court will not post a tentative mling.

22           6.       Law and Motion Matters.
23                    The Local Rules state that the civil law and motion departments hear most types of law
24   and motion matters, even in complex cases, unless the Presiding Judge has specifically assigned a case
25   to one judge for all purposes. A designation of a case as complex is not an automatic assignment to the

26   complex judge for all purposes.

27                    The complex case management department will accept stipulations to stay, stipulations to
28   appoint a special master, stipulated case management orders (even if they include discovery cut-offs and


     November 1, 2012 Rev.
 1   otaer limitations), and proposed orders from special masters. The complex case management department
2    may also hear motions relating to class action certification. All other motions except trial motions should
3    be filed with the law and motion departments or presiding judge as specified in the Local Rules.
4           7.      Filings.
 5                   Except for filings for motions to be heard in the law and motion departments, all filings
 6   in complex cases assigned to Department 35 should be filed directly with this department. If a complex
 7   case designation is removed the parties should thereafter comply with the Local Rules regarding the
 8   filing of documents for civil actions.
9            8.      Typical Case Progress.
10                   a.        In most cases the initial statas conference or a subsequent conference will result
11   in an initial case management order being issued. The breadth of those orders may vary depending on
12   factors such as the complexity of the case and the statas of service on anticipated parties to the action.
13   The court may eventaally issue a more detailed case management order that could address topics such as
14   discovery cut-offs, phased discovery, disclosure dates, settlement conference dates and trial dates. Many
15   of these topics are deferred in cases in which special masters are used.
16                   b.        This department will usually be the trial department for complex cases assigned to
17   this department. However cases may befransferredto tae presiding judge for assignment to another
18   department for trial if there may be a conflict with another trial or if the needs of the court so require.
19                   c.        If the trial is to be held in tais department the court will often hold a pre-trial/case
20   readiness type of conference several weeks before trial. Topics generally addressed at such conferences
21   include review of witaess and exhibit lists, motions in limine, proposed jury instmctions, witaess timing
22   issues and other trial procedure issues. The goal is to get such issues resolved at that time and any later
23   motions in limine or other motions are not favored. In many cases the court may order that discovery
24   must be completed at least four to six weeks before tae trial date and aroimd the time when the initial
25   papers are due for the pre-trial conference.
26           //

27           9.      Until the time of the conference, the following INTERIM ORDERS shall be in effect:
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     November 1,2012 Rev.
1                   A.      Plaintiff(s) shall diligently locate and serve each defendant. It istaeCourt's
2                           intention that each party be served in sufficient time to have entered an
3                           appearance within the time allowed by law and to attend the first conference.
4                   B.      Counsel for each party shall do a conflict check to determine whether such
5                           counsel might have a possible conflict of interest as to any present or
6                           contemplatedfiitureparty.
7            10.      The court sfrongly encourages the parties to engage in early and meaningfiil mediation.
8    Either private or judicial mediation is acceptable.
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     November 1,2012 Rev.