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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjIong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000 DORSED
4 Sacramento, CA 95&14-4497
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900 AUG 2 4 2018
6 ANNIE H. CHEN (STATE BAR NO. 292032)
annie.chen@orrick.com By D. Lashley. Deputy Clerk
7 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
8 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
9 Facsimile: +1-213-612-2499
10 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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I COUNTY OF SACRAMENTO
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ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
--15..^ .of herself and on behalf of all persons similarly CU-OE-GDS ; -'^:,^^ - -
situated,
T6 Plaintiff, STIPULATION AND [PROPOSEDl
ORDER TO CONTINUE HEARING AND
17 RESETTING BRIEFING SCHEDULE
RELATING TO CLASS
18 HEALTH NET OF CALIFORNIA, INC., a CERTIFICATION
Califomia Corporation; and Does 1 through 50,
19 inclusive, Original Complaint Filed: April 5,2017
FAC Filed: June 29, 2017
20 Defendants. Consolidated Complaint Filed: Dec. 21,2017
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TOMAS R. ARANA, on behalf of hunself, all
22 others similarly situated,
23 Plaintiff,
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25 HEALTH NET OF CALIFORNIA, INC.. a
Califomia corporation; and DOES 1-50,
26 iiiclusive,
27' DefendanL
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STIPULATION AND (PROPOSEDl ORDER CONTINUING HEARING AND RESETriNG BRIEFING SCHEDULE
1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
2 APARAJIT BHOWMIK (SBN 248066)
VICTORIA B. RIVAPALACIO (SBN 275115)
3^ 2255 Calle Clara
La Jolla, CA 92037
4 .Tel:_ 858.551.1223
-Fax: .858,551.1232 ^
~5 norm@bamlawca.com
6 Attomeys for Plaintiff
ANDREA SPEARS
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SETAREH LAW GROUP
8 SHAUN SETAREH (SBN 204514)
H. SCOTT LEVIANT (SBN 200834)
9 shaun@setarehlawxom
9454 Wilshire Blvd., Suite 907
10 Beverly Hills, CA 90212
Telephone: (310) 888-7771
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5Attomeys for Plaintiff
12 iTOMAS R. ARANA
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND RESETTING BRIEFING SCHEDULE
1 RECITALS & STIPULATION
2 1. On March 28, 2018, the Court set February 1, 2019, at 10:00 a.m., as the date for
3 the hearing on Plaintiffs Andrea Spears' and Tomas Arana's Motion for Class Certification atid
-4 Health of California, Inc.'s ("Health Net") affirmative motion as to why-the case should.not be
"5 certified as a class action and/or proceed as a PAGA action (hereinafter "Motion for
6 Decertification"). In its March 28"* Minute Order, the Court also set the following briefing dates:
7 • September 28, 2018 as the deadline for filing Plaintiffs' opening brief for class
8 certification and Health Net's Motion for Decertification;
9 • November 27,2018 as the deadline for filling opposition briefs to either motion; and
10 • January4,2018 as the deadline for filing reply briefs in support of either motion.
11 2. On July 16,2018, Plaintiff Spearsfileda Motion to Continue the Hearing Dateand
12 ;^Briefing Schedule set out in the Court's above-mentioned March 28"' Order ("Motion to Continue")
13 3. The Parties have met and conferred regarding Plaintiff Spears' Motion to Contiiiiiie,
14 In order to conserve judicial resources and try and resolve their differences without seeking Court
15 intervention, the parties have agreed to resolve Plaintiff Spears' Motion to Continue as follows,
16 subject the Court's approval:
17 • Continue the date for the hearing on Plaintiffs' Motion for Class Certification and
18 Health Net's Motion for Decertification from February 1, 2019 at 10:00 a.m. to April
19 11,2019 at 10:00 a.m. i
20 • The deadline for filing Plaintiffs' opening brief for class certification and/or Health
21 Net's decertification motion is December 14,2018.
22 • The deadline for filing opposition briefs to either moUon is February 15,2019.^ '
23 • The deadline for filing reply briefs in support of either motion is March 15,2019.
24 4. The Court's Clerk has informed counsel for Health Net that the Court is avaiiable to
25 hear the Motion on April 11,2019 at 10:00 a.m.
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STIPULATION AND |PROPOSED| ORDER RE HEARING ON MOTION FOR CLASS CERTIFICATION AND MOTION FOR
DECERTIFICATION
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Dated: August 1,2018 BLUMENTHAL, NORDREHAUG &
3 BHOWMIK LLP
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5 By:.
VICTORIA B. RIVAPALACIO
6 Attorneys for Plaintiff
ANDREA SPEARS
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8 Dated: Aug;ust 1,2018 SETAREH LAW GROUP
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rEVIANT
lis Attomeys for Plaintiff
TOMAS R. ARANA
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Dated: August 1,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP
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IS
By:
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TIM01
17 Attomeu^ for DcfcncUiit
HEALTH NET Of CALIFORNIA. INC.
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STlPULATrO.N' AND |PR01>OS!:D) ORDER RE HEARING ON MOTION FOR CLASS CERTIFICATION AND MOTION FOR
DUCERTiriCATION
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2 IPkUPUSIklbl ORDER
3 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation. The hearing
4 on Plaintiffs' Motion for Class Certification and Health Net's affirmative motion as to why the
5 case should not be certified as a class action and/or proceed as a PAOA action is continued to
6 April 11,2019 at 10:00 a.m.
7 The deadline for filing Plaintiffs' opening brief for class certification and/or Health Net's
8 motion as to why the case should not be certified as a class action and/or proceed as a PAGA
9 action is December 14,2018. if:
10 The deadline for filing opposition briefs to either motion is February 15,2019.
11 The deadline for filing reply briefs in support of either motion is March 15,2019.
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13 IT IS SO ORDERED.
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15 Dated
Qan G. Pe
16 Judge of the
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STIPULATION AND (PROPOSED] ORDER RE HEARING ON MOTION FOR CUSS CERTIFICATION AND MOTION FOR
DECERTIFICATION
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mmmu 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjIong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 DORSED 4 Sacramento, CA 95&14-4497 Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 AUG 2 4 2018 6 ANNIE H. CHEN (STATE BAR NO. 292032) annie.chen@orrick.com By D. Lashley. Deputy Clerk 7 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, Suite 3200 8 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 9 Facsimile: +1-213-612-2499 10 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 11 COUNSEL FOR PLAINTIFFS ON NEXT PAGE 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 I COUNTY OF SACRAMENTO 14 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- --15..^ .of herself and on behalf of all persons similarly CU-OE-GDS ; -'^:,^^ - - situated, T6 Plaintiff, STIPULATION AND [PROPOSEDl ORDER TO CONTINUE HEARING AND 17 RESETTING BRIEFING SCHEDULE RELATING TO CLASS 18 HEALTH NET OF CALIFORNIA, INC., a CERTIFICATION Califomia Corporation; and Does 1 through 50, 19 inclusive, Original Complaint Filed: April 5,2017 FAC Filed: June 29, 2017 20 Defendants. Consolidated Complaint Filed: Dec. 21,2017 21 TOMAS R. ARANA, on behalf of hunself, all 22 others similarly situated, 23 Plaintiff, 24 25 HEALTH NET OF CALIFORNIA, INC.. a Califomia corporation; and DOES 1-50, 26 iiiclusive, 27' DefendanL 28 STIPULATION AND (PROPOSEDl ORDER CONTINUING HEARING AND RESETriNG BRIEFING SCHEDULE 1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP NORMAN B. BLUMENTHAL (SBN 068687) 2 APARAJIT BHOWMIK (SBN 248066) VICTORIA B. RIVAPALACIO (SBN 275115) 3^ 2255 Calle Clara La Jolla, 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@setarehlawxom 9454 Wilshire Blvd., Suite 907 10 Beverly Hills, CA 90212 Telephone: (310) 888-7771 11 5Attomeys for Plaintiff 12 iTOMAS R. ARANA 13 14 1-5- 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND RESETTING BRIEFING SCHEDULE 1 RECITALS & STIPULATION 2 1. On March 28, 2018, the Court set February 1, 2019, at 10:00 a.m., as the date for 3 the hearing on Plaintiffs Andrea Spears' and Tomas Arana's Motion for Class Certification atid -4 Health of California, Inc.'s ("Health Net") affirmative motion as to why-the case should.not be "5 certified as a class action and/or proceed as a PAGA action (hereinafter "Motion for 6 Decertification"). In its March 28"* Minute Order, the Court also set the following briefing dates: 7 • September 28, 2018 as the deadline for filing Plaintiffs' opening brief for class 8 certification and Health Net's Motion for Decertification; 9 • November 27,2018 as the deadline for filling opposition briefs to either motion; and 10 • January4,2018 as the deadline for filing reply briefs in support of either motion. 11 2. On July 16,2018, Plaintiff Spearsfileda Motion to Continue the Hearing Dateand 12 ;^Briefing Schedule set out in the Court's above-mentioned March 28"' Order ("Motion to Continue") 13 3. The Parties have met and conferred regarding Plaintiff Spears' Motion to Contiiiiiie, 14 In order to conserve judicial resources and try and resolve their differences without seeking Court 15 intervention, the parties have agreed to resolve Plaintiff Spears' Motion to Continue as follows, 16 subject the Court's approval: 17 • Continue the date for the hearing on Plaintiffs' Motion for Class Certification and 18 Health Net's Motion for Decertification from February 1, 2019 at 10:00 a.m. to April 19 11,2019 at 10:00 a.m. i 20 • The deadline for filing Plaintiffs' opening brief for class certification and/or Health 21 Net's decertification motion is December 14,2018. 22 • The deadline for filing opposition briefs to either moUon is February 15,2019.^ ' 23 • The deadline for filing reply briefs in support of either motion is March 15,2019. 24 4. The Court's Clerk has informed counsel for Health Net that the Court is avaiiable to 25 hear the Motion on April 11,2019 at 10:00 a.m. 26 27 28 1 STIPULATION AND |PROPOSED| ORDER RE HEARING ON MOTION FOR CLASS CERTIFICATION AND MOTION FOR DECERTIFICATION J 2 Dated: August 1,2018 BLUMENTHAL, NORDREHAUG & 3 BHOWMIK LLP 4 5 By:. VICTORIA B. RIVAPALACIO 6 Attorneys for Plaintiff ANDREA SPEARS 7 8 Dated: Aug;ust 1,2018 SETAREH LAW GROUP 9 10 rEVIANT lis Attomeys for Plaintiff TOMAS R. ARANA 12^ 13 Dated: August 1,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 14 IS By: 16 TIM01 17 Attomeu^ for DcfcncUiit HEALTH NET Of CALIFORNIA. INC. IS;;- 19 20 21 22 23 24 25 26 27 28 -2- STlPULATrO.N' AND |PR01>OS!:D) ORDER RE HEARING ON MOTION FOR CLASS CERTIFICATION AND MOTION FOR DUCERTiriCATION 1 2 IPkUPUSIklbl ORDER 3 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation. The hearing 4 on Plaintiffs' Motion for Class Certification and Health Net's affirmative motion as to why the 5 case should not be certified as a class action and/or proceed as a PAOA action is continued to 6 April 11,2019 at 10:00 a.m. 7 The deadline for filing Plaintiffs' opening brief for class certification and/or Health Net's 8 motion as to why the case should not be certified as a class action and/or proceed as a PAGA 9 action is December 14,2018. if: 10 The deadline for filing opposition briefs to either motion is February 15,2019. 11 The deadline for filing reply briefs in support of either motion is March 15,2019. 12 13 IT IS SO ORDERED. 14 15 Dated Qan G. Pe 16 Judge of the 17 18 19 20 21 22 23 24 25 26 27 28 3- STIPULATION AND (PROPOSED] ORDER RE HEARING ON MOTION FOR CUSS CERTIFICATION AND MOTION FOR DECERTIFICATION