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1 TIMOTHY J. LONG (STATE BARNO. 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 BARNO. 285379)
stephanie.lee@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 Soutii Figueroa Stireet Suite 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsunile: +1-213-612-2499
9 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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11 SUPERIOR COURT OF THE STATE OF CALIFORNLV
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 behaif of all persons similarly CU-OE-GDS
situated,
15 Plaintiff, ASSIGNED FOR ALL PURPOSES TO
JUDGE ALAN G. PERKINS, DEPT. 35
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DEFENDANT'S CASE MANAGEMENT
17 HEALTH NET OF CALIFORNIA, INC., a CONFERENCE STATEMENT
Califomia Corporation; and Does 1 through 50,
18 inclusive, Date: March 28,2018
Time: 9:00 a.m.
19 Defendants. Dept.: 35
20 Complaint Filed: April 5,2017
FAC Filed: June 29, 2017
21 Trial Date: None Set
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TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
23 others similarly situated,
24 Plaintiff,
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26 HEALTH NET, INC., a Delaware corporation;
and DOES 1-50, inclusive,
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Defendant.
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4139-2954-2418
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 Defendant Health Net of Califomia, Inc. ("Health Net") submits the following Case
2 Management Conference Statement in advance of the Case Management Conference set for March
3 28,2018 at 9:00 a.m.
4 I. CASE SUMMARY
5 Intiiisconsolidated wage-and-hovir class and representative action. Plaintiffs Andrea Spears
6 and Tomas Arana alleges that Health Net failed to provide them and putative class members with
7 meal and rest breaks, pay them all hourly wages, properly calculate their regular rate of pay and,
8 derivatively, failed to provide them with accurate wage statements, failed to timely pay them all
9 final wages and engaged unfair competition. Health Net denies that Plaintiffs can meet the
10 requirements to certify a class, that Plaintiffs and the individuals they seek to represent are
11 aggrieved, and that their representative claims are manageable. Health Net also disputes Plaintiffs'
12 claims on the merits.
13 IL WRITTEN DISCOVERY AND DISCOVERY MOTIONS
14 Prior to consoUdation, both Plaintiffs propounded written discovery on Health Net. Plaintiff
15 Spears served her first sets of document requests, special interrogatories, employment law form
16 interrogatories and admission requests on July 25, 2017. Health Net served its responses on
17 September 12, 2017 and supplemental responses on December 6, 2017. Plaintiff also served her
18 second set of special interrogatories on December 19, 2017, to which Health Net served its
19 responses on January 12,2018.
20 Plaintiff Arana served his first and second sets of special interrogatories and first sets of
21 document requests, employment law form interrogatories and admission requests on September 19,
22 2017. Health Net served its responses on December 4,2017 and supplemental responses on January
23 22,2018.
24 On Febmary 5, 2018, Health Net provided the parties' Belaire-West administrator with
25 putative class members' personal contact information. The administrator mailed the Belaire-West
26 notices on Febmary 15, 2018, and putative class members' deadline to opt out of disclosure is
27 March 17,2018.
28 ///
4139-29S4-24I8 ^
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 In sum. Health Net has provided discovery responses related to Plaintiffs' personal claims,
2 class certification and the merits of Plaintiffs' regular rate and rounding claims. However, because
3 certain of the discovery goes to the merits and/or damages aspects of Plaintiffs' other claims (their
4 meal and rest break, off-the-clock and misclassification claims), is unduly burdensome and
5 infringes on privacy rights of non-party employees, Health Net did not tum over everything
6 Plaintiffs requested. During meet-and-confer discussions. Health Net informed Plaintiffs of its
7 concems, explained its bases for objection and proposed sequencing discovery. The parties were
8 imable to resolve their differences through the meet-and-confer process and agreed to raise their
9 respective concems to the Department. As the Court knows, the Court invited the parties to brief
10 a Motion to Sequence Discovery at the last CMC, which Health Net did and only Plaintiff Spears
11 opposed. The Court recentiy denied that motion without prejudice to Health Net refiling that
12 motion in Department 54, which Health Net has also done. That motion is now scheduled to be
13 heardon April 9,2018.
14 III. DISPOSITIVE MOTIONS
15 On Febraary 5, 2018, Health Net filed its motion for summary adjudication as to Plaintiffs'
16 regular rate, rounding and derivative PAGA claims. That motion is set for hearing on April 26,
17 2018 before Judge Kraeger.
18 IV. CERTIFICATION-RELATED MOTIONS
19 Health Net suggests that the Court set a deadline for Plaintiffs to file class certification
20 motions that is six months away. Health Net also proposes a briefmg schedule whereby Health Net
21 has 60 days to oppose any certification-related motion and Plaintiffs have 30 days thereafter to file
22 and serve their reply memorandum. Health Net would be agreeable to an identical briefing schedule
23 as any affirmative motion challenging certification and/or the PAGA claims that it may file.
24 V. PAGA-RELATED MOTIONS
25 Health Net is contemplating bringing a motion challenging Plaintiffs' PAGA allegations on
26 a number of grounds, including that neither plaintiff is an aggrieved employee and that these claims
27 are unmanageable.
28 ///
4139-2954-2418 "^ -
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 VI. MEDIATION
2 Health Net may be amenable to mediation following theratingson the above-referenced
3 motions and after the parties have engaged in additional discovery and motion practice.
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5 Dated: March 14,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP
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7 By:
STEPHANIE GAIL LEE
8 . Attorneys for Defendant
HEALTH NET OF CALIFORNL\, INC.
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DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 PROOF OF SERVICE BY U.S. MAIL
2 I am more than eighteen years old and not a party to this action. My business address is
3 Orrick, Herrington & Sutcliffe LLP, 777 South Figueroa Stieet, Suite 3200, Los Angeles, Califomia
4 90017.
5 On March 14,2018,1 served tiie following documents:
6 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
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(By U.S. MaU) on all of the interested parties in this action by placing trae and correct copies
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thereof in sealed envelopes addressed as follows:
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PLEASE SEE ATTACHED SERVICE LIST
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I placed the envelope(s) for collection and mailing following our ordinary busmess
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practices. I am readily familiar with this business's practice for collecting and processing
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22 correspondence for mailing. On the same day that correspondence is placed for collection and
14 mailing, it is deposited in the ordinary course of business with the United States Postal Service in
15 a sealed envelope with postage fiilly paid.
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I declare under penalty of perjury under the laws of the State of Califomia that the above is
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trae and correct.
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Executed on this 14th day of March 2018, at Los Angeles, Califomia.
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4139-2954-2418
PROOF OF SERVICE BY U.S. MAIL
1 SERVICE LIST
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3 Norman B. Blumenthal
Kyle R. Nordrehaug
4 Aparajit Bhowmik
Piya Mukheijee
5 Victoria B. Rivapalacio
BLUMENTHAL, NORDREHAUG & BHOMIK
6 2255 Calle Clara
La Jolla, CA 92037-3107
7 Telephone: (858)551-1223
Facsimile: (858) 551-1232
8 Attorneys for Plaintiff Andrea Spears
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10 C. Shaun Setareh
H. Scott Leviant
11 SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
12 Beveriy Hills, CA 90212-2911
Telephone: (310)888-7771
13 Facsimile: (310)888-0109
14 Attomeys for Plaintiff Tomas R. Arana
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4139-2954-2418
SERVICE LIST
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1 TIMOTHY J. LONG (STATE BARNO. 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 BARNO. 285379) stephanie.lee@orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 Soutii Figueroa Stireet Suite 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsunile: +1-213-612-2499 9 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNLV 12 COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 14 of herself and on behaif of all persons similarly CU-OE-GDS situated, 15 Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE ALAN G. PERKINS, DEPT. 35 16 DEFENDANT'S CASE MANAGEMENT 17 HEALTH NET OF CALIFORNIA, INC., a CONFERENCE STATEMENT Califomia Corporation; and Does 1 through 50, 18 inclusive, Date: March 28,2018 Time: 9:00 a.m. 19 Defendants. Dept.: 35 20 Complaint Filed: April 5,2017 FAC Filed: June 29, 2017 21 Trial Date: None Set 22 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 23 others similarly situated, 24 Plaintiff, 25 26 HEALTH NET, INC., a Delaware corporation; and DOES 1-50, inclusive, 27 Defendant. 28 4139-2954-2418 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 Defendant Health Net of Califomia, Inc. ("Health Net") submits the following Case 2 Management Conference Statement in advance of the Case Management Conference set for March 3 28,2018 at 9:00 a.m. 4 I. CASE SUMMARY 5 Intiiisconsolidated wage-and-hovir class and representative action. Plaintiffs Andrea Spears 6 and Tomas Arana alleges that Health Net failed to provide them and putative class members with 7 meal and rest breaks, pay them all hourly wages, properly calculate their regular rate of pay and, 8 derivatively, failed to provide them with accurate wage statements, failed to timely pay them all 9 final wages and engaged unfair competition. Health Net denies that Plaintiffs can meet the 10 requirements to certify a class, that Plaintiffs and the individuals they seek to represent are 11 aggrieved, and that their representative claims are manageable. Health Net also disputes Plaintiffs' 12 claims on the merits. 13 IL WRITTEN DISCOVERY AND DISCOVERY MOTIONS 14 Prior to consoUdation, both Plaintiffs propounded written discovery on Health Net. Plaintiff 15 Spears served her first sets of document requests, special interrogatories, employment law form 16 interrogatories and admission requests on July 25, 2017. Health Net served its responses on 17 September 12, 2017 and supplemental responses on December 6, 2017. Plaintiff also served her 18 second set of special interrogatories on December 19, 2017, to which Health Net served its 19 responses on January 12,2018. 20 Plaintiff Arana served his first and second sets of special interrogatories and first sets of 21 document requests, employment law form interrogatories and admission requests on September 19, 22 2017. Health Net served its responses on December 4,2017 and supplemental responses on January 23 22,2018. 24 On Febmary 5, 2018, Health Net provided the parties' Belaire-West administrator with 25 putative class members' personal contact information. The administrator mailed the Belaire-West 26 notices on Febmary 15, 2018, and putative class members' deadline to opt out of disclosure is 27 March 17,2018. 28 /// 4139-29S4-24I8 ^ DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 In sum. Health Net has provided discovery responses related to Plaintiffs' personal claims, 2 class certification and the merits of Plaintiffs' regular rate and rounding claims. However, because 3 certain of the discovery goes to the merits and/or damages aspects of Plaintiffs' other claims (their 4 meal and rest break, off-the-clock and misclassification claims), is unduly burdensome and 5 infringes on privacy rights of non-party employees, Health Net did not tum over everything 6 Plaintiffs requested. During meet-and-confer discussions. Health Net informed Plaintiffs of its 7 concems, explained its bases for objection and proposed sequencing discovery. The parties were 8 imable to resolve their differences through the meet-and-confer process and agreed to raise their 9 respective concems to the Department. As the Court knows, the Court invited the parties to brief 10 a Motion to Sequence Discovery at the last CMC, which Health Net did and only Plaintiff Spears 11 opposed. The Court recentiy denied that motion without prejudice to Health Net refiling that 12 motion in Department 54, which Health Net has also done. That motion is now scheduled to be 13 heardon April 9,2018. 14 III. DISPOSITIVE MOTIONS 15 On Febraary 5, 2018, Health Net filed its motion for summary adjudication as to Plaintiffs' 16 regular rate, rounding and derivative PAGA claims. That motion is set for hearing on April 26, 17 2018 before Judge Kraeger. 18 IV. CERTIFICATION-RELATED MOTIONS 19 Health Net suggests that the Court set a deadline for Plaintiffs to file class certification 20 motions that is six months away. Health Net also proposes a briefmg schedule whereby Health Net 21 has 60 days to oppose any certification-related motion and Plaintiffs have 30 days thereafter to file 22 and serve their reply memorandum. Health Net would be agreeable to an identical briefing schedule 23 as any affirmative motion challenging certification and/or the PAGA claims that it may file. 24 V. PAGA-RELATED MOTIONS 25 Health Net is contemplating bringing a motion challenging Plaintiffs' PAGA allegations on 26 a number of grounds, including that neither plaintiff is an aggrieved employee and that these claims 27 are unmanageable. 28 /// 4139-2954-2418 "^ - DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 VI. MEDIATION 2 Health Net may be amenable to mediation following theratingson the above-referenced 3 motions and after the parties have engaged in additional discovery and motion practice. 4 5 Dated: March 14,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 6 7 By: STEPHANIE GAIL LEE 8 . Attorneys for Defendant HEALTH NET OF CALIFORNL\, INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4139-29S4-2418 -3 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 PROOF OF SERVICE BY U.S. MAIL 2 I am more than eighteen years old and not a party to this action. My business address is 3 Orrick, Herrington & Sutcliffe LLP, 777 South Figueroa Stieet, Suite 3200, Los Angeles, Califomia 4 90017. 5 On March 14,2018,1 served tiie following documents: 6 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 7 (By U.S. MaU) on all of the interested parties in this action by placing trae and correct copies 8 thereof in sealed envelopes addressed as follows: 9 PLEASE SEE ATTACHED SERVICE LIST 10 I placed the envelope(s) for collection and mailing following our ordinary busmess 11 practices. I am readily familiar with this business's practice for collecting and processing 12 22 correspondence for mailing. On the same day that correspondence is placed for collection and 14 mailing, it is deposited in the ordinary course of business with the United States Postal Service in 15 a sealed envelope with postage fiilly paid. 16 I declare under penalty of perjury under the laws of the State of Califomia that the above is 17 trae and correct. 18 Executed on this 14th day of March 2018, at Los Angeles, Califomia. 19 20 21 22 23 24 25 26 27 28 4139-2954-2418 PROOF OF SERVICE BY U.S. MAIL 1 SERVICE LIST 2 3 Norman B. Blumenthal Kyle R. Nordrehaug 4 Aparajit Bhowmik Piya Mukheijee 5 Victoria B. Rivapalacio BLUMENTHAL, NORDREHAUG & BHOMIK 6 2255 Calle Clara La Jolla, CA 92037-3107 7 Telephone: (858)551-1223 Facsimile: (858) 551-1232 8 Attorneys for Plaintiff Andrea Spears 9 10 C. Shaun Setareh H. Scott Leviant 11 SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 12 Beveriy Hills, CA 90212-2911 Telephone: (310)888-7771 13 Facsimile: (310)888-0109 14 Attomeys for Plaintiff Tomas R. Arana 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- 4139-2954-2418 SERVICE LIST