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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orriclccom
FILED/ENDORSED
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497 MAY 1 7 2019 r ^
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900
By O.Lashley, Deputy Clerk
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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*** COUNSEL FOR PLAINTIFFS ON NEXT PAGE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
12 Plaintiff, STIPULATION AND-[PROPOSED]
ORDER TO SET HEARING DATE ON
13 (1) PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION, (2) DEFENDANT'S
14 HEALTH NET OF CALIFORNIA, INC.. a MOTION AS TO WHY SPEARS' CASE
Califomia Corporation; and Does 1 through 50, CANNOT PROCEED AS A PAGA
15 inclusive, REPRESENTATIVE ACTION, AND (3)
DEFENDANT'S MOTION AS TO WHY
16 Defendants ARANA'S CASE CANNOT PROCEED
AS A PAGA REPRESENTIVE ACTION
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Original Complaint Filed: April 5,2017
18 TOMAS R. ARANA, on behalf of himself, all FAC Filed: JunQ29,2017
others similarly situated, Consolidated Complaint Filed: Dec. 21,2017
19 Plaintiff,
v.
20 HEALTH NET OF CALIFORNIA, INC., a BY FAX
Califomia corporation; and DOES 1-50,
21 inclusive,
Defendant.
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE .
MAY I 4 2019 4148-6512-1820
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1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
2 APARAJIT BHOWMIK (SBN 248066)
VICTOIOA B. RTVAPALACIO (SBN 275115)
3 2255 Calle Clara
UJoUa,CA 92037
4 Tel: 858.551.1223
Fax: 858.551.1232
5 norm@bamlawca.com
6 Attomeys for Plaintiff
ANDREA SPEARS
7
SETAREH LAW GROUP
8 SHAUN SETAREH (SBN 204514)
H. SCOTT LEVIANT (SBN 200834)
9 shaun@setarehlaw.com
9454 Wilshire Blvd., Suite 907
10 Beverly Hills, CA 90212
Telephone: (310) 888-7771
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Attomeys for Plaintiff
12 TOMAS R. ARANA
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4148-6512-1820
1 REQTALS & STIPULATION
2 1. On April 5, 2019, Defendant Health Net of California, Inc. ("HNCA") filed and
3 served a Notice of Entry of Order Issued by the Califomia Court of Appeal, Third Appellate
4 District, to Stay all Proceedings Pending in the Sacramento County Superior Court
5 2. On April 11, 2019, the Court issued a Minute Order stating "Because ofthe recent
6 stay the Case Management Conference is continued to November 8, 2019 at 1:30 p.m., in
7 Department 35. The hearing date for the pending motions will be discussed at that time. Counsel
8 should notify this department if the stay is lifted before November 8,2019." As such, the hearings
9 on the following fiilly briefed motions were vacated pending the stay: (1) Plaintiffs Spears and
10 Arana's ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears'
11 Case Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
12 Case Cannot Proceed as a PAGA Representative Action ("Pending and Briefed Motions").
13 3. On April 25, 2019, the Califomia Court of Appeal, Third Appellate District issued
14 an order denying Defendant's writ of mandate, prohibition, or certiorari with request for stay. The
15 order stated that the "stay previously issued by this court on April 4, 2019, is vacated."
16 4. With the lift of the stay by the Califomia Court of Appeal, Third Appellate District,
17 the Parties STIPULATE to the setting of a hearing date on the Pending and Briefed Motions based
18 on die availability of the Court and Counsel.
19 IT IS SO STIPULATED.
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27 III
28 III
-1 -
STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4148-6512-1820
1 Dated: May 14,2019 BLUMENTHAL, NORDREHAUG &
BHOWMIK LLP
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By:
41 VICTORLV B. RIVAPALACIO
Attomeys for Plaintiff
5^ ANDREA SPEARS
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Dated: May ,2019 SETAREH LAW GROUP
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9 H. SCOTT LEVIANT
Attomeys for Plaintiff
10 TOMAS R. ARANA
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12 ; Dated: May 13,2019 ORRICK, HERRINGTON & SUTCLIFFE LLP
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14 By:
TIMOTHY J.LONG
15 Attomeys for Defendant
HEALTH NET OF CALIFORNL\, INC.
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-2-
STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4148-6S12-1820
1 /'tPROPDSEDi'ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and sets a
3 hearing date and time of .2ciT for (I) Plaintiffs Spears and Arana's
4 ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' Case
5 Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's
6 Case Cannot Proceed as a PAGA Representative Action. Ifthe Parties mutually agree that a later
7 hearing date would be more convenient, no later than 4:00 p.m. on
8 they may notify the court clerk of the mutually agreed-upon later date.
9 ITIS SO ORDERED.
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Judge
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STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE
4148-6512-1820
: PROOF OF SERVICE
2
I am a citizen of the United States and am employed in the County of Los Angeles, State
3 of Califomia. I am over the age of 18 and not a party to the within action. My business address
is 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212.
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On May 14,2019,1 served the foregoing documents described as:
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STIPULATION AND [PROPOSED] ORDER TO SET HEARING DATE ON (1)
6 I
PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, (2) DEFENDANT'S MOTION
7 AS TO WHY SPEARS' CASE CANNOT PROCEED AS A PAGA REPRESENTATIVE
ACTION, AND (3) DEFENDANT'S MOTION AS TO WHY ARANA'S CASE CANNOT
8 PROCEED AS A PAGA REPRESENTATIVE ACTION
9 in this action by transmitting a true cojpy thereof enclosed in a sealed envelope addressed as
follows:
10
11 Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq.
Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio
12 777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik
Los Angeles, CA 90017 2255 Calle Clara
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Email: stephame.lee@or05rick.com La Jolla, CA 92037
14 EmaU: ^long@orrick.com Email: victoria@bamlawca.com
COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca-com
IS NET, INC. COUNSEL FOR PLAINTIFF ANDREA
SPEARS.
16
Timothy J. Long Esq.
17 Nicholas J. Horton, Esq.
Orrick, Herrington & Sutcliffe LLP
18 400 Capital MaU, Suite 3000
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Sacramento, CA 95814
Email: tjlong@orrick.com
20 COUNSEL FOR DEFENDANT HEALTH
NET,INC.
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22 [X] BY MAIL
23 I am readily familiar with the practice of Setareh Law Group for the collection and
processing of correspondence for mailing with the United States Postal Service. It is the
24 practice that correspondence is deposited with United States Postal Service the same day it is
submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. I am
25
aware that on motion of the party served, service is presumed invalid if postal cancellation date
261 or postage meter date is more than one day after date of deposit for mailing ih affidavit
27 [X] STATE
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I declare under penalty of perjury under the laws of the State of Califomia that the above
is true and correct.
PROOF OF SERVICE
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Executed on May 14,2019, at Beverly Hills, California.
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5 MITA FERNANDEZ
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PROOF OF SERVICE
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orriclccom FILED/ENDORSED 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 MAY 1 7 2019 r ^ Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 By O.Lashley, Deputy Clerk 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 *** COUNSEL FOR PLAINTIFFS ON NEXT PAGE 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- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated. 12 Plaintiff, STIPULATION AND-[PROPOSED] ORDER TO SET HEARING DATE ON 13 (1) PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, (2) DEFENDANT'S 14 HEALTH NET OF CALIFORNIA, INC.. a MOTION AS TO WHY SPEARS' CASE Califomia Corporation; and Does 1 through 50, CANNOT PROCEED AS A PAGA 15 inclusive, REPRESENTATIVE ACTION, AND (3) DEFENDANT'S MOTION AS TO WHY 16 Defendants ARANA'S CASE CANNOT PROCEED AS A PAGA REPRESENTIVE ACTION 17 Original Complaint Filed: April 5,2017 18 TOMAS R. ARANA, on behalf of himself, all FAC Filed: JunQ29,2017 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017 19 Plaintiff, v. 20 HEALTH NET OF CALIFORNIA, INC., a BY FAX Califomia corporation; and DOES 1-50, 21 inclusive, Defendant. 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE . MAY I 4 2019 4148-6512-1820 57 1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP NORMAN B. BLUMENTHAL (SBN 068687) 2 APARAJIT BHOWMIK (SBN 248066) VICTOIOA B. RTVAPALACIO (SBN 275115) 3 2255 Calle Clara UJoUa,CA 92037 4 Tel: 858.551.1223 Fax: 858.551.1232 5 norm@bamlawca.com 6 Attomeys for Plaintiff ANDREA SPEARS 7 SETAREH LAW GROUP 8 SHAUN SETAREH (SBN 204514) H. SCOTT LEVIANT (SBN 200834) 9 shaun@setarehlaw.com 9454 Wilshire Blvd., Suite 907 10 Beverly Hills, CA 90212 Telephone: (310) 888-7771 11 Attomeys for Plaintiff 12 TOMAS R. ARANA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4148-6512-1820 1 REQTALS & STIPULATION 2 1. On April 5, 2019, Defendant Health Net of California, Inc. ("HNCA") filed and 3 served a Notice of Entry of Order Issued by the Califomia Court of Appeal, Third Appellate 4 District, to Stay all Proceedings Pending in the Sacramento County Superior Court 5 2. On April 11, 2019, the Court issued a Minute Order stating "Because ofthe recent 6 stay the Case Management Conference is continued to November 8, 2019 at 1:30 p.m., in 7 Department 35. The hearing date for the pending motions will be discussed at that time. Counsel 8 should notify this department if the stay is lifted before November 8,2019." As such, the hearings 9 on the following fiilly briefed motions were vacated pending the stay: (1) Plaintiffs Spears and 10 Arana's ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' 11 Case Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's 12 Case Cannot Proceed as a PAGA Representative Action ("Pending and Briefed Motions"). 13 3. On April 25, 2019, the Califomia Court of Appeal, Third Appellate District issued 14 an order denying Defendant's writ of mandate, prohibition, or certiorari with request for stay. The 15 order stated that the "stay previously issued by this court on April 4, 2019, is vacated." 16 4. With the lift of the stay by the Califomia Court of Appeal, Third Appellate District, 17 the Parties STIPULATE to the setting of a hearing date on the Pending and Briefed Motions based 18 on die availability of the Court and Counsel. 19 IT IS SO STIPULATED. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 ;/// 27 III 28 III -1 - STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4148-6512-1820 1 Dated: May 14,2019 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP 2 3 By: 41 VICTORLV B. RIVAPALACIO Attomeys for Plaintiff 5^ ANDREA SPEARS 6 Dated: May ,2019 SETAREH LAW GROUP 7 8 9 H. SCOTT LEVIANT Attomeys for Plaintiff 10 TOMAS R. ARANA 11 12 ; Dated: May 13,2019 ORRICK, HERRINGTON & SUTCLIFFE LLP 13 14 By: TIMOTHY J.LONG 15 Attomeys for Defendant HEALTH NET OF CALIFORNL\, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4148-6S12-1820 1 /'tPROPDSEDi'ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and sets a 3 hearing date and time of .2ciT for (I) Plaintiffs Spears and Arana's 4 ("Plaintiffs") Motion for Class Certification, (2) Defendant's Motion as to Why Spears' Case 5 Cannot Proceed as a PAGA Representative Action, (3) Defendant's Motion as to why Arana's 6 Case Cannot Proceed as a PAGA Representative Action. Ifthe Parties mutually agree that a later 7 hearing date would be more convenient, no later than 4:00 p.m. on 8 they may notify the court clerk of the mutually agreed-upon later date. 9 ITIS SO ORDERED. 10 11 12 m Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING MOTION HEARING DATE 4148-6512-1820 : PROOF OF SERVICE 2 I am a citizen of the United States and am employed in the County of Los Angeles, State 3 of Califomia. I am over the age of 18 and not a party to the within action. My business address is 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212. 4 On May 14,2019,1 served the foregoing documents described as: 5 STIPULATION AND [PROPOSED] ORDER TO SET HEARING DATE ON (1) 6 I PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, (2) DEFENDANT'S MOTION 7 AS TO WHY SPEARS' CASE CANNOT PROCEED AS A PAGA REPRESENTATIVE ACTION, AND (3) DEFENDANT'S MOTION AS TO WHY ARANA'S CASE CANNOT 8 PROCEED AS A PAGA REPRESENTATIVE ACTION 9 in this action by transmitting a true cojpy thereof enclosed in a sealed envelope addressed as follows: 10 11 Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq. Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio 12 777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik Los Angeles, CA 90017 2255 Calle Clara 13 Email: stephame.lee@or05rick.com La Jolla, CA 92037 14 EmaU: ^long@orrick.com Email: victoria@bamlawca.com COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca-com IS NET, INC. COUNSEL FOR PLAINTIFF ANDREA SPEARS. 16 Timothy J. Long Esq. 17 Nicholas J. Horton, Esq. Orrick, Herrington & Sutcliffe LLP 18 400 Capital MaU, Suite 3000 19 Sacramento, CA 95814 Email: tjlong@orrick.com 20 COUNSEL FOR DEFENDANT HEALTH NET,INC. 21 22 [X] BY MAIL 23 I am readily familiar with the practice of Setareh Law Group for the collection and processing of correspondence for mailing with the United States Postal Service. It is the 24 practice that correspondence is deposited with United States Postal Service the same day it is submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. I am 25 aware that on motion of the party served, service is presumed invalid if postal cancellation date 261 or postage meter date is more than one day after date of deposit for mailing ih affidavit 27 [X] STATE 28 I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. PROOF OF SERVICE 1 2 Executed on May 14,2019, at Beverly Hills, California. 3 4 5 MITA FERNANDEZ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ; 21 i 22 ^ 23 , 24 25 I J 27 = J 28 PROOF OF SERVICE