Preview
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com FILED/ENDORSED
2 H. Scott Leviant (SBN 200834)
scott@setarehlaw.com
3 SETAREH LAW GROUP DEC 2 1 2018
315 S. Beverly Dr., Suite 315
4 Beverly Hills, Califomia 90212 By: R sunoN
Telephone: (310)888-7771 Deputy Clefl(
5 Facsimile: (310)888-0109
6 Attorneys for Plaintiff TOMAS R. ARANA
7 SUPERIOR COURT OF THE STATE OF CALIFORNL\
8 FOR THE COUNTY OF SACRAMENTO - UNLIMITED JURISDICTION
9 ANDREA SPEARS, an individual, on bdialf of Consol. No. 34-2017-00210560-CU-OE-GDS
hieiself and on behalf of all persons similarly
10 situated, Assigned For All Purposes to the Honorable
Alan G. Perkins, Dqjiartment 35
11 PlahOiff,
CLASS ACTION
12 vs.
BY FAX
13 HEALTH NET OF CALIFORNIA, INC., a DECLARATION OF JAMES TONEY IN
California corporation; and DOES 1 through 50, SUPPORT OF PLAINTIFFS' MOTION
14 inclusive, FOR CLASS CERTIFICATION
15 Defendants.
Date: April 11,2019
16 Time: 10:00 ajn.
TOMAS R- ARANA, on behalf of himself all Courtroom: Dqjartmoit 35
17 others similarly situated.
18 Plaintiff,
19 vs.
20 HEALTH NET OF CALIFORNIA, INC., a
Califomia coiporation; and DOES 1 through SO,
21 inclusive.
22 Defendants.
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Consol. No. 34-2017-00210560-CU-OE-GDS Paget Spears v. Health Net of California, Inc
DECLARATION OF JAMES TONEV IN SUPPORT OF PLAIM1FFS' MOTKMV FOR CLASS CEHTIFICAIION
1 DECLARATION OF JAMES TONEY
2
3 I, James Toney, declare:
4 1. Iamafullyqualified,adultresidentoftheStateof Arkansas, and, if called as a witness
5 herein, I would testify tmthfiilly to the matters s^ forth h^in. All of the matters set forth herein are
6 within my p^^nal knowledge, except those matters diat are statedtobe upon information and belief
7 As to such matters, I believetiiemto be true.
8 2. This Declaration is submitted in support of PLAINTIFFS' MOTION FOR CLASS
9 CERTIFICATION.
10 3. I am the principal of JTCalcs, a firm located in Little Rock, Ailcansas that specializes in
11 data analysis and damage ensure in wage and hour matters. I obtained my Master's degree in Business
12 AdministrationfromChapman University in Orange, Califomia and my BS in AccountingfromLong
13 Beach State University in Long Beach, Califomia.
14 4. I have gained extensive experience in both payroll and general accounting through
15 responsibilities at: Rockwell International, the Boeing Company and Capital Group Companies. I have
16 provided data analysis and damage exposure' for over 600 cases, in both mediation and trial settings. I
17 have reviewed and analyzed data provided in numerous formats for multiple business types - retail,
18 hospital, restaurant, entertainment and construction. '
19 5. I was asked by Counsel for die Plaintiffs to review data supplied by Health Net of
20 California, Inc., in this matter for the purpose of comparing tim^eeping systan time entries with
21 telephone system log on and log off time entries.
22 6. The files utilized in the analysis are:
23 (a) HNCA0002632_Confidetial vAiich contained approximately 3.8 million time
24 punch records for 3,042 employees spanning die period December 2S, 2016
25 dirough May 11,2018.
26 (b) HNCA004429 which contained approximately 160 thousand lines of login and
27 logout time stamps for 822 employees spanning the period August 23,2016
28 duou^Nov»nber7,2018.
Consol. No. 34-2017-00210560-CU-OE-GDS Pagel Spears v. Health Net of California, Inc.
DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
1 7. ThesefilesintersectfortheperiodDecember25,2016 through May 11,2018.
2 8. I noted during the initial review that the comparison oftime punch recortis to the login
3 and logout times yielded results that were not reasonable. Based on inputfromcounsel it was
4 determined that the login/logout file time stamps were in the UTC or Universal Time Zone whereas the
5 time punch records were in the Pacific Time Zone. These two time zones are 7.0 hours ^arL Once an
6 adjustment was made for the zone difference a comparison of records can be made.
7 9. A second difTerence noted between the files was that the punch records in
8 HNCA0002632 were rounded to the minute comparedtothe login/logout records which were recorded
9 to the second. If no adjustment is made, then there will be records that appeartoshow that the
10 employee is logged onto the system subsequenttothe pundi out for the shift The login/logout records
11 were adjusted for the fust minute after the shift punch out Below is an example ofthe adjustment
12 (a) If the logout time is 8:00:24 and the pundi out time is 8:00:00 the unadjusted
13 delta would show that the employee was logged in for 24 seconds after the
14 punch out for the day. In this example die logout time was rounded back to
15 8:00:00 which results in a time match or no time issue.
16 10. Once the adjustmoits were made for time formats and zones, a comparison of records
17 was performed. The fields required for analysis were the employee ID number, date, login/logout time
18 stamps and die start/end of shift time punches. The time record fields pulled from HNCA 0002632
19 were the "Employee ID", "Woric Date", "In Time" and "Out Time". The reconls pulled from the
20 HNCA0004429 were the "Employee numbei", "Login Date", "Login Time" and "Logout Time". Once
21 these records were isolated, they were matched together by employee number and the work date.
22 11. A comparison was madefirstreviewing the time the employee logged into the system
23 compared to the time die employee pundi m for die day. Approximately 72,000 shifts were analyzed
24 fortimedeltas. Records included in the sample were those ranging fixim a login to the phone syston of
25 not more than one hour prior to the shift start and no longer than three hours after the ^ift started. The
26 numb^ of shifts that show a login prior to the work day start punch are 3,496 or 4.8%. When the login
27 precedes thetimepunch, the average number of minutes is 4.9 per shift. Thetotalnumber of minutes
28 that fall into this category for the sample data is 17,187.
Consol. No. 34-2017-00210560-CU-OE-GDS Page 2 l^ars v. Health Net of Califama. Inc.
DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTinCATION
1 12. A total of approximately 53,300 shifts were reviewed for the end of the shift time
2 punches. There were approximately 21,700 shifts or 40.7% where diere was a logoff entry subsequent
3 to the punch out fortiiework day. When the logoff was subsequenttopunch out for the work day, fhe
4 average number of minutes is 20.7. The total number of minutes for the sample is 450,910.
5 To a reasonable degree of professional cotainty, the contents of this declaration represents my
6 opinion. I alone conducted the analysis contained within this document. I reserve therightto alter my
7 opinion should additional information become available or clarified. I declare md&t praialty of penury,
8 under the laws of the State of Califomia, that the foregoing is true and coirect Executed this 21 ^ day of
9 December 2018, at Littie Rock, Arkansas.
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ames ToBfey
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Consol. No. 34-2017-00210560-CU-OE-GDS Page 3 Sjpears v. Health Net of Califomia, Inc.
DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
1 PROOF OF SERVICE
2
I am a citizen of the United States and am employed in the Coimty 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
5 On December 21,2018,1 served the foregoing documents described as:
6 DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR
CLASS CERTIFICATION
7
in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as
8
follows:
9
Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq.
10 Orrick, Herrington & SutclifTe LLP Victoria B. Rivapalacio
777 Figueroa St Suite 3200 Blimienthal, Nordrehaug, & Bhowmik
11
Los Angeles, CA 90017 2255 Calle Clara
12 Email: stephanie.lee@or05rick.com La JoUa, CA 92037
Email: tjlong@orrick.com Email: victoria@bamlawca.com
13 COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca.com
14
NET, INC. COUNSEL FOR PLAINTIFF ANDREA
SPEARS.
15 Timothy J. Long Esq.
Nicholas J. Horton, Esq.
16 Orrick, Herrington & Sutcliffe LLP
17
400 Capital Mall, Suite 3000
Sacramento, CA 95814
18 Email: tjlong@orrick;com
COUNSEL FOR DEFENDANT HEALTH
19 NET, INC.
20
[XJ BY MAIL
21
I am readily familiar with the practice of Setareh Law Group for the collection and
22 processing of correspondence for mailing with the United States Postal Service. It is the
23
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, Califomia. I am
24 aware that on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in affidavit.
25
pC] STATE
26
27 I declare tmder penalty of perjury under the laws ofthe State of Califomia that the above
is tme and correct.
28
1
PROOF OF SERVICE
I Executed on December 21, 2018, at Beverly Hills, California.
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4 NITA FERNANDEZ
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PROOF OF SERVICE
Preview
1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com FILED/ENDORSED 2 H. Scott Leviant (SBN 200834) scott@setarehlaw.com 3 SETAREH LAW GROUP DEC 2 1 2018 315 S. Beverly Dr., Suite 315 4 Beverly Hills, Califomia 90212 By: R sunoN Telephone: (310)888-7771 Deputy Clefl( 5 Facsimile: (310)888-0109 6 Attorneys for Plaintiff TOMAS R. ARANA 7 SUPERIOR COURT OF THE STATE OF CALIFORNL\ 8 FOR THE COUNTY OF SACRAMENTO - UNLIMITED JURISDICTION 9 ANDREA SPEARS, an individual, on bdialf of Consol. No. 34-2017-00210560-CU-OE-GDS hieiself and on behalf of all persons similarly 10 situated, Assigned For All Purposes to the Honorable Alan G. Perkins, Dqjiartment 35 11 PlahOiff, CLASS ACTION 12 vs. BY FAX 13 HEALTH NET OF CALIFORNIA, INC., a DECLARATION OF JAMES TONEY IN California corporation; and DOES 1 through 50, SUPPORT OF PLAINTIFFS' MOTION 14 inclusive, FOR CLASS CERTIFICATION 15 Defendants. Date: April 11,2019 16 Time: 10:00 ajn. TOMAS R- ARANA, on behalf of himself all Courtroom: Dqjartmoit 35 17 others similarly situated. 18 Plaintiff, 19 vs. 20 HEALTH NET OF CALIFORNIA, INC., a Califomia coiporation; and DOES 1 through SO, 21 inclusive. 22 Defendants. 23 24 25 26 27 28 Consol. No. 34-2017-00210560-CU-OE-GDS Paget Spears v. Health Net of California, Inc DECLARATION OF JAMES TONEV IN SUPPORT OF PLAIM1FFS' MOTKMV FOR CLASS CEHTIFICAIION 1 DECLARATION OF JAMES TONEY 2 3 I, James Toney, declare: 4 1. Iamafullyqualified,adultresidentoftheStateof Arkansas, and, if called as a witness 5 herein, I would testify tmthfiilly to the matters s^ forth h^in. All of the matters set forth herein are 6 within my p^^nal knowledge, except those matters diat are statedtobe upon information and belief 7 As to such matters, I believetiiemto be true. 8 2. This Declaration is submitted in support of PLAINTIFFS' MOTION FOR CLASS 9 CERTIFICATION. 10 3. I am the principal of JTCalcs, a firm located in Little Rock, Ailcansas that specializes in 11 data analysis and damage ensure in wage and hour matters. I obtained my Master's degree in Business 12 AdministrationfromChapman University in Orange, Califomia and my BS in AccountingfromLong 13 Beach State University in Long Beach, Califomia. 14 4. I have gained extensive experience in both payroll and general accounting through 15 responsibilities at: Rockwell International, the Boeing Company and Capital Group Companies. I have 16 provided data analysis and damage exposure' for over 600 cases, in both mediation and trial settings. I 17 have reviewed and analyzed data provided in numerous formats for multiple business types - retail, 18 hospital, restaurant, entertainment and construction. ' 19 5. I was asked by Counsel for die Plaintiffs to review data supplied by Health Net of 20 California, Inc., in this matter for the purpose of comparing tim^eeping systan time entries with 21 telephone system log on and log off time entries. 22 6. The files utilized in the analysis are: 23 (a) HNCA0002632_Confidetial vAiich contained approximately 3.8 million time 24 punch records for 3,042 employees spanning die period December 2S, 2016 25 dirough May 11,2018. 26 (b) HNCA004429 which contained approximately 160 thousand lines of login and 27 logout time stamps for 822 employees spanning the period August 23,2016 28 duou^Nov»nber7,2018. Consol. No. 34-2017-00210560-CU-OE-GDS Pagel Spears v. Health Net of California, Inc. DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 1 7. ThesefilesintersectfortheperiodDecember25,2016 through May 11,2018. 2 8. I noted during the initial review that the comparison oftime punch recortis to the login 3 and logout times yielded results that were not reasonable. Based on inputfromcounsel it was 4 determined that the login/logout file time stamps were in the UTC or Universal Time Zone whereas the 5 time punch records were in the Pacific Time Zone. These two time zones are 7.0 hours ^arL Once an 6 adjustment was made for the zone difference a comparison of records can be made. 7 9. A second difTerence noted between the files was that the punch records in 8 HNCA0002632 were rounded to the minute comparedtothe login/logout records which were recorded 9 to the second. If no adjustment is made, then there will be records that appeartoshow that the 10 employee is logged onto the system subsequenttothe pundi out for the shift The login/logout records 11 were adjusted for the fust minute after the shift punch out Below is an example ofthe adjustment 12 (a) If the logout time is 8:00:24 and the pundi out time is 8:00:00 the unadjusted 13 delta would show that the employee was logged in for 24 seconds after the 14 punch out for the day. In this example die logout time was rounded back to 15 8:00:00 which results in a time match or no time issue. 16 10. Once the adjustmoits were made for time formats and zones, a comparison of records 17 was performed. The fields required for analysis were the employee ID number, date, login/logout time 18 stamps and die start/end of shift time punches. The time record fields pulled from HNCA 0002632 19 were the "Employee ID", "Woric Date", "In Time" and "Out Time". The reconls pulled from the 20 HNCA0004429 were the "Employee numbei", "Login Date", "Login Time" and "Logout Time". Once 21 these records were isolated, they were matched together by employee number and the work date. 22 11. A comparison was madefirstreviewing the time the employee logged into the system 23 compared to the time die employee pundi m for die day. Approximately 72,000 shifts were analyzed 24 fortimedeltas. Records included in the sample were those ranging fixim a login to the phone syston of 25 not more than one hour prior to the shift start and no longer than three hours after the ^ift started. The 26 numb^ of shifts that show a login prior to the work day start punch are 3,496 or 4.8%. When the login 27 precedes thetimepunch, the average number of minutes is 4.9 per shift. Thetotalnumber of minutes 28 that fall into this category for the sample data is 17,187. Consol. No. 34-2017-00210560-CU-OE-GDS Page 2 l^ars v. Health Net of Califama. Inc. DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTinCATION 1 12. A total of approximately 53,300 shifts were reviewed for the end of the shift time 2 punches. There were approximately 21,700 shifts or 40.7% where diere was a logoff entry subsequent 3 to the punch out fortiiework day. When the logoff was subsequenttopunch out for the work day, fhe 4 average number of minutes is 20.7. The total number of minutes for the sample is 450,910. 5 To a reasonable degree of professional cotainty, the contents of this declaration represents my 6 opinion. I alone conducted the analysis contained within this document. I reserve therightto alter my 7 opinion should additional information become available or clarified. I declare md&t praialty of penury, 8 under the laws of the State of Califomia, that the foregoing is true and coirect Executed this 21 ^ day of 9 December 2018, at Littie Rock, Arkansas. 10 11 ames ToBfey 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consol. No. 34-2017-00210560-CU-OE-GDS Page 3 Sjpears v. Health Net of Califomia, Inc. DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 1 PROOF OF SERVICE 2 I am a citizen of the United States and am employed in the Coimty 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 5 On December 21,2018,1 served the foregoing documents described as: 6 DECLARATION OF JAMES TONEY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 7 in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as 8 follows: 9 Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq. 10 Orrick, Herrington & SutclifTe LLP Victoria B. Rivapalacio 777 Figueroa St Suite 3200 Blimienthal, Nordrehaug, & Bhowmik 11 Los Angeles, CA 90017 2255 Calle Clara 12 Email: stephanie.lee@or05rick.com La JoUa, CA 92037 Email: tjlong@orrick.com Email: victoria@bamlawca.com 13 COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca.com 14 NET, INC. COUNSEL FOR PLAINTIFF ANDREA SPEARS. 15 Timothy J. Long Esq. Nicholas J. Horton, Esq. 16 Orrick, Herrington & Sutcliffe LLP 17 400 Capital Mall, Suite 3000 Sacramento, CA 95814 18 Email: tjlong@orrick;com COUNSEL FOR DEFENDANT HEALTH 19 NET, INC. 20 [XJ BY MAIL 21 I am readily familiar with the practice of Setareh Law Group for the collection and 22 processing of correspondence for mailing with the United States Postal Service. It is the 23 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, Califomia. I am 24 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 25 pC] STATE 26 27 I declare tmder penalty of perjury under the laws ofthe State of Califomia that the above is tme and correct. 28 1 PROOF OF SERVICE I Executed on December 21, 2018, at Beverly Hills, California. 2 3 4 NITA FERNANDEZ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE