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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP DEC 2 1 2018
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497 By. T. Elder
Telephone: +1 916 447 8299 Deputy Glerk^
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf pf all persons CU-OE-GDS
11 similarly situated.
Plaintiff, DECLARATION OF DIANE C. RODES
12
IN SUPPORT OF APPLICATION TO
13 SEAL EXHIBITS FILED IN SUPPORT
OF MOTIONS WHY PLAINTIFFS'
HEALTH NET OF CALIFORNIA, INC., a CASES SHOULD NOT PROCEED AS
14 California Corporation; and Does 1 through PAGA REPRESENTATIVE ACTIONS
50, inclusive.
15 Date: April 11,2019
Defendants. Time: 10:00 a.m.
16 Dept: 35
Judge: Hon. Alan G. Perkins
17
Complaint Filed: April 5,2017
18 FAC FUed: June 29,2017
19
TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
20 others similarly situated, Consolidated Complaint FUed: Dec. 21,2017
21 Plamdff,
22
(0 23 HEALTH NET OF CALIFORNL\, INC., a
Califomia corporation; and DOES 1-50,
24 inclusive,
25 Defendant.
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DECLARATION OF DIANE RODES ISO
APPLICATION TO FILE DOCUMENTS UNDER SEAL
1 I , Diane C. Rodes, declare as follows:
2 1. I am the Director of Human Resources for Health Net, Inc. ("HNI"). Ihaviebeen
3 employed in this position since 2000. As part of my job duties, I am familiar with the human
4 resources functions of Health Net of California, Inc. ("HNCA"), a subsidiary of HNI. All of the
5 information contained in this declaration is based upon my personai knowledge or, where context
6 indicates, review of the records described herein. If called and swom as a witness, I could and
7 would competently testify to the matters in this declaration.
8 2. As the Durector of Human Resources, I am familiar with and have reviewed many
9 pf HNCA's written policies and practices pertaining to meal and rest periods. I have access to
10 HNCA's corporate and business records and am famUiar with the contents of current and
11 historical versions ofHNCA's written policies.
12 3. HNCA considers its written descriptions of hs meal period, rest period, and
13 timekeeping poUcies to be confidential.
14 4. Exhibits A, B, and C to my Declaration in Support ofMotion as to Why Spears'
15 Case Shoxdd Not Proceed as a PAGA Representative Action are HNCA's "Associate Policy:
16 Timekeeping," HNCA's "Associate PoUcy: Working Hours and Pay Practices," and an email dated
17 January 7,2016, respectively. These documents provide written descriptions ofHNCA's meal and
18 rest break poUcies in effect at the time periods relevant to HNCA's motions. A tme and correct
19 copy of Exhibits A, B, and C to my Declaration in Support of Motion as to Why Spears' Case
20 Should Not Proceed as a PAGA Representative Action are attached hereto as Exhibit L
21 5. Exhibit A to my Declaration in Support ofMotion as to Why Arana's Case Should
22 Not Proceed as a PAGA Representative Action attaches HNCA's "Associate PoUcy:
23 Thnekeeping." A trae and correct copy of Exhibit A to my Declaration in Support of Motion as to
24 Why Arana's Case Should Not Proceed as a PAGA Representative Action is attached hereto as
25 Exhibit 2.
26 : 6. It is my understanding that none of these documents are avaUable or dissemmated
27 to the general public.
28 7. HNCA has expended significanttimeand resources td develop its written
-2-
DECLARATION OF DIANE RODES ISO
APPLICATION TO FILE DOCUMENTS UNDER SEAL
1 descriptions of its associate policies. In addition, HNCA has made efiforts to keep such
2 inforraation confidential by limiting the distribution of these written descriptions ofHNCA's
3 policies. HNCA's policy is that diese written descriptions are disseminated to only current
4 employees through an intemal website, and these particular poUcies are no longer available to be
5 viewed internally by current employees because they have been archived. If these written
6 descriptions ofHNCA's policies were publicly avaUable, HNCA would potentially compromise
7 the benefit of the time and resources put into developing these policies.
8 I declare under penalty of perjury under the laws of the State of Califomia that the
9 foregoing is tme and correct.
10 Executed this 21st day of December, 2018 in Rancho Cordova, Caiifomia.
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14 Diane C. Rodes
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4152-9522-5881.2
DECLARATION OF DIANE RODES ISO
APPLICATION TO FILE DOCUMENTS UNDER SEAL
EXHIBIT 1
Lodged Conditionally Under Seal
EXHIBIT 2
Lodged Conditionally Under Seal
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP DEC 2 1 2018 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 By. T. Elder Telephone: +1 916 447 8299 Deputy Glerk^ 5 Facsimile: +1 916 329 4900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- of herself and on behalf pf all persons CU-OE-GDS 11 similarly situated. Plaintiff, DECLARATION OF DIANE C. RODES 12 IN SUPPORT OF APPLICATION TO 13 SEAL EXHIBITS FILED IN SUPPORT OF MOTIONS WHY PLAINTIFFS' HEALTH NET OF CALIFORNIA, INC., a CASES SHOULD NOT PROCEED AS 14 California Corporation; and Does 1 through PAGA REPRESENTATIVE ACTIONS 50, inclusive. 15 Date: April 11,2019 Defendants. Time: 10:00 a.m. 16 Dept: 35 Judge: Hon. Alan G. Perkins 17 Complaint Filed: April 5,2017 18 FAC FUed: June 29,2017 19 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 20 others similarly situated, Consolidated Complaint FUed: Dec. 21,2017 21 Plamdff, 22 (0 23 HEALTH NET OF CALIFORNL\, INC., a Califomia corporation; and DOES 1-50, 24 inclusive, 25 Defendant. 26 27 28 DECLARATION OF DIANE RODES ISO APPLICATION TO FILE DOCUMENTS UNDER SEAL 1 I , Diane C. Rodes, declare as follows: 2 1. I am the Director of Human Resources for Health Net, Inc. ("HNI"). Ihaviebeen 3 employed in this position since 2000. As part of my job duties, I am familiar with the human 4 resources functions of Health Net of California, Inc. ("HNCA"), a subsidiary of HNI. All of the 5 information contained in this declaration is based upon my personai knowledge or, where context 6 indicates, review of the records described herein. If called and swom as a witness, I could and 7 would competently testify to the matters in this declaration. 8 2. As the Durector of Human Resources, I am familiar with and have reviewed many 9 pf HNCA's written policies and practices pertaining to meal and rest periods. I have access to 10 HNCA's corporate and business records and am famUiar with the contents of current and 11 historical versions ofHNCA's written policies. 12 3. HNCA considers its written descriptions of hs meal period, rest period, and 13 timekeeping poUcies to be confidential. 14 4. Exhibits A, B, and C to my Declaration in Support ofMotion as to Why Spears' 15 Case Shoxdd Not Proceed as a PAGA Representative Action are HNCA's "Associate Policy: 16 Timekeeping," HNCA's "Associate PoUcy: Working Hours and Pay Practices," and an email dated 17 January 7,2016, respectively. These documents provide written descriptions ofHNCA's meal and 18 rest break poUcies in effect at the time periods relevant to HNCA's motions. A tme and correct 19 copy of Exhibits A, B, and C to my Declaration in Support of Motion as to Why Spears' Case 20 Should Not Proceed as a PAGA Representative Action are attached hereto as Exhibit L 21 5. Exhibit A to my Declaration in Support ofMotion as to Why Arana's Case Should 22 Not Proceed as a PAGA Representative Action attaches HNCA's "Associate PoUcy: 23 Thnekeeping." A trae and correct copy of Exhibit A to my Declaration in Support of Motion as to 24 Why Arana's Case Should Not Proceed as a PAGA Representative Action is attached hereto as 25 Exhibit 2. 26 : 6. It is my understanding that none of these documents are avaUable or dissemmated 27 to the general public. 28 7. HNCA has expended significanttimeand resources td develop its written -2- DECLARATION OF DIANE RODES ISO APPLICATION TO FILE DOCUMENTS UNDER SEAL 1 descriptions of its associate policies. In addition, HNCA has made efiforts to keep such 2 inforraation confidential by limiting the distribution of these written descriptions ofHNCA's 3 policies. HNCA's policy is that diese written descriptions are disseminated to only current 4 employees through an intemal website, and these particular poUcies are no longer available to be 5 viewed internally by current employees because they have been archived. If these written 6 descriptions ofHNCA's policies were publicly avaUable, HNCA would potentially compromise 7 the benefit of the time and resources put into developing these policies. 8 I declare under penalty of perjury under the laws of the State of Califomia that the 9 foregoing is tme and correct. 10 Executed this 21st day of December, 2018 in Rancho Cordova, Caiifomia. 11 12 13 14 Diane C. Rodes 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4152-9522-5881.2 DECLARATION OF DIANE RODES ISO APPLICATION TO FILE DOCUMENTS UNDER SEAL EXHIBIT 1 Lodged Conditionally Under Seal EXHIBIT 2 Lodged Conditionally Under Seal