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FILED
1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED
ljlong@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP 20I8HAR-9 PH 3= Oli
400 Capitol Mall, Suile 3000
3 Sacramenlo,CA 95814-4497 SUPERIOR COlifil CF CAiJFORNI.A
eOUHTY OF SACRAMCNTO
Telephone: +1 916 447 9200
4 Facsimile: +1 916 3294900
5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
slephanie.Iee(^orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 Soulh Figueroa Street, Suile 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsimile: +1-213-612-2499
9 Attomeys for Defendani
HEALTH NET OF CALIFORNIA, INC.
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SACRAMENTO
13
ANDREA SPEARS, an individual, on behalf Consolidated Case No, 34-2017-00210560-
14 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
15 Plaintiff, DECLARATION OF CHRISSV
SCHNEIDER IN SUPPORT OF
16 V. DEFENDANT'S MOTION TO
SEQUENCE DISCOVERY
17 HEALTH NET OF CALIFORNIA, fNC, a
Califomia Corporalion; and Does 1 Ihrough 50, Date: April 9,2018
18 inclusive, Time: 9:00 a.m.
Dept.: 54
19 Defendants.
Complaint Filed: April 5,2017
20 FAC Filed: June 29, 2017
Consolidated Complaint Filed: Dec. 21,2017
21
22 TOMAS R. ARANA, on behalf of himself, all
CO others similarly situated, Complainl Filed: August 1, 2017
23
<
Plainliff,
24
25
HEALTH NET OF CALIFORNIA, INC., a
26 Califomia corporalion; and DOES 1-50,
inclusive,
27
Defendani.
28
DECLARATION o r Cl IRISSY SCHNEIDER IN SUPPORT OF DCFtNDANT'S MOTION TO SEQUENCE DISCOVERY
1 1, Chrissy Schneider, declare:
2 i. I am a Payroll Manager at Centene Corporation ("Centene"), a position I have held
3 since 2013. I started my employment with Centene in 2007 and have since held various roles in
4 the Payroll Department. As part of my job duties, I am familiar with the payroll functions of
5 Centene and the various Centene companies, including Health Net, Inc. ("HNI") and its subsidiary.
6 Health Net of Califomia, Inc. ("Health Net"). All of the information contained in this declaration
7 is based upon my personal knowledge or, where context indicates, review of the records described
8 herein. If called and swom as a witness, I could and would competently testify to the matters in
9 this declaration.
10 2, I understand that Plaintiffs Andrea Spears and Tomas Arana seek the production of
11 certain documents and information relating to nearly 5,000 current and former employees of Health
12 Nel between April 5, 2013 and the present (the "Employees"), approximately 4,800 of whom are
13 and/or were classified as non-exempt, and approximately 200 of whom are and/or were classified
14 as exempt.
15 3. In 2016. HNI merged with Centene. As a result of this merger, HNPs and its
16 subsidiaries' payroll and timekeeping program (PeopleSoft) was suspended from use effective
17 January 1, 2017. The data residing on PeopeSoft was archived and stored in a manner that is not
18 readily accessible or user-friendly. Employee.s' payroll and timekeeping records from Ihe period
19 April 5. 2013 to December3l, 2016 are stored in these archives.
20 4. Employees' payroll records for January 1, 2017 to the present are stored in ADP.
21 And, their timekeeping records for January I. 2017 to the present are stored in a program called
22 Workforce EmpCenter.
23 Payroll, Time and Time Adjustment Records
24 5. I understand that Ms. Spears and Mr. Arana seek Employees' payroll, time and time
25 adjustment records for the time period April 5,2013 to the present.
26 6. The Company does not have a rcady-to-use application to gather all of these records.
27 Therefore, collecting this data and responding to these requests would be a very time-consuming
28 task.
DECLARATION OFCHRISSY SCHNEIDER IN SUPPORT OH DtiH-NDANT'S MOTION TO SEQUENCE DISCOVERY
1 7. Togathertherequestedrecordsforthetimeperiod Aprils, 2013 and December 31,
2 2016.1 would need to ask Centene's IT team to devise queries and/or build tables they could use
3 to extract them from the PeopleSoft archives. The resulting data would be so large that it would
4 not even fit in Microsoft Excel sheets. Therefore, the IT team would need to build another tool or
5 database to host all of it. Based on my prior dealings with IT and experience at the company, this
6 would be a complicated and time-consuming endeavor, and it will be on top of IT's regular duties.
7 8. I would need to ask Centene's IT team undertake the same steps to pull this data for
8 the time period January 1, 2017 to the present from ADP. While not as time-consuming or
9 complicated as pulling pre-2017 data, this too will take a great deal of time to accomplish.
10 Wage Statements
11 9. I understand that Ms. Spears and Mr. Arana seek Employees' wage statemenis for
12 the time period April 5,2013 to the present.
13 10. The Company does not have a ready-to-use application to gather all of these wage
14 statements. Therefore, responding to this request would be a very time-consuming task.
15 11. To gather the requested wage staiements for the time period April 5, 2013 to
16 December 31, 2016,1 would need to ask Centene's IT team to devise queries and/or build tables
17 they could use to extract them from the PeopleSoft archives. The result would be an enormous
18 volume of wage statements in PDF format. As with extracting the payroll, lime and time adjustment
19 data above, this will be a complicated and time-consuming task.
20 12. To gather these wage statements for the time period January 1, 2017,1 would also
21 need lo ask Centene's IT team to devise queries and/or build tables they could use to extract them
22 from ADP. This will likely lake a significant amount of time.
23 Receipt of Overtime and Cash Payments In Lieu Of Health Benefits
24 13. I understand that Ms. Spears seeks, for each non-exempt Employee, a list detailing
25 each and every pay period during which he or she was paid both overtime compensation and "cash
26 paymenis in lieu of health benefits" between April 5, 2013 and the present.
27
28
DECLARATION OFCHRtSSY SCHNEIDER IN SUPPORT OF DEFENDANT S MOTION TO SEQUENCE DISCOVERY
1 14. I understand that Ms. Spears also seeks data itemizing the lotal number of non-
2 exempt Employees who. at any time between April 5. 2013 and the present, received overtime
3 compensation and "cash payments in lieu of health benefits."
4 15. Employees ceased receiving "cash payments in lieu of health benefits" as of
5 December 31.2016.
6 16. The company does not have a ready-to-use application to gather all of this data.
7 Therefore, responding to these requests would be a very lime-consuming task. First, I would have
8 to go through the steps described in Paragraph 7 above in order lo obtain the Employees' payroll
9 records from the PeopleSoft archives. I would then need to ask Centene's IT team to build queries
10 in order to filter for those non-exempt Employees who received pay under the relevant pay codes
II during the same pay periods, and then, for each such Employee, produce a list identifying each
12 pertinent pay period.
13 Receipt of Overtime and Other "Form[sJ of Remuneration"
14 17. I understand that Mr. Arana seeks a list of each non-exempt Employee who received
15 overtime and "non-discretionary bonuses, shift differential pay, night shift premiums, or another
16 form of remuneration'' between April 5.2013 and the present.
17 18. The company does not have a ready-to-use application to gather ail of this data.
18 Therefore, responding to these requests would be a very time-consuming task. First, I would have
19 to go through the steps described in Paragraphs 7 and 8 above in order to obtain the Employees'
20 payroll records from the PeopleSoft archives and ADP. I would then need to ask Centene's IT team
21 to build queries in order tofilterfor those non-exempl Employees who received pay under the
22 relevant pay codes.
23 Meal and Rest Break Premiums
24 19. I understand that Ms. Spears and Mr. Arana seek, for each non-exempt Employee,
25 and for all non-exempi Employees collectively, data itemizing the total number of meal period
26 premiums paid for the time period April 5,2013 lo the present.
27
28
DECLARATION OF CHRLSSY SCHNEIDER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY
1 ' 20. I also understand that Mr. Arana seeks, for each non-exempl Employee, data
2 itemizing the total dollar amount of meal period and rest break premiums paid, and data itemizing
3 the total number of rest break premiums paid for the time period April 5,2013 to the presenl.
4 21. I also understand that Mr. Arana seeks, for each non-exempt Employee, data
5 identifying the beginning and end dales when meal period and rest break premiums have been paid
6 in the time frame April 5, 2013 to the present.
7 22. The company does not have a ready-to-use application to gather all of this data.
8 Therefore, responding to these requests would be a very time-consuming task.
9 23. In order to gather the information requested, I would have to, as an initial matter, go
10 through the steps described in Paragraphs 7-8 above to obtain the Employees' payroll records from
11 both the PeopleSoft archives and ADP. My team and I would then need to cull and analyze the
12 enormous volumes of resulting data for the pay periods during which each non-Exempt employee
13 was paid either a meal period premium or a rest break premium. Next, we would need to calculate,
14 for each non-Exempt employee, the total numtwr of such premiums paid and the total dollar amounl
15 of such premiums paid to each.
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DECLARATION OFCHRISSY SCHNEIDER IN SUPPORT OF DEFENDANTS MOTION TO SEQUENCE DISCOVERY
1 *Ki****
2 24. To my knowledge, Centene's payroll department has never had to pull such an
3 enormous volume of archived PeopleSoft data. Therefore, it is difficult to project the complications
4 that may arise. Moreover, neither I nor anyone on my team has, to my knowledge, ever had to
5 analyze or perform the calculations Ms. Spears and Mr. Arana seek for so many individuals across
6 such a wide period of time in order to respond to their requests. Accordingly, I am only able to
7 provide the following very rough estimate of how long responding to all of their requests detailed
8 herein would take: at a bare minimum for a leam of three to four people (from IT and Payroll),
9 three to six months of dedicated time.
10 I declare under penalty of perjury under the laws of the State of Califomia and these: United
11 Stales that the foregoing is true and correct.
12 Executed this 2.1'^'^ day of January. 2018 in St. Louis. Missouri.
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DECLARATION OFCHRISSY SCHNEIDTR TN SUPPORT OF DIEFENDANTS MOTION TO SEQUENCE DISCOVERY
Preview
FILED 1 TIMOTHY J. LONG (STATE BAR NO. 137591) ENDORSED ljlong@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 20I8HAR-9 PH 3= Oli 400 Capitol Mall, Suile 3000 3 Sacramenlo,CA 95814-4497 SUPERIOR COlifil CF CAiJFORNI.A eOUHTY OF SACRAMCNTO Telephone: +1 916 447 9200 4 Facsimile: +1 916 3294900 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379) slephanie.Iee(^orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 Soulh Figueroa Street, Suile 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsimile: +1-213-612-2499 9 Attomeys for Defendani HEALTH NET OF CALIFORNIA, INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 ANDREA SPEARS, an individual, on behalf Consolidated Case No, 34-2017-00210560- 14 of herself and on behalf of all persons similarly CU-OE-GDS situated. 15 Plaintiff, DECLARATION OF CHRISSV SCHNEIDER IN SUPPORT OF 16 V. DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 17 HEALTH NET OF CALIFORNIA, fNC, a Califomia Corporalion; and Does 1 Ihrough 50, Date: April 9,2018 18 inclusive, Time: 9:00 a.m. Dept.: 54 19 Defendants. Complaint Filed: April 5,2017 20 FAC Filed: June 29, 2017 Consolidated Complaint Filed: Dec. 21,2017 21 22 TOMAS R. ARANA, on behalf of himself, all CO others similarly situated, Complainl Filed: August 1, 2017 23 < Plainliff, 24 25 HEALTH NET OF CALIFORNIA, INC., a 26 Califomia corporalion; and DOES 1-50, inclusive, 27 Defendani. 28 DECLARATION o r Cl IRISSY SCHNEIDER IN SUPPORT OF DCFtNDANT'S MOTION TO SEQUENCE DISCOVERY 1 1, Chrissy Schneider, declare: 2 i. I am a Payroll Manager at Centene Corporation ("Centene"), a position I have held 3 since 2013. I started my employment with Centene in 2007 and have since held various roles in 4 the Payroll Department. As part of my job duties, I am familiar with the payroll functions of 5 Centene and the various Centene companies, including Health Net, Inc. ("HNI") and its subsidiary. 6 Health Net of Califomia, Inc. ("Health Net"). All of the information contained in this declaration 7 is based upon my personal knowledge or, where context indicates, review of the records described 8 herein. If called and swom as a witness, I could and would competently testify to the matters in 9 this declaration. 10 2, I understand that Plaintiffs Andrea Spears and Tomas Arana seek the production of 11 certain documents and information relating to nearly 5,000 current and former employees of Health 12 Nel between April 5, 2013 and the present (the "Employees"), approximately 4,800 of whom are 13 and/or were classified as non-exempt, and approximately 200 of whom are and/or were classified 14 as exempt. 15 3. In 2016. HNI merged with Centene. As a result of this merger, HNPs and its 16 subsidiaries' payroll and timekeeping program (PeopleSoft) was suspended from use effective 17 January 1, 2017. The data residing on PeopeSoft was archived and stored in a manner that is not 18 readily accessible or user-friendly. Employee.s' payroll and timekeeping records from Ihe period 19 April 5. 2013 to December3l, 2016 are stored in these archives. 20 4. Employees' payroll records for January 1, 2017 to the present are stored in ADP. 21 And, their timekeeping records for January I. 2017 to the present are stored in a program called 22 Workforce EmpCenter. 23 Payroll, Time and Time Adjustment Records 24 5. I understand that Ms. Spears and Mr. Arana seek Employees' payroll, time and time 25 adjustment records for the time period April 5,2013 to the present. 26 6. The Company does not have a rcady-to-use application to gather all of these records. 27 Therefore, collecting this data and responding to these requests would be a very time-consuming 28 task. DECLARATION OFCHRISSY SCHNEIDER IN SUPPORT OH DtiH-NDANT'S MOTION TO SEQUENCE DISCOVERY 1 7. Togathertherequestedrecordsforthetimeperiod Aprils, 2013 and December 31, 2 2016.1 would need to ask Centene's IT team to devise queries and/or build tables they could use 3 to extract them from the PeopleSoft archives. The resulting data would be so large that it would 4 not even fit in Microsoft Excel sheets. Therefore, the IT team would need to build another tool or 5 database to host all of it. Based on my prior dealings with IT and experience at the company, this 6 would be a complicated and time-consuming endeavor, and it will be on top of IT's regular duties. 7 8. I would need to ask Centene's IT team undertake the same steps to pull this data for 8 the time period January 1, 2017 to the present from ADP. While not as time-consuming or 9 complicated as pulling pre-2017 data, this too will take a great deal of time to accomplish. 10 Wage Statements 11 9. I understand that Ms. Spears and Mr. Arana seek Employees' wage statemenis for 12 the time period April 5,2013 to the present. 13 10. The Company does not have a ready-to-use application to gather all of these wage 14 statements. Therefore, responding to this request would be a very time-consuming task. 15 11. To gather the requested wage staiements for the time period April 5, 2013 to 16 December 31, 2016,1 would need to ask Centene's IT team to devise queries and/or build tables 17 they could use to extract them from the PeopleSoft archives. The result would be an enormous 18 volume of wage statements in PDF format. As with extracting the payroll, lime and time adjustment 19 data above, this will be a complicated and time-consuming task. 20 12. To gather these wage statements for the time period January 1, 2017,1 would also 21 need lo ask Centene's IT team to devise queries and/or build tables they could use to extract them 22 from ADP. This will likely lake a significant amount of time. 23 Receipt of Overtime and Cash Payments In Lieu Of Health Benefits 24 13. I understand that Ms. Spears seeks, for each non-exempt Employee, a list detailing 25 each and every pay period during which he or she was paid both overtime compensation and "cash 26 paymenis in lieu of health benefits" between April 5, 2013 and the present. 27 28 DECLARATION OFCHRtSSY SCHNEIDER IN SUPPORT OF DEFENDANT S MOTION TO SEQUENCE DISCOVERY 1 14. I understand that Ms. Spears also seeks data itemizing the lotal number of non- 2 exempt Employees who. at any time between April 5. 2013 and the present, received overtime 3 compensation and "cash payments in lieu of health benefits." 4 15. Employees ceased receiving "cash payments in lieu of health benefits" as of 5 December 31.2016. 6 16. The company does not have a ready-to-use application to gather all of this data. 7 Therefore, responding to these requests would be a very lime-consuming task. First, I would have 8 to go through the steps described in Paragraph 7 above in order lo obtain the Employees' payroll 9 records from the PeopleSoft archives. I would then need to ask Centene's IT team to build queries 10 in order to filter for those non-exempt Employees who received pay under the relevant pay codes II during the same pay periods, and then, for each such Employee, produce a list identifying each 12 pertinent pay period. 13 Receipt of Overtime and Other "Form[sJ of Remuneration" 14 17. I understand that Mr. Arana seeks a list of each non-exempt Employee who received 15 overtime and "non-discretionary bonuses, shift differential pay, night shift premiums, or another 16 form of remuneration'' between April 5.2013 and the present. 17 18. The company does not have a ready-to-use application to gather ail of this data. 18 Therefore, responding to these requests would be a very time-consuming task. First, I would have 19 to go through the steps described in Paragraphs 7 and 8 above in order to obtain the Employees' 20 payroll records from the PeopleSoft archives and ADP. I would then need to ask Centene's IT team 21 to build queries in order tofilterfor those non-exempl Employees who received pay under the 22 relevant pay codes. 23 Meal and Rest Break Premiums 24 19. I understand that Ms. Spears and Mr. Arana seek, for each non-exempt Employee, 25 and for all non-exempi Employees collectively, data itemizing the total number of meal period 26 premiums paid for the time period April 5,2013 lo the present. 27 28 DECLARATION OF CHRLSSY SCHNEIDER IN SUPPORT OF DEFENDANT'S MOTION TO SEQUENCE DISCOVERY 1 ' 20. I also understand that Mr. Arana seeks, for each non-exempl Employee, data 2 itemizing the total dollar amount of meal period and rest break premiums paid, and data itemizing 3 the total number of rest break premiums paid for the time period April 5,2013 to the presenl. 4 21. I also understand that Mr. Arana seeks, for each non-exempt Employee, data 5 identifying the beginning and end dales when meal period and rest break premiums have been paid 6 in the time frame April 5, 2013 to the present. 7 22. The company does not have a ready-to-use application to gather all of this data. 8 Therefore, responding to these requests would be a very time-consuming task. 9 23. In order to gather the information requested, I would have to, as an initial matter, go 10 through the steps described in Paragraphs 7-8 above to obtain the Employees' payroll records from 11 both the PeopleSoft archives and ADP. My team and I would then need to cull and analyze the 12 enormous volumes of resulting data for the pay periods during which each non-Exempt employee 13 was paid either a meal period premium or a rest break premium. Next, we would need to calculate, 14 for each non-Exempt employee, the total numtwr of such premiums paid and the total dollar amounl 15 of such premiums paid to each. 16 17 18 19 20 21 22 23 24 25 26 27 /// 28 /// i .4- \ DECLARATION OFCHRISSY SCHNEIDER IN SUPPORT OF DEFENDANTS MOTION TO SEQUENCE DISCOVERY 1 *Ki**** 2 24. To my knowledge, Centene's payroll department has never had to pull such an 3 enormous volume of archived PeopleSoft data. Therefore, it is difficult to project the complications 4 that may arise. Moreover, neither I nor anyone on my team has, to my knowledge, ever had to 5 analyze or perform the calculations Ms. Spears and Mr. Arana seek for so many individuals across 6 such a wide period of time in order to respond to their requests. Accordingly, I am only able to 7 provide the following very rough estimate of how long responding to all of their requests detailed 8 herein would take: at a bare minimum for a leam of three to four people (from IT and Payroll), 9 three to six months of dedicated time. 10 I declare under penalty of perjury under the laws of the State of Califomia and these: United 11 Stales that the foregoing is true and correct. 12 Executed this 2.1'^'^ day of January. 2018 in St. Louis. Missouri. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OFCHRISSY SCHNEIDTR TN SUPPORT OF DIEFENDANTS MOTION TO SEQUENCE DISCOVERY