Preview
FriEDWFAX
I TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
HL ^BOeSED.
3 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200 MM -•7 2018
4 Facsimile: +1 916 329 4900
5 "STEPHANIE GAIL LEE (STATE BAR NO. 285379) By:. L. Gutierre? -
[jeputy Clerk
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, DECLARATION OF NICHOLAS
HORTON IN SUPPORT OF
16 DEFENDANT HEALTH NET OF
CALIFORNIA, INC.'S STATUS
17 HEALTH NET OF CALIFORNIA, INC., a REPORT
Califomia Corporation; and Does 1 through 50,
18 inclusive, Complaint Filed: April 5,2017
FAC Filed: June 29, 2017
19 Defendants. Consolidated Complaint Filed: Dec. 21, 2017
20 Complaint Filed: August 1, 2017
TOMAS R. ARANA, on behalf of himself, all
21 others similarly situated.
22 Plaintiff,
23
24 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
25 inclusive,
26 Defendant.
27
28
DECLARATION OF NICHOLAS HORTON IN SUPPORT OP DISFENDANT'S STATUS REPORT
4129-8649-4739.1
1 I, Nicholas J^ Horton, declare:
2 1. 1 am an attomey duly admitted to practice before the courts of the State of
3 Califomia and am an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of
4 record for Defendant Health Net of Califomia, Inc. ("HNCA"). I make this declaration on
5^ personal knowledge and, if sworn as a witness, could Competently testify to the following facts"
6 except where otherwise indicated.
7 2. Attached hereto as Exhibit A is a true and correct copy of my meet and confer
8 email correspondence with counsel for Plaintiff Spears.
9 3. Attached hereto as Exhibit B is a tme and correct copy of my meet and confer
10 email correspondence vWth counsel for Plaintiff Arana.
11 I declare under penalty of peijury under the laws of the State of Califomia that the
12 foregoing is tme and correct.
13 Executed this 7"' day of May 2018 in Sacramento, Califomia.
i-' NicholasU^Hortdn
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT S STATUS REPORT
4129-8649-4739.1
EXHIBIT A
Subject: Spears: Meet and confer re RFPs 20-22.
From: Victoria Rivapalacio fmailto:victoria(S)bamlawca,com]
Sent: Monday, May 7, 2018 7:55 AM
To: Horton, Nicholas J. orrick.com>: Heath, Patricia M. : Norm Blumenthal
: Kyle Nordrehaug bamlawca.com>: AJ B : Nicholas De Blouw
: Shaun Setareh setarehlaw.com>: H. Scott Leviant : Ulit
Ter-Astvatsatryan
Subject: RE: Spears; Meet and confer re RFPs 20-22.
Nick,
I will provide our portion to you by 2 pm today.
Thanks,
Victoria
From: Horton, Nicholas J.
Sent: Saturday, May 05,2018 8:54 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: Kyle Nordrehaug : AJ B : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant <5cott(5>setarehlaw.com>: Lilit
Ter-Astvatsatryan setarehlaw.com>
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Hi Victoria,
Apologies for this getting to you on the weekend. I was working from home yesterday with a sick child and did not see it
was stuck in my outbox. Below is a follow up to your requests for more information.
How is the payroll/timekeeping data stored: Oracle SQL database with no application present and no Ul layer. The
team would need to use a variety of SQL applications to access the data. Payroll data is largely stored
chronologically. Timekeeping data Is stored by Employee ID and then date.
Size of the archived payroll/timekeeping records: An estimate based on the data for one person who was active
throughout 2013-2016 is 200kb per person for the payroll data and 200 kb per person for the timekeeping data. The
data for that same person yielded approximately 3100 rows of payroll data and approximately 4000 rows of timekeeping
data.
How long does it take to pull the data: For each employee it takes approximately 2-3 minutes to pull the payroll data
and 2-3 minutes to pull the timekeeping data, which then has to be transferred to the appropriate excel spreadsheet.
Wage statements: These are archived as single pdfs of each pay period (i.e, all HNCA wage statements for that pay
period are in a single PDF).
interviews: We will not be providing anyone to speak on the phone with your expert. If you or your expert have specific
follow up questions, please route them through me and we will work to get them answered.
Lastly, should we reach an agreement on this compelled sample production, we are not waiving any rights or arguments
against how Plaintiffs use this data, including whether it is appropriate to do so, what inferences can be drawn from it,
etc.
I am available to continue meet and confer over the weekend and would be happy to discuss the reasons why you would
need a different sample size as compared to what Mr. Arana's co:insel has already agreed to. That said, we are not
Interested In you trying to relitigate issues that were presented as part ofthe motion to compel and upon which the
Court already ruled on.
In the event that we cannot reach an agreement, I think it makes sense for you to send us your input Into the Joint
Report by 2:00 pm on Monday. We will then add it to our position and file it on behalf of both parties. Please let me
know If that works for you. •
Best,
Nick
From: Victoria Rivapalacio fmailto:victoriaPbamlawca.coml
Sent: Tuesday, May 1, 2018 1:29 PM
To: Horton, Nicholas J.
Cc: Long, Timothy J. orrick.com>: Heath, Patricia M. : Norm Blumenthal
: Kyle Nordrehaug ; AJ B : Nicholas De Blouw
: Shaun Setareh : H. Scott Leviant <5cott^setarehlaw.com>: Lilit
Ter-Astvatsatryafi
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Nick,
I am re-sending so as to include Arana's attorneys, as well.
Victoria
From: Victoria Rivapalacio
Sent: Tuesday, May 01, 2018 1:23 PM
To: 'Horton, Nicholas J.'
Cc: 'Long, Timothy J.' orrick!com>: 'Heath, Patricia M.' : Norm Blumenthal
: Kyle Nordrehaug ; AJ B : Nicholas De Blouw
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Nick,
Our view on sampling differs from Arana given that we have different regular rate claims and a deeper understanding of
defendants claim of burden since those claims were made in response to our discovery and the motions we filed or had
to oppose. While we appreciate Arana's input, we need more information to be able to assess how to proceed.
We cannot agree to a sample set when we do not understand Defendant's burden. This information Is needed forthe
Court to properly evaluate whether certification is appropriate, as demonstrated by the use of similar information for
2
certification purposes in ABM Industries Overtime Cases, 2017 Cal. App. LEXIS 1165, and In Alberts v. Aurora Behavioral
Health Care, 241 Cal. App. 4th 388. Because need and burden are to be balanced, and the Court ordered that we meet
and confer regarding how to alleviate Defendant's burden, it is imperative that we understand Defendant's burden more
speciflcallY. For example, in many cases, establishing a random sample and producing documents for that sample
increases burden, rather than decreasing it. This would result in the opposite outcome for the task we were assigned.
Because you have not answered our questions below, we cannot agree to a sample, especially without more precision.
As I explained on bur call, all information held by ADP is more easily produced in full than through any sampling. Because
sampling ir^hat scenario would not serve the purpose ofthe Court's order to alleviate Defendant's burden, nor does.it _
further the purposes of discovery In litigation, we do not agree to It.
Please provide more information regarding Defendant's specific burden and/or provide a time when your expert may
speak to our expert so they may devise a method that we may all better understand how to alleviate Defendant's
burden while still enabling Plaintiff access to the necessary discovery.
Thank you,
Victoria
From: Horton, Nicholas S.
Sent: Monday, April 30,2018 4:51 PM
To: Victoria Rivapalacio
Cc: Long, Timothy J. orrick.com>: Heath, Patricia M. : Kyle Nordrehaug : AJ B : Nicholas De Blouw
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Victoria,
As a follow up to my email below, over the weekend I meet and conferred with Arana's counsel over a number of
pending discovery issues, including sampling. Plaintiff Arana and Health Net have agreed to a randomized sample set of
data for 500 putative class members in the consolidated action.
In light of that agreement, I ask that you reconsider your below demands and accept that sample size as well so that we
can begin harvesting a single set of data.
Best regards,
Nick
From:'Horton, Nicholas J.
Sent: Friday, April 27, 2018 7:47 PM
To: 'Victoria Rivapalacio'
Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal
: Kyle Nordrehaug : AJ B : Nicholas De Blouw
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Victoria,
I am surprised by your demand. At the outset of your meet and confer, which you waited until the eve of the court
ordered deadline to initiate, you began by reaffirming your belief that there is no burden to Health Net in producing
these records and simply asked what I wanted to talk about. I reiterated that the vast majority of these records are
3
archived and that the process is not as simple as you suggest, and noted that Judge Krueger has cleariy indicated that he
would like us to consider sampling or some other option to alleviate the burden of your requests (along with confirming
that Plaintiffs do not need classwide data at this time). We then consulted the Declaration of Chrissy Schneider, which
you have been in possession of since January 23, 2018, and you indicated that you would need to consult with your
expert to determine what a significant statistical sample size should be for the purposes of sampling.
But instead of coming back with a suggested sample size, you have returned with demands that are solely centered on
challenging what you refer to as a "vague claim of burden"'-which completely ignores that Health Net's.evidence of
burden was-unrefuted during-the initial briefing.. So instead of advancing the caus&as requested by the Court, you a r e _
now seeking a second bite at the apple on an issue that you lost in the first round of briefing. This is not a good faith
effort to meet and confer.
I will follow up with you further after we have evaluated your requests with our client.
Best,
Nick
From: Victoria Rivapalacio rmailto:victoria@bamlawca.com1
Sent: Friday, April 27,2018 8:41 AM
To: Horton, Nicholas J. orrick.com>
Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal
: Kyle Nordrehaug : AJ B : Nicholas De Blouw
Subject: RE: Spears: Meet and confer re RFPs 20-22.
Nick,
The Court's Orders regardingthe RFPs and the Special Interrogatories apply to RFP nos. 20-22 and Rog nos. 6, 7, and 19
and used the same language. I was discussing both Orders when conferring regarding methods to "reduce the burden on
Defendant's payroll department" and exploring "other cost-saving alternatives."
You are correct that I will confer with my expert and get back to you, but I have a few questions that I need answered to
better address these Issues set forth below regarding Defendant's vague claim of burden. To address how sampling can
cure the complaint of burden, I will need to know the following:
As to paragraphs 6,10,12, and 16 of the Schneider declaration, please separately state the time estimate for each task
she claims is time consuming. Knowing the separate estimates is needed to prioritize the work.
The Schneider declaration asserts that PeopleSoft is Defendant's archival system "that is not readily accessible or user-
friendly." Please explain how the data is stored. What process Is required to search and/or review archived data? Who
retrieves the data?
The Schneider declaration asserts that the PeopleSoft archives production of payroll, time, and time adjustment records
"would be so large that it would not even fit in Microsoft Excel sheets." What is the size of the production?
The Schneider declaration asserts that the PeopleSoft archives production of wage statements "would be an enormous
volume of wage statements in PDF format." Again, what Is the size of the file?
When is Ms. Chrissy Schneider, who submitted this declaration, available for a call with my expert to discuss extracting
the data. Please provide a time when you and your expert are available to speak telephonically so we can get to the
heart of these Issues. It sounds like her time estimates are not based on the most efficient ways data can be pulled.
This information will be especially useful in devising a plan to comply with the Court's order because I cannot know how
best to accomplish alleviating Defendant's burden without understanding Defendant's burden.
Separately, please note that any agreements we reach in regard to sampling, ijthat is the route we agree on, will be
without p{>ejudice to Plaintlffs-seeking full compliance later. As this is a RAGA actlon,..this is especiali^Jmportant as we _
will need to determine damages for each aggrieved employee and, as this Is a class action, we will never waive our right
to the records for each member of any class that may be certified.
Thank you,
Victoria
From: Horton, Nicholas J.
Sent: Thursday, April 26,2018 11:51 AM
To: Victoria Rivapalacio
Cc: Long, Timothy J. : Heath, Patricia M.
Subject: Spears: Meet and confer re RFPs 20-22.
Victoria,
Thank you for taking the time tod^y to meet and confer regarding RFPs 20-22. To confirm our path forward, you are
going to check with your expert to get a recommendation on a sample size and will follow up with me later today. I will
be unavailable for another phone call but will respond via email as soon as I can and after determining the level of
burden associated with your requested sample size, Based on my belief that at least some of the data is archived
chronologically (vs. individually), you are likely going to recommend a sample size based on a sampling of a handful of
pay periods as opposed to a number of class members. As indicated on the call, I will need to confirm whether a
sampling based on time periods alleviates the burden as to all of the requests and will do so after we receive your
proposed sample size.
Further, as to the non-archived data from January 1,2017 to present, your position is that there is no burden in pulling
that information and you will not agree to a sampling of that data. I referenced the Court's order indicating that Judge
Krueger acknowledged that you do not need data for the entire class for certification purposes. Your position is that
that part of the order relates to assessing the burden versus the need and that the need for that data is less important
when there is a lack of burden.
Lastly, while we did not discuss it on our call, I would propose that any further responses to Special Interrogatory Nos. 6,
7, and 19 be subject to the same sampling as RFPs 20-22, assuming we can reach an agreement on those issues.
If I misstated anything, please let me know.
I look forward to your follow up this afternoon.
Best,
Nick
Nicholas J. Horton
Managing Associaio
Orrick
Sacramenio ©
T+1-916-329-4906
nhorlon@orrick.com
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For more Information about Orrick, please visit hltp:/Amw/.orrick.com,
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EXHIBIT B
Subject: Arana v. Health Net Supplemental Responses
From: "H. Scott Leviant"
Date: April 30,2018 at 15:07:29 PDT
To: "Horton, Nicholas J.~orrlck.fr3ffl> - —
Cc: Ashley Batiste . "William M. Pao" . Shaun Setareh
. "Long, Timothy J." . "Heath, Patricia M."
Subject: Re: Arana v. Health Net Supplemental Responses
Nick:
I confirm that you have correctly summarized our discussion yesterday. Thank you fongetting back to
me so quickly. -
Best regards,
Scort
Sent from my IPhone
On Apr 30, 2018, at 10:28 AM, Horton, Nicholas J. wrote:
Scott,
Thank you again for your time yesterday. Below is what I believe we agreed to during
the call. I know you are traveling this morning, but please review and let me know If this
accurately reflects our agreement.
Sampling: Plaintiff Arana agrees to a sample set of data for 500 putative class members
to the consolidated action. The 500 putative class members will be selected at
random. We will follow up in greater detail on the protocol for randomizing the sample
set. As we discussed. Health Net will only be producing one set of sample data in
response to both Plaintiffs' discovery requests, so our agreement is subject to the
outcome of ongoing sampling discussions Health Net is having with Plaintiff Spears's
counsel.
Requests to Supplement Based on Sample Data: Health Net will supplement its prior
responses to Special Interrogatory Nos. 15,16,17,19, 20, 21 and Requests for
Production of Document Nos. 7-9 and 19-23, based on the sampled data, not based on
the classwide data.
Policy Related Requests: You confirmed that for the following discovery you are only
seeking the policies or training materials related to the topics at issue. With that
limitation, Health Net agrees to supplement its prior responses to Special Interrogatory
Nos. 14and 18 to identify the bates numbers ofthe produced policies it is referring
to. Health Net will also supplement RFPs 10,12,14-17,19-25, and 27-31, if necessary,
to ensure that all relevant policies and training materials have been produced.
Missing Documents: For RFPs 5, 6 and 11, you Indicated that you are missing the
documents referenced in 12/19/2017 meet and confer. Health Net will provide
courtesy copies of the referenced documents HNCA0(X)001-691.
No Further Artlon: Forthe following Special Interrogatories you confirmed that you
would not seek a Motion to Compel and no further action is required by Health
Net: Special Interrogatory Nos. 2,22 and 24.
Please letrae know if this accurately reflects our discussion. _ —
Best,
Nick
From: Horton, Nicholas J.
Sent: Friday, April 27,2018 6:36 PM
To: 'H. Scott Leviant' : 'Ashley Batiste'
Cc: 'William M. Pao' : 'Shaun Setareh '
<5haun@5etarehlaw.com>: Long, Timothy J. orrick.com>: Heath. Patricia M.
Subject: RE: Arana v. Health Net Supplemental Responses
Hi Scott,
I am available on Sunday at 3.00. I look forward to speaking with you then.
Best,
Nick
From: H. Scott Leviant [mailto:scott: 'Ashley Batiste'
Cc: 'William M. Pao' setarehlaw.com>: 'Shaun Setareh '
<5haun(S)5etarehlaw.com>: Long, Timothy J. ; Heath, Patricia M.
orrick.com>
Subject: RE: Arana v. Health Net Supplemental Responses
Nick:
Are you available to talk on Sunday at 3:00 p.m.? If so, I will send a conference call
number for you to use. We should be able to reach at least some agreement that will
reduce the number of requests at Issue In any discovery motions we file Monday.
Sincerely,
H. Scott Leviant
Setareh Law Group
This communication (Including attachments, if anyj cbnstitutes an electronic
communication within the meaning of the Electronic Communications Privacy Act, 18
U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender
of this message. This communication may contain confidential and privileged material
for the sole use of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of the confidential or privileged nature of the
communication.
Nothing contained herein should be construed.as creating or intending to create aiL^
attorney-client relationship. Any and all communications are undertaken in an effort to
evaluate potential claims and determine whether we are interested in representing you.
Unless and until a formal attorney-client contract/retainer agreement is signed by both
the client and the firm, we will not take any action to protect your rights.
From: Horton, Nicholas J.
Sent: Friday, April 27,2018 6:18 PM
To: Ashley Batiste setarehlaw.com>
Cc: 'William M. Pao' 5etarehlaw.com>: 'Shaun Setareh '
: Long, Timothy J. : 'H. Scott Leviant'
<5cott: Heath, Patricia M.
Subject: RE: Arana v. Health Net Supplemental Responses
Ashley,
I informed you on Monday April 23, 2018, that in light ofthe court's rulings, a further
extension did not make any sense. I also told you (hat I was available to meet-and-
confer, but no one contacted me. The issues of concern between us have been known
since last fall and were discussed at length in briefing submitted to the court, so there
should be no surprises on your end. I am willing to make myself available over the
weekend, just give me some available times.
Nick
From: Ashley Batiste fmallto:ashlevg>setarehlaw.com1
Sent: Friday, April 27, 2018 2:38 PM
To: Horton, Nicholas J.
Cc: 'William M. Pao' : 'Shaun Setareh '
: Long, Timothy J. ; 'H. Scott Leviant'
: Heath, Patricia M.
Subject: RE: Arana v. Health Net Supplemental Responses
HI Nick,
Plaintiff is prepared to file a Motion to Compel on Monday, but would rather informally
resolve our discovery disputes without court intervention. My colleague who would
further meet and confer with you is out of the office traveling until Thursday of next
week. Granting Plaintiff an extension of our Motion to Compel deadline would permit
further discussions and possible resolution without resorting to.court Intervention.
Denying an extension would give Plaintiff no other choice but to file a Motion to Compel
on Monday.
Please let me know if Deferidant is willing to grant Plaintiff's request to extend our
Motion to Compel deadline to 5/21/18 which would allow both parties the chance to
further meet and confer.
Best,
Ashley
Ashley N. Batiste, Esq. - - -
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone (310) 888-7771
Facsimile (310) 888-0109
E-mail a5hlev@setarehlaw.com
Internet site www.Setarehlaw.com
This communication (including attachments, If any) constitutes an electronic
communication within the meaning of the Electronic Communications Privacy Act,
18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
the sender of this message. This communication may contain confidential and
privileged material for the sole use of the intended recipient and receipt by anyone
other than the intended recipient does not constitute a loss of the confidential or
privileged nature of the communication.
Nothing contained herein should be construed as creating or intending to create
an attorney-client relationship. Any and all communications are undertaken in an
effort to evaluate potential claims and determine whether we are Interested in
representing you. Unless and until a formal attorney-client contract/retainer
agreement is signed by both the client and the firm, we will not take any action lo
protect your rights.
From: Hortori, Nicholas J.
Sent: Thursday, April 26,2018 12:20 PM
To: Ashley Batiste
Cc: 'William M. Pao' : 'Shaun Setareh '
: Long, Timothy J. ; 'H. Scott Leviant'
: Heath, Patricia M.
Subject: RE: Arana v. Health Net Supplemental Responses
HI Ashley,
Since Arana's at issue discovery goes beyond the issues that were presented to the
Court in Spears's motion to compel, there is not an apples to apples comparison
here. I'm available for a meet and confer call after 6:30 pm today, from 10:00 am to
11:00 am tomorrow, or after 5:00 pm tomorrow and would be happy to discuss this
with you further.
In advance of that call, we are willing to discuss sampling of the requests that are
identical to those at issue in Spears's motion to compel. As to the at issue discovery
that is not identical to that at issue in the motion to compel, you are aware of our
positions as briefed in the Motion to Sequence which your colleague orally joined in
opposing during the hearing, despite your client not formally opposing before the
hearing. Since you did not oppose that motion, I would appreciate a better
understanding of your response to our positions in advance of any further meet and
confer.
Regards,
Nick •
From: Ashley Batiste [mailto:ashlev@setarerrfaw.coml
Sent: Thursday, April 26,2018 10:27 AM
To: Horton, Nicholas J. orrick.com>
Cc: 'William M. Pao' setarehlaw.com>: 'Shaun Setareh'
: 'H. Scott Leviant'
Subject: RE: Arana v. Health Net Supplemental Responses
Hi Nick,
The Court's minute order In Spears v. Health Net Issued on 4/17 addresses several of
Plaintiff Arana's discovery Issues. Many of Plaintiff Arana's discovery issues can be
resolved if Defendant follows the guidelines In the court's minute order. For example,
the Court ordered Defendant to meet and confer on Plaintiff Spears' Special
interrogatory No. 19 (total number of meal period premiums paid to the class members)
and Requests for Documents Nos. 20-22 (class wide time records, payroll records and
wage statements.) Plaintiff Arana has similar requests. Special Interrogatories Nos. 19-
21 asks Defendant to state the number of rest period premiums its paid to potential
class members. Plaintiff Arana also'requests class wide time records, payroll records and
wage statements in Requests for Documents Nos. 8-19, and 13.
The Court granted Plaintiff Spears' request for all of Defendant's policies for providing
commission compensation to the class members. Plaintiff Arana has similar requests:
Request for Documents No. 19 asks for Defendant's policy regarding the computation of
overtime wages for potential class members. Request for Documents No. 20 asks for all
policies that relate to any type of compensation, and Request for Documents No. 23
asks for documents regarding the calculation of the regular rate of pay for overtime
purposes for potential class members.
Defendant is scheduled to meet and confer today with Plaintiff Spears' Counsel on some
of the class wide discovery mentioned above. With that said, it is Plaintiff Arana's
position that it does make sense to extend our motion to compel deadline. Both parties
meeting and conferring past Monday's motion to compel deadline would allow Plaintiff
Arana to avoid filing a lengthy motion to compel on discovery issues duplicative ofthe
issues raised in Plaintiff Spears' motion. The Court will likely not look favorably on
Defendant not granting an extension so that parties can further meet and confer.
Plaintiff has made several efforts to meet and confer on the discovery issues detailed In
our 4/6 email with no avail. If forced to bring a motion to compel on Monday, Plaintiff
will raise all these issues.
Please let me know if Defendant will grant our request to extend our motion to compel
deadline to 5/21/18. If Defendant wishes to meet and confer telephonically please let
me know so that a phone call can be scheduled.
Best,
Ashley
Ashley N. Batiste, Esq.
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone-(310) 888-7771— -
Facsimile (310) 888-0109
E-mail ashlev@5etarehlaw.com
Internet site www.SetarehlBW.com
This communication (including attachments, if any) constitutes an electronic
communication within the meaning of the Electronic Communications Privacy Act,
18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
the sender of this message. This communication may contain confidential and
privileged material for the sole use of the Intended recipient and receipt by anyone
other than the Intended recipient does not constitute a loss of the confidential or
privileged nature of the communication.
Nothing contained herein should be construed as creating or intending to create
an attorney-client relationship. Any and all communications are undertaken in an
effort to evaluate potential claims and determine whether we are interested in
representing you. Unless and until a formal attorney-client contract/retainer
agreement is signed by both the client and the firm, we will not take any action to
protect your rights.
From: Horton, Nicholas J.
Sent: Monday, April 23, 201812:37 PM
To: Ashley Batiste
Cc: 'William M. Pao' : 'Shaun Setareh'
: 'H. Scott Leviant'
Subject: RE: Arana v. Health Net Supplemental Responses
Hi Ashley,
Another extension probably does not make sense, Happy to meetr
and-confer with you this week.
Nick
From: Ashley Batiste (mailto:ashlev@setarehlaw.com1
Sent: Friday, April 20, 2018 3:48 PM
To: Horton, Nicholas J.
Cc: 'William M. Pao' : 'Shaun Setareh '
: 'H. Scott Leviant' <5cott@setarehlaw.com>; Lee, Stephanie
Gail
Subject: FW: Arana v. Health Net Supplemental Responses
Hi Nicholas,
I wanted to follow back up with you regarding Health Net's discovery responses. After
Monday's hearing, I think it makes sense to wait to see if any orders come from the
court that might provide guidance in handling our discovery Issues detailed below. In an
effort to further meet and confer. Plaintiff requests an extension of our motion to
compel deadline. The current deadline is 4/30/18 and the new deadline would be
5/21/18.
Thanks,: _ — - - -
Ashley
Ashley N. Batiste, Esq.
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone (310) 888-7771
Facsimile (310) 888-0109
E-mail ashlev@5etarehlaw.com
Intemet site www.Setarehlaw.com
This communication (including attachments, if any) constitutes an electronic
communication within the meaning of the Electronic Communications Privacy Act,
18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
the sender of this message. This communication may contain confidential and
privileged material for the sole use of the intended recipient and receipt by anyone
other than the intended recipient does not constitute a loss of the confidential or
privileged nature of the communication.
Nothing contained herein should be construed as creating or intending to create
an attorney-client relationship. Any and all communications are undertaken in an
effort to evaluate potential claims and determine whether we are interested in
representing you. Unless and until a formal attomey-client contract/retainer
agreement is signed by both the client and the firm, we will not take any action to
protect your rights.
From: Lee, Stephanie Gall
Sent: Friday, April 6. 2018 2:37 PM
To: Ashley Batiste : Long, Timothy J.
Cc: 'William M. Pao' : 'Shaun Setareh '
: 'H. Scott Leviant' : Chen, Annie H.
: Horton, Nicholas J.
Subject: RE: Arana v. Health Net Supplemental Responses
Ashley,
Thanks for your message. It's nice to meet you by e-mail.
In light of Defendant's pending motion to sequence discovery, the hearing on which has
just been continued to April 16, 2018, Defendant unilaterally extends Plaintiff Arana's
deadline to bring any necessary motion to compel further responses to his first and
second sets of special interrogatories and first set of requests for production of -
documents to two weeks after the date set for the hearing on Defendant's motion - to
April 30, 2018.
Regards,
Stephanie
Stephanie Gall Lee
Managing Associate
Orrick
Los Anoeies
T+1-213-612-2374
stephanie.lee@orrick.com
From: Ashley Batiste fmailto:ashlev@5etarehlaw.com]
Sent: Friday, April 6,201810:09 AM
To: Long, Timothy J. : Lee, Stephanie Gail
Cc: 'William M. Pao' : 'Shaun Setareh '
: 'H. Scott Leviant'
Subject: Arana v. Health Net Supplemental Responses
HI Counsel,
In an effort to meet and confer regarding Defendant's discovery responses, we sent a
detailed letter dated December 28,2017 addressing Defendant's deficient
responses. We have received Defendant's supplemental responses. Defendant did not
provide supplemental responses for Special Interrogatory Nos. 10,15-17,19-22,24, and
for Request for Production of Documents Nos. 5-6,7,10,12,14-18, 20-22, 24-25, 26-30
Plaintiff has yet to receive any responsive documents. Additionally, for Request for
Production of Documents No. 31 Defendant supplemented that it is "unaware of any
non-privileged documents responsive to this request In Defendant's possession,
custody, or control." To the extent that Defendant is aware of any privileged documents
that are responsive to this request in Defendant's possession, custody or control please
specify the basis ofthe privilege under which the documents are being withheld and
provide a privilege log.
As you know, our motion to compel deadline is fast approaching (4/23). Please let us
know by Monday, April 9 when we can expect to receive Defendant's supplemental
responses and responsive documents.
Thank you,
Ashley
Ashley N; Batiste, Esq.
9454 Wilshire Boulevard, Suite 907
Beveriy Hills, California 90212 ,
Telephone (310) 888-7771
Facsimile (310) 888-0109
E-mall ashlev@setarehlaw.com
Internet site ww/w.Setarehlaw.com
This communication (including attachments, if any) constitutes an electronic
communication within the meaning of the Electronic Communications Privacy Act,
18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
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other than the intended recipient docs not constitute a loss of the confidential or
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Nothing contained herein should be construed as creating or intending to create
an attomey-client relationship. Any and alj^communications are undertaken in an
effort to evaluate potenfial clainis and cictermine whether we are interested in
representing you. Unless and until a formal attorney-client contract/retainer
agreement is signed by both the client and the firm, we will not take any action to
protect your rights.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, artd may be a communication privileged by I.
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10
^ -RECEIVED
CIVIL DROP BOX
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VGTJSSC C O U R T K O U S C
SUPFRIOR c o u r u
OF CALIFORNIA
•SACR.AMENTO COUN TY
Preview
FriEDWFAX I TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 HL ^BOeSED. 3 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 MM -•7 2018 4 Facsimile: +1 916 329 4900 5 "STEPHANIE GAIL LEE (STATE BAR NO. 285379) By:. L. Gutierre? - [jeputy Clerk 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, DECLARATION OF NICHOLAS HORTON IN SUPPORT OF 16 DEFENDANT HEALTH NET OF CALIFORNIA, INC.'S STATUS 17 HEALTH NET OF CALIFORNIA, INC., a REPORT Califomia Corporation; and Does 1 through 50, 18 inclusive, Complaint Filed: April 5,2017 FAC Filed: June 29, 2017 19 Defendants. Consolidated Complaint Filed: Dec. 21, 2017 20 Complaint Filed: August 1, 2017 TOMAS R. ARANA, on behalf of himself, all 21 others similarly situated. 22 Plaintiff, 23 24 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 25 inclusive, 26 Defendant. 27 28 DECLARATION OF NICHOLAS HORTON IN SUPPORT OP DISFENDANT'S STATUS REPORT 4129-8649-4739.1 1 I, Nicholas J^ Horton, declare: 2 1. 1 am an attomey duly admitted to practice before the courts of the State of 3 Califomia and am an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of 4 record for Defendant Health Net of Califomia, Inc. ("HNCA"). I make this declaration on 5^ personal knowledge and, if sworn as a witness, could Competently testify to the following facts" 6 except where otherwise indicated. 7 2. Attached hereto as Exhibit A is a true and correct copy of my meet and confer 8 email correspondence with counsel for Plaintiff Spears. 9 3. Attached hereto as Exhibit B is a tme and correct copy of my meet and confer 10 email correspondence vWth counsel for Plaintiff Arana. 11 I declare under penalty of peijury under the laws of the State of Califomia that the 12 foregoing is tme and correct. 13 Executed this 7"' day of May 2018 in Sacramento, Califomia. i-' NicholasU^Hortdn 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF NICHOLAS HORTON IN SUPPORT OF DEFENDANT S STATUS REPORT 4129-8649-4739.1 EXHIBIT A Subject: Spears: Meet and confer re RFPs 20-22. From: Victoria Rivapalacio fmailto:victoria(S)bamlawca,com] Sent: Monday, May 7, 2018 7:55 AM To: Horton, Nicholas J. orrick.com>: Heath, Patricia M. : Norm Blumenthal : Kyle Nordrehaug bamlawca.com>: AJ B : Nicholas De Blouw : Shaun Setareh setarehlaw.com>: H. Scott Leviant : Ulit Ter-Astvatsatryan Subject: RE: Spears; Meet and confer re RFPs 20-22. Nick, I will provide our portion to you by 2 pm today. Thanks, Victoria From: Horton, Nicholas J. Sent: Saturday, May 05,2018 8:54 AM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : Kyle Nordrehaug : AJ B : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant <5cott(5>setarehlaw.com>: Lilit Ter-Astvatsatryan setarehlaw.com> Subject: RE: Spears: Meet and confer re RFPs 20-22. Hi Victoria, Apologies for this getting to you on the weekend. I was working from home yesterday with a sick child and did not see it was stuck in my outbox. Below is a follow up to your requests for more information. How is the payroll/timekeeping data stored: Oracle SQL database with no application present and no Ul layer. The team would need to use a variety of SQL applications to access the data. Payroll data is largely stored chronologically. Timekeeping data Is stored by Employee ID and then date. Size of the archived payroll/timekeeping records: An estimate based on the data for one person who was active throughout 2013-2016 is 200kb per person for the payroll data and 200 kb per person for the timekeeping data. The data for that same person yielded approximately 3100 rows of payroll data and approximately 4000 rows of timekeeping data. How long does it take to pull the data: For each employee it takes approximately 2-3 minutes to pull the payroll data and 2-3 minutes to pull the timekeeping data, which then has to be transferred to the appropriate excel spreadsheet. Wage statements: These are archived as single pdfs of each pay period (i.e, all HNCA wage statements for that pay period are in a single PDF). interviews: We will not be providing anyone to speak on the phone with your expert. If you or your expert have specific follow up questions, please route them through me and we will work to get them answered. Lastly, should we reach an agreement on this compelled sample production, we are not waiving any rights or arguments against how Plaintiffs use this data, including whether it is appropriate to do so, what inferences can be drawn from it, etc. I am available to continue meet and confer over the weekend and would be happy to discuss the reasons why you would need a different sample size as compared to what Mr. Arana's co:insel has already agreed to. That said, we are not Interested In you trying to relitigate issues that were presented as part ofthe motion to compel and upon which the Court already ruled on. In the event that we cannot reach an agreement, I think it makes sense for you to send us your input Into the Joint Report by 2:00 pm on Monday. We will then add it to our position and file it on behalf of both parties. Please let me know If that works for you. • Best, Nick From: Victoria Rivapalacio fmailto:victoriaPbamlawca.coml Sent: Tuesday, May 1, 2018 1:29 PM To: Horton, Nicholas J. Cc: Long, Timothy J. orrick.com>: Heath, Patricia M. : Norm Blumenthal : Kyle Nordrehaug ; AJ B : Nicholas De Blouw : Shaun Setareh : H. Scott Leviant <5cott^setarehlaw.com>: Lilit Ter-Astvatsatryafi Subject: RE: Spears: Meet and confer re RFPs 20-22. Nick, I am re-sending so as to include Arana's attorneys, as well. Victoria From: Victoria Rivapalacio Sent: Tuesday, May 01, 2018 1:23 PM To: 'Horton, Nicholas J.' Cc: 'Long, Timothy J.' orrick!com>: 'Heath, Patricia M.' : Norm Blumenthal : Kyle Nordrehaug ; AJ B : Nicholas De Blouw Subject: RE: Spears: Meet and confer re RFPs 20-22. Nick, Our view on sampling differs from Arana given that we have different regular rate claims and a deeper understanding of defendants claim of burden since those claims were made in response to our discovery and the motions we filed or had to oppose. While we appreciate Arana's input, we need more information to be able to assess how to proceed. We cannot agree to a sample set when we do not understand Defendant's burden. This information Is needed forthe Court to properly evaluate whether certification is appropriate, as demonstrated by the use of similar information for 2 certification purposes in ABM Industries Overtime Cases, 2017 Cal. App. LEXIS 1165, and In Alberts v. Aurora Behavioral Health Care, 241 Cal. App. 4th 388. Because need and burden are to be balanced, and the Court ordered that we meet and confer regarding how to alleviate Defendant's burden, it is imperative that we understand Defendant's burden more speciflcallY. For example, in many cases, establishing a random sample and producing documents for that sample increases burden, rather than decreasing it. This would result in the opposite outcome for the task we were assigned. Because you have not answered our questions below, we cannot agree to a sample, especially without more precision. As I explained on bur call, all information held by ADP is more easily produced in full than through any sampling. Because sampling ir^hat scenario would not serve the purpose ofthe Court's order to alleviate Defendant's burden, nor does.it _ further the purposes of discovery In litigation, we do not agree to It. Please provide more information regarding Defendant's specific burden and/or provide a time when your expert may speak to our expert so they may devise a method that we may all better understand how to alleviate Defendant's burden while still enabling Plaintiff access to the necessary discovery. Thank you, Victoria From: Horton, Nicholas S. Sent: Monday, April 30,2018 4:51 PM To: Victoria Rivapalacio Cc: Long, Timothy J. orrick.com>: Heath, Patricia M. : Kyle Nordrehaug : AJ B : Nicholas De Blouw Subject: RE: Spears: Meet and confer re RFPs 20-22. Victoria, As a follow up to my email below, over the weekend I meet and conferred with Arana's counsel over a number of pending discovery issues, including sampling. Plaintiff Arana and Health Net have agreed to a randomized sample set of data for 500 putative class members in the consolidated action. In light of that agreement, I ask that you reconsider your below demands and accept that sample size as well so that we can begin harvesting a single set of data. Best regards, Nick From:'Horton, Nicholas J. Sent: Friday, April 27, 2018 7:47 PM To: 'Victoria Rivapalacio' Cc: Long, Timothy J. : Heath, Patricia M. ; Norm Blumenthal : Kyle Nordrehaug : AJ B : Nicholas De Blouw Subject: RE: Spears: Meet and confer re RFPs 20-22. Victoria, I am surprised by your demand. At the outset of your meet and confer, which you waited until the eve of the court ordered deadline to initiate, you began by reaffirming your belief that there is no burden to Health Net in producing these records and simply asked what I wanted to talk about. I reiterated that the vast majority of these records are 3 archived and that the process is not as simple as you suggest, and noted that Judge Krueger has cleariy indicated that he would like us to consider sampling or some other option to alleviate the burden of your requests (along with confirming that Plaintiffs do not need classwide data at this time). We then consulted the Declaration of Chrissy Schneider, which you have been in possession of since January 23, 2018, and you indicated that you would need to consult with your expert to determine what a significant statistical sample size should be for the purposes of sampling. But instead of coming back with a suggested sample size, you have returned with demands that are solely centered on challenging what you refer to as a "vague claim of burden"'-which completely ignores that Health Net's.evidence of burden was-unrefuted during-the initial briefing.. So instead of advancing the caus&as requested by the Court, you a r e _ now seeking a second bite at the apple on an issue that you lost in the first round of briefing. This is not a good faith effort to meet and confer. I will follow up with you further after we have evaluated your requests with our client. Best, Nick From: Victoria Rivapalacio rmailto:victoria@bamlawca.com1 Sent: Friday, April 27,2018 8:41 AM To: Horton, Nicholas J. orrick.com> Cc: Long, Timothy J. : Heath, Patricia M. : Norm Blumenthal : Kyle Nordrehaug : AJ B : Nicholas De Blouw Subject: RE: Spears: Meet and confer re RFPs 20-22. Nick, The Court's Orders regardingthe RFPs and the Special Interrogatories apply to RFP nos. 20-22 and Rog nos. 6, 7, and 19 and used the same language. I was discussing both Orders when conferring regarding methods to "reduce the burden on Defendant's payroll department" and exploring "other cost-saving alternatives." You are correct that I will confer with my expert and get back to you, but I have a few questions that I need answered to better address these Issues set forth below regarding Defendant's vague claim of burden. To address how sampling can cure the complaint of burden, I will need to know the following: As to paragraphs 6,10,12, and 16 of the Schneider declaration, please separately state the time estimate for each task she claims is time consuming. Knowing the separate estimates is needed to prioritize the work. The Schneider declaration asserts that PeopleSoft is Defendant's archival system "that is not readily accessible or user- friendly." Please explain how the data is stored. What process Is required to search and/or review archived data? Who retrieves the data? The Schneider declaration asserts that the PeopleSoft archives production of payroll, time, and time adjustment records "would be so large that it would not even fit in Microsoft Excel sheets." What is the size of the production? The Schneider declaration asserts that the PeopleSoft archives production of wage statements "would be an enormous volume of wage statements in PDF format." Again, what Is the size of the file? When is Ms. Chrissy Schneider, who submitted this declaration, available for a call with my expert to discuss extracting the data. Please provide a time when you and your expert are available to speak telephonically so we can get to the heart of these Issues. It sounds like her time estimates are not based on the most efficient ways data can be pulled. This information will be especially useful in devising a plan to comply with the Court's order because I cannot know how best to accomplish alleviating Defendant's burden without understanding Defendant's burden. Separately, please note that any agreements we reach in regard to sampling, ijthat is the route we agree on, will be without p{>ejudice to Plaintlffs-seeking full compliance later. As this is a RAGA actlon,..this is especiali^Jmportant as we _ will need to determine damages for each aggrieved employee and, as this Is a class action, we will never waive our right to the records for each member of any class that may be certified. Thank you, Victoria From: Horton, Nicholas J. Sent: Thursday, April 26,2018 11:51 AM To: Victoria Rivapalacio Cc: Long, Timothy J. : Heath, Patricia M. Subject: Spears: Meet and confer re RFPs 20-22. Victoria, Thank you for taking the time tod^y to meet and confer regarding RFPs 20-22. To confirm our path forward, you are going to check with your expert to get a recommendation on a sample size and will follow up with me later today. I will be unavailable for another phone call but will respond via email as soon as I can and after determining the level of burden associated with your requested sample size, Based on my belief that at least some of the data is archived chronologically (vs. individually), you are likely going to recommend a sample size based on a sampling of a handful of pay periods as opposed to a number of class members. As indicated on the call, I will need to confirm whether a sampling based on time periods alleviates the burden as to all of the requests and will do so after we receive your proposed sample size. Further, as to the non-archived data from January 1,2017 to present, your position is that there is no burden in pulling that information and you will not agree to a sampling of that data. I referenced the Court's order indicating that Judge Krueger acknowledged that you do not need data for the entire class for certification purposes. Your position is that that part of the order relates to assessing the burden versus the need and that the need for that data is less important when there is a lack of burden. Lastly, while we did not discuss it on our call, I would propose that any further responses to Special Interrogatory Nos. 6, 7, and 19 be subject to the same sampling as RFPs 20-22, assuming we can reach an agreement on those issues. If I misstated anything, please let me know. I look forward to your follow up this afternoon. Best, Nick Nicholas J. Horton Managing Associaio Orrick Sacramenio © T+1-916-329-4906 nhorlon@orrick.com NOTICE T o RECIPIENT | This e-mail Is moanl lor only the intended recipient of Ihe transmission, and may be a communli;ation privileged by law. If you received (his e-maU in error, any review, use, dissemination, disliibution, or copying ol Ihis ewail is sliiclly prohibiled. Please notify us Immediately of the error by return e-mail and please delete this message from your system: Thank you In advance lor your cooperation. For more Information about Orrick, please visit hltp:/Amw/.orrick.com, NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication pnvileged by law. If you received this e-mall in enor, any review/, use, dissemination, distribution, or copying of this e-mail Is strictly prohibited. Please notify us immediately ol the error by return e-mail and please delete this message from your system Thank you in advance for your cooperation. For more irtloniiiitioii about Orrick, please visit hitp.f/www.arrfck.com.. NOTICE TO RECIPIENT | This e-mail Is meant for only the intended recipient of the transmission, and may be a communication privileged by law, If you received this e-mail in error, any revievy, use, dissemination, distribution, or copying ol this e-.mall is strictly prohibited. Please notify us Immediately of the error by return e-mail and please dolele this message Irom your system. Thank you in advance for your cooperation; For more information about Orrick, please visit hllp:/Avww.orrlck.com, EXHIBIT B Subject: Arana v. Health Net Supplemental Responses From: "H. Scott Leviant" Date: April 30,2018 at 15:07:29 PDT To: "Horton, Nicholas J.~orrlck.fr3ffl> - — Cc: Ashley Batiste . "William M. Pao" . Shaun Setareh . "Long, Timothy J." . "Heath, Patricia M." Subject: Re: Arana v. Health Net Supplemental Responses Nick: I confirm that you have correctly summarized our discussion yesterday. Thank you fongetting back to me so quickly. - Best regards, Scort Sent from my IPhone On Apr 30, 2018, at 10:28 AM, Horton, Nicholas J. wrote: Scott, Thank you again for your time yesterday. Below is what I believe we agreed to during the call. I know you are traveling this morning, but please review and let me know If this accurately reflects our agreement. Sampling: Plaintiff Arana agrees to a sample set of data for 500 putative class members to the consolidated action. The 500 putative class members will be selected at random. We will follow up in greater detail on the protocol for randomizing the sample set. As we discussed. Health Net will only be producing one set of sample data in response to both Plaintiffs' discovery requests, so our agreement is subject to the outcome of ongoing sampling discussions Health Net is having with Plaintiff Spears's counsel. Requests to Supplement Based on Sample Data: Health Net will supplement its prior responses to Special Interrogatory Nos. 15,16,17,19, 20, 21 and Requests for Production of Document Nos. 7-9 and 19-23, based on the sampled data, not based on the classwide data. Policy Related Requests: You confirmed that for the following discovery you are only seeking the policies or training materials related to the topics at issue. With that limitation, Health Net agrees to supplement its prior responses to Special Interrogatory Nos. 14and 18 to identify the bates numbers ofthe produced policies it is referring to. Health Net will also supplement RFPs 10,12,14-17,19-25, and 27-31, if necessary, to ensure that all relevant policies and training materials have been produced. Missing Documents: For RFPs 5, 6 and 11, you Indicated that you are missing the documents referenced in 12/19/2017 meet and confer. Health Net will provide courtesy copies of the referenced documents HNCA0(X)001-691. No Further Artlon: Forthe following Special Interrogatories you confirmed that you would not seek a Motion to Compel and no further action is required by Health Net: Special Interrogatory Nos. 2,22 and 24. Please letrae know if this accurately reflects our discussion. _ — Best, Nick From: Horton, Nicholas J. Sent: Friday, April 27,2018 6:36 PM To: 'H. Scott Leviant' : 'Ashley Batiste' Cc: 'William M. Pao' : 'Shaun Setareh ' <5haun@5etarehlaw.com>: Long, Timothy J. orrick.com>: Heath. Patricia M. Subject: RE: Arana v. Health Net Supplemental Responses Hi Scott, I am available on Sunday at 3.00. I look forward to speaking with you then. Best, Nick From: H. Scott Leviant [mailto:scott: 'Ashley Batiste' Cc: 'William M. Pao' setarehlaw.com>: 'Shaun Setareh ' <5haun(S)5etarehlaw.com>: Long, Timothy J. ; Heath, Patricia M. orrick.com> Subject: RE: Arana v. Health Net Supplemental Responses Nick: Are you available to talk on Sunday at 3:00 p.m.? If so, I will send a conference call number for you to use. We should be able to reach at least some agreement that will reduce the number of requests at Issue In any discovery motions we file Monday. Sincerely, H. Scott Leviant Setareh Law Group This communication (Including attachments, if anyj cbnstitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Nothing contained herein should be construed.as creating or intending to create aiL^ attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. From: Horton, Nicholas J. Sent: Friday, April 27,2018 6:18 PM To: Ashley Batiste setarehlaw.com> Cc: 'William M. Pao' 5etarehlaw.com>: 'Shaun Setareh ' : Long, Timothy J. : 'H. Scott Leviant' <5cott: Heath, Patricia M. Subject: RE: Arana v. Health Net Supplemental Responses Ashley, I informed you on Monday April 23, 2018, that in light ofthe court's rulings, a further extension did not make any sense. I also told you (hat I was available to meet-and- confer, but no one contacted me. The issues of concern between us have been known since last fall and were discussed at length in briefing submitted to the court, so there should be no surprises on your end. I am willing to make myself available over the weekend, just give me some available times. Nick From: Ashley Batiste fmallto:ashlevg>setarehlaw.com1 Sent: Friday, April 27, 2018 2:38 PM To: Horton, Nicholas J. Cc: 'William M. Pao' : 'Shaun Setareh ' : Long, Timothy J. ; 'H. Scott Leviant' : Heath, Patricia M. Subject: RE: Arana v. Health Net Supplemental Responses HI Nick, Plaintiff is prepared to file a Motion to Compel on Monday, but would rather informally resolve our discovery disputes without court intervention. My colleague who would further meet and confer with you is out of the office traveling until Thursday of next week. Granting Plaintiff an extension of our Motion to Compel deadline would permit further discussions and possible resolution without resorting to.court Intervention. Denying an extension would give Plaintiff no other choice but to file a Motion to Compel on Monday. Please let me know if Deferidant is willing to grant Plaintiff's request to extend our Motion to Compel deadline to 5/21/18 which would allow both parties the chance to further meet and confer. Best, Ashley Ashley N. Batiste, Esq. - - - 9454 Wilshire Boulevard, Suite 907 Beverly Hills, California 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 E-mail a5hlev@setarehlaw.com Internet site www.Setarehlaw.com This communication (including attachments, If any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are Interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action lo protect your rights. From: Hortori, Nicholas J. Sent: Thursday, April 26,2018 12:20 PM To: Ashley Batiste Cc: 'William M. Pao' : 'Shaun Setareh ' : Long, Timothy J. ; 'H. Scott Leviant' : Heath, Patricia M. Subject: RE: Arana v. Health Net Supplemental Responses HI Ashley, Since Arana's at issue discovery goes beyond the issues that were presented to the Court in Spears's motion to compel, there is not an apples to apples comparison here. I'm available for a meet and confer call after 6:30 pm today, from 10:00 am to 11:00 am tomorrow, or after 5:00 pm tomorrow and would be happy to discuss this with you further. In advance of that call, we are willing to discuss sampling of the requests that are identical to those at issue in Spears's motion to compel. As to the at issue discovery that is not identical to that at issue in the motion to compel, you are aware of our positions as briefed in the Motion to Sequence which your colleague orally joined in opposing during the hearing, despite your client not formally opposing before the hearing. Since you did not oppose that motion, I would appreciate a better understanding of your response to our positions in advance of any further meet and confer. Regards, Nick • From: Ashley Batiste [mailto:ashlev@setarerrfaw.coml Sent: Thursday, April 26,2018 10:27 AM To: Horton, Nicholas J. orrick.com> Cc: 'William M. Pao' setarehlaw.com>: 'Shaun Setareh' : 'H. Scott Leviant' Subject: RE: Arana v. Health Net Supplemental Responses Hi Nick, The Court's minute order In Spears v. Health Net Issued on 4/17 addresses several of Plaintiff Arana's discovery Issues. Many of Plaintiff Arana's discovery issues can be resolved if Defendant follows the guidelines In the court's minute order. For example, the Court ordered Defendant to meet and confer on Plaintiff Spears' Special interrogatory No. 19 (total number of meal period premiums paid to the class members) and Requests for Documents Nos. 20-22 (class wide time records, payroll records and wage statements.) Plaintiff Arana has similar requests. Special Interrogatories Nos. 19- 21 asks Defendant to state the number of rest period premiums its paid to potential class members. Plaintiff Arana also'requests class wide time records, payroll records and wage statements in Requests for Documents Nos. 8-19, and 13. The Court granted Plaintiff Spears' request for all of Defendant's policies for providing commission compensation to the class members. Plaintiff Arana has similar requests: Request for Documents No. 19 asks for Defendant's policy regarding the computation of overtime wages for potential class members. Request for Documents No. 20 asks for all policies that relate to any type of compensation, and Request for Documents No. 23 asks for documents regarding the calculation of the regular rate of pay for overtime purposes for potential class members. Defendant is scheduled to meet and confer today with Plaintiff Spears' Counsel on some of the class wide discovery mentioned above. With that said, it is Plaintiff Arana's position that it does make sense to extend our motion to compel deadline. Both parties meeting and conferring past Monday's motion to compel deadline would allow Plaintiff Arana to avoid filing a lengthy motion to compel on discovery issues duplicative ofthe issues raised in Plaintiff Spears' motion. The Court will likely not look favorably on Defendant not granting an extension so that parties can further meet and confer. Plaintiff has made several efforts to meet and confer on the discovery issues detailed In our 4/6 email with no avail. If forced to bring a motion to compel on Monday, Plaintiff will raise all these issues. Please let me know if Defendant will grant our request to extend our motion to compel deadline to 5/21/18. If Defendant wishes to meet and confer telephonically please let me know so that a phone call can be scheduled. Best, Ashley Ashley N. Batiste, Esq. 9454 Wilshire Boulevard, Suite 907 Beverly Hills, California 90212 Telephone-(310) 888-7771— - Facsimile (310) 888-0109 E-mail ashlev@5etarehlaw.com Internet site www.SetarehlBW.com This communication (including attachments, if any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the Intended recipient and receipt by anyone other than the Intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. From: Horton, Nicholas J. Sent: Monday, April 23, 201812:37 PM To: Ashley Batiste Cc: 'William M. Pao' : 'Shaun Setareh' : 'H. Scott Leviant' Subject: RE: Arana v. Health Net Supplemental Responses Hi Ashley, Another extension probably does not make sense, Happy to meetr and-confer with you this week. Nick From: Ashley Batiste (mailto:ashlev@setarehlaw.com1 Sent: Friday, April 20, 2018 3:48 PM To: Horton, Nicholas J. Cc: 'William M. Pao' : 'Shaun Setareh ' : 'H. Scott Leviant' <5cott@setarehlaw.com>; Lee, Stephanie Gail Subject: FW: Arana v. Health Net Supplemental Responses Hi Nicholas, I wanted to follow back up with you regarding Health Net's discovery responses. After Monday's hearing, I think it makes sense to wait to see if any orders come from the court that might provide guidance in handling our discovery Issues detailed below. In an effort to further meet and confer. Plaintiff requests an extension of our motion to compel deadline. The current deadline is 4/30/18 and the new deadline would be 5/21/18. Thanks,: _ — - - - Ashley Ashley N. Batiste, Esq. 9454 Wilshire Boulevard, Suite 907 Beverly Hills, California 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 E-mail ashlev@5etarehlaw.com Intemet site www.Setarehlaw.com This communication (including attachments, if any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in representing you. Unless and until a formal attomey-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. From: Lee, Stephanie Gall Sent: Friday, April 6. 2018 2:37 PM To: Ashley Batiste : Long, Timothy J. Cc: 'William M. Pao' : 'Shaun Setareh ' : 'H. Scott Leviant' : Chen, Annie H. : Horton, Nicholas J. Subject: RE: Arana v. Health Net Supplemental Responses Ashley, Thanks for your message. It's nice to meet you by e-mail. In light of Defendant's pending motion to sequence discovery, the hearing on which has just been continued to April 16, 2018, Defendant unilaterally extends Plaintiff Arana's deadline to bring any necessary motion to compel further responses to his first and second sets of special interrogatories and first set of requests for production of - documents to two weeks after the date set for the hearing on Defendant's motion - to April 30, 2018. Regards, Stephanie Stephanie Gall Lee Managing Associate Orrick Los Anoeies T+1-213-612-2374 stephanie.lee@orrick.com From: Ashley Batiste fmailto:ashlev@5etarehlaw.com] Sent: Friday, April 6,201810:09 AM To: Long, Timothy J. : Lee, Stephanie Gail Cc: 'William M. Pao' : 'Shaun Setareh ' : 'H. Scott Leviant' Subject: Arana v. Health Net Supplemental Responses HI Counsel, In an effort to meet and confer regarding Defendant's discovery responses, we sent a detailed letter dated December 28,2017 addressing Defendant's deficient responses. We have received Defendant's supplemental responses. Defendant did not provide supplemental responses for Special Interrogatory Nos. 10,15-17,19-22,24, and for Request for Production of Documents Nos. 5-6,7,10,12,14-18, 20-22, 24-25, 26-30 Plaintiff has yet to receive any responsive documents. Additionally, for Request for Production of Documents No. 31 Defendant supplemented that it is "unaware of any non-privileged documents responsive to this request In Defendant's possession, custody, or control." To the extent that Defendant is aware of any privileged documents that are responsive to this request in Defendant's possession, custody or control please specify the basis ofthe privilege under which the documents are being withheld and provide a privilege log. As you know, our motion to compel deadline is fast approaching (4/23). Please let us know by Monday, April 9 when we can expect to receive Defendant's supplemental responses and responsive documents. Thank you, Ashley Ashley N; Batiste, Esq. 9454 Wilshire Boulevard, Suite 907 Beveriy Hills, California 90212 , Telephone (310) 888-7771 Facsimile (310) 888-0109 E-mall ashlev@setarehlaw.com Internet site ww/w.Setarehlaw.com This communication (including attachments, if any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient docs not constitute a loss of the confidential or privileged nature ofthe communication. Nothing contained herein should be construed as creating or intending to create an attomey-client relationship. Any and alj^communications are undertaken in an effort to evaluate potenfial clainis and cictermine whether we are interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, artd may be a communication privileged by I. received Ihis e-maU in error, any review, use. dissemination, distribution,.or copying of this e-mail is strictly prohibiled. Please notify us Immedle the error by retum e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick. please visit httpMvmv.orrickxom. 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