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1 TIMOTHY J. LONG (STATE BAR NO. 137591) FILED
tilong(a),orrick:.com EHDORSEO
2 NICHOLAS J. HORTON (STATE BAR NO. 489217)
nhorton(%orrick.com 2018 APR-3 PH 1:58
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000 CSKTYGFSACRAMEHVO
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200
5 Facsimile: +1 916 329 4900
6 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
stephanie.lee(5),orrick.comORRICK. HERRINGTON &
7 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
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 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.
16 Plaintiff, DECLARATION OF TIMOTHY J.
LONG IN SUPPORT OF DEFENDANT'S
17 OPPOSITIONS TO PLAINTIFF'S
MOTIONS TO COMPEL FURTHER
18 HEALTH NET OF CALIFORNIA, INC., a RESPONSES TO DOCUMENT
Califomia Corporation; and Does 1 through 50, REQUESTS AND SPECIAL
19 inclusive. INTERROGATORIES; REQUEST FOR
SANCTIONS
CO 20 Defendants.
Date: April 16, 2018
<
21 Time: 9:00 a.m.
Judge: Hon. Christopher E, Krueger
z(D 22
23 TOMAS R. ARANA, on behalf of himself, all
Dept.: 54
Complaint Filed: April 5,2017
others similarly situated,
FAC Filed: June 29, 2017
XL 24
Plaintiff, Consolidated Complaint Filed: Dec. 21,2017
O 25 V. Complaint Filed: August 1,2017
26 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
27 inclusive,
- Defendant.
28
TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
FOR SANCTIONS
1 I, Timothy J. Long, hereby declare as follows:
2 1. I am an attomey duly admitted to practice before the courts of the State of Califomia
3 and a partner in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of record for
4 Defendant Health Net of Califomia, Inc. I make this declaration on personal knowledge and, if
5 swom as a witness, could competently testify to the following facts except where otherwise
6 indicated.
7 2. As the Court will see in the other materials filed in opposition to the Discovery
8 Motions, there was no legitimate reason for counsel for Plaintiff Spears to have filed these motions
9 at this time. This is particularly tme given that counsel knew that this Court was already scheduled
10 to decide the issues raised in these motions, we had already provided the data/information sought
11 by counsel, and we had provided counsel with an extension to file these motions in case this Court
12 did not ultimately reach all the issues of concem to counsel.
13 3. The attomeys on my team, including me, have spent in excess of ten (10) hours
14 preparing Health Net's Opposition to the Motion to Compel Further Answers to Special
15 Interrogatories, Set One, and supporting papers. The attomeys on my team, including me, have
16 spent in excess of ten (10) hours preparing Health Net's Opposition to the Motion to Compel
17 Further Answers to Request for Production, Set One, and supporting papers. We anticipate
18 spending two (2) additional hours preparing for and appearing at hearings on these two motions -
19 one hour for each motion, for a total in excess of 22 hours. For this work, our flat hourly rate is
20 $572.
21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for
22 the needless vvork spent on opposing Plaintiffs Motion to Compel Further Responses to Document
23 Requests, and an additional $6,292 for the needless work spent on having to oppose Plaintiffs
24 Motion to Compel Further Responses to Special Interrogatories, for a total of $12,292.
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TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST
FOR SANCTIONS
1 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
2 is tme and correct. Executed this 3rd day of April, 2018.
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) FILED tilong(a),orrick:.com EHDORSEO 2 NICHOLAS J. HORTON (STATE BAR NO. 489217) nhorton(%orrick.com 2018 APR-3 PH 1:58 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 CSKTYGFSACRAMEHVO 4 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 5 Facsimile: +1 916 329 4900 6 STEPHANIE GAIL LEE (STATE BAR NO. 285379) stephanie.lee(5),orrick.comORRICK. HERRINGTON & 7 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 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 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. 16 Plaintiff, DECLARATION OF TIMOTHY J. LONG IN SUPPORT OF DEFENDANT'S 17 OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER 18 HEALTH NET OF CALIFORNIA, INC., a RESPONSES TO DOCUMENT Califomia Corporation; and Does 1 through 50, REQUESTS AND SPECIAL 19 inclusive. INTERROGATORIES; REQUEST FOR SANCTIONS CO 20 Defendants. Date: April 16, 2018 < 21 Time: 9:00 a.m. Judge: Hon. Christopher E, Krueger z(D 22 23 TOMAS R. ARANA, on behalf of himself, all Dept.: 54 Complaint Filed: April 5,2017 others similarly situated, FAC Filed: June 29, 2017 XL 24 Plaintiff, Consolidated Complaint Filed: Dec. 21,2017 O 25 V. Complaint Filed: August 1,2017 26 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 27 inclusive, - Defendant. 28 TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST FOR SANCTIONS 1 I, Timothy J. Long, hereby declare as follows: 2 1. I am an attomey duly admitted to practice before the courts of the State of Califomia 3 and a partner in the law firm of Orrick, Herrington & Sutcliffe LLP, attomeys of record for 4 Defendant Health Net of Califomia, Inc. I make this declaration on personal knowledge and, if 5 swom as a witness, could competently testify to the following facts except where otherwise 6 indicated. 7 2. As the Court will see in the other materials filed in opposition to the Discovery 8 Motions, there was no legitimate reason for counsel for Plaintiff Spears to have filed these motions 9 at this time. This is particularly tme given that counsel knew that this Court was already scheduled 10 to decide the issues raised in these motions, we had already provided the data/information sought 11 by counsel, and we had provided counsel with an extension to file these motions in case this Court 12 did not ultimately reach all the issues of concem to counsel. 13 3. The attomeys on my team, including me, have spent in excess of ten (10) hours 14 preparing Health Net's Opposition to the Motion to Compel Further Answers to Special 15 Interrogatories, Set One, and supporting papers. The attomeys on my team, including me, have 16 spent in excess of ten (10) hours preparing Health Net's Opposition to the Motion to Compel 17 Further Answers to Request for Production, Set One, and supporting papers. We anticipate 18 spending two (2) additional hours preparing for and appearing at hearings on these two motions - 19 one hour for each motion, for a total in excess of 22 hours. For this work, our flat hourly rate is 20 $572. 21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for 22 the needless vvork spent on opposing Plaintiffs Motion to Compel Further Responses to Document 23 Requests, and an additional $6,292 for the needless work spent on having to oppose Plaintiffs 24 Motion to Compel Further Responses to Special Interrogatories, for a total of $12,292. 25 /// 26 /// - 27 28 •1- TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES; REQUEST FOR SANCTIONS 1 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 2 is tme and correct. Executed this 3rd day of April, 2018. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28