Preview
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong(g),orrick.com FlLE 3/ENDORSEO
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton(g),on-ic]c.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP OCT 2 6 2018
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497 By:. M, Rubalcaba
Telephone: +1 916 447 9200 Depury Clerk
5 Facsimile: +1 916 329 4900
6 ANNIE H. CHEN (STATE BAR NO. 292032)
annie. chen@orrick. com
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
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, ASSIGNED FOR ALL PURPOSES TO
JUDGE ALAN G. PERKINS, DEPT. 35
17
DEFENDANT'S CASE MANAGEMENT
18 HEALTH NET OF CALIFORNIA, INC., a CONFERENCE STATEMENT
Califomia Corporation; and Does 1 through 50,
19 inclusive, Date: November 9,2018
Time: 10:30 a.m.
20 Defendants. Dept.: 35
21 Complaint Filed: April 5, 2017
FAC Filed: June 29,2017
22 Trial Date: None Set
23
TOIVIAS R. ARANA, on behalf of himself, all
24 others similarly situated, Complaint Filed: August 1,2017
25 Plaintiff,
v.
26
HEALTH NET, INC., a Delaware corporation;
27 and DOES 1-50, inclusive.
Defendant.
28
4124-4115-1256
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 Defendant Health Net of California, Inc. ("Health Net") submits the following Case
2 Management Conference Statement in advance of the Case Management Conference set for
3 November9, 2018, at 10:30 a.m.
4 I. CASE SUMMARY
5 In this consolidated wage-and-hour class and representative action, Plaintiffs Andrea Spears
6 and Tomas Arana allege that Health Net failed to provide them and putative class members with
7 meal and rest breaks, pay them all hourly wages, properly calculate their regular rate of pay and,
8 derivatively, failed to provide them with accurate wage statements, failed to timely pay them all
9 final wages and engaged unfair competition. Health Net denies that Plaintiffs can meet the
10 requirements to certify a class, that Plaintiffs and the individuals they seek to represent are
11 aggrieved, and that their representative claims are manageable. Health Net also disputes Plaintiffs'
12 claims on the merits.
13 IL WRITTEN DISCOVERY AND DISCOVERY MOTIONS
14 Prior to consolidation, both Plaintiffs propounded written discovery on Health Net,
15 including sets of document requests, special interrogatories, employment law form interrogatories
16 and admission requests. Subsequent to consolidation, both Plaintiff Spears and Plaintiff Arana
17 have propounded additional Special Interrogatories and Requests for Production of Documents.
18 Health Net has responded to each set of discovery.
19 Health Net's responses to Plaintiffs' Spears's discovery requests for payroll and
20 timekeeping data were the subject of a motion to sequence discovery filed by Health Net and a
21 motion to compel filed by Plaintiff Spears. Health Net's motion was denied and Plaintiff Spears's
22 motion was continued pending further meet and confer. After additional meet-and-confer and
23 clarification firom Plaintiff's expert. Health Net was able to figure out a solution to produce
24 anonymized payroll and timekeeping data for the putative class.
25 Plaintiff Arana has sought data conceming the log-on/-off times on the phone system used
26 by putative class members who work in Health Net's contact centers—Plaintiff Arana's Request
27 for Production of Documents No. 3 3. Counsel are in the process of meeting and conferring about
28 this Request and Plaintiff Arana has requested an additional extension to file a motion to compel,
4124-4115-1256 ill ,
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 to which Health Net has agreed.
2 m, DEPOSITIONS T
3 Plaintiffs have noticed and completed Health Net's Person Most knowledgeable
4 depositions relating to 36 categories of information.
5 Defendant is noticing depositions of Plaintiff Spears and Plaintiff Arana for the first week
6 of December 2018.
7 IV. DISPOSITIVE MOTIONS
8 On Febmary 5,2018, Health Net filed its motion for summary adjudication as to Plaintiffs'
9 regular rate, rounding and derivative PAGA claims. On October 23, 2018, the court affirmed its
10 tentative mling and GRANTED Health Net's motion as to Plaintiffs' rounding and shift differential
11 claims, as well as the related PAGA claims. The court DENIED Health Net's motion as to
12 Plaintiffs' claims that Health Net failed to include "cash in lieu of benefits" and non-discretionary
13 bonuses in the regular rate of pay for determining overtime compensation, as well as the PAGA
14 claims related thereto. Health Net is exploring whether to appeal the Court's ruling.
15 V. CERTIFICATION AND PAGA-RELATED MOTIONS
16 On August 8, 2018, this Court entered a stipulation and order setting the briefing schedule
17 for Plaintiffs' Motion for Class Certification and health Net's affirmative motion as to why the
18 case should not be certified as a class action and/or proceed as a PAGA action, as follows:
19 e December 14, 2018: Deadline for filing opening briefs
20 • Febmary 15, 2019: Deadline for filing opposition briefs
21 o March 15,2019: Deadline for filing reply briefs
22 • April 11,2018: Hearing
23 ///
24 III .
25 III
26 ///
27 ///
28 ///
4124-4115-1256
-2-
DEFENDANT'S CASE MANAGEMENT-CONFERENCE STATEMENT
1 VI. MEDIATION
2 Health Net may be amenable to mediation following the mlings on the above-referenced
3 motions.
4
5 Dated: October 26,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP
6
7 By:
NICHOLAS J. HORTON
8 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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4124-4115-1256
DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
1 PROOF OF SERVICE
2 I am more than eighteen years old and not a party to this action. My business address is
3 Oirick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia
4 95814.
5 On October 26, 2018,1 caused to be served the following document(s):
6 • DEFENDANT'S CASE MANAGEMENT C O N F E R E N C E
STATEMENT
7
8 • (BY PERSONAL SERVICE) By causing to be delivered copies thereof to the
9 following individuals at the following addresses:
10
11 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
12 Kyle R. Nordrehaug
Aparajit Bhowmik Telephone: (858) 551-1223
13 Victoria B. Rivapalacio Facsimile: (858) 551-1232
BLUMENTHAL, NORDREHAUG &
14 BHOMIK norm@bamlawca.com
2255 Calle Clara kvle(a).bamlawca.com
15 La Jolla, CA 92037 AJ@bamlawca.com
16 victoria@bamlawca.com
17
Shaim Setareh Attomeys for Plaintiff Tomas R. Arana
18 H. Scott Leviant
SETAREH LAW GROUP Telephone: (310) 888-7771
19
315 S. Beverly Drive, Suite 315 Facsimile: (310)888-0109
20 Beverly Hills, CA 90212
shaun@setarehlaw.com
21 scott@setarehlaw.com
22
23 1^ (BY MAIL) By placing a tme copy of the foregoing docxmient(s) in a sealed
24 envelope addressed as set forth below. I placed each such envelope for collection and mailing
25 following ordinary business practices. I am readily familiar with this Firm's practice for
26 collection and processing of correspondence for mailing. Under that practice, the correspondence
27 would be deposited with the United States Postal Service on that same day, with postage thereon
28 fially prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested
PROOF OF SERVICE
1 parties in this action by placing tme and correct copies thereof in sealed envelope(s) addressed as
2 follows:
3 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
Kyle R. Nordrehaug
4 Aparajit Bhowmik Telephone: (858) 551-1223
5 Victoria B. Rivapalacio Facsimile: (858)551-1232
BLUMENTHAL, NORDREHAUG &
6 BHOMIK norm@bamlawca.com
2255 Calle Clara kyle@bamlawca.com
7 La Jolla, CA 92037 AJ@bamlawca.com
8 victoria@bamlawca.corh
9
Shaun Setareh Attorneys for Plaintiff Tomas R. Arana
10 H. Scott Leviant
SETAREH LAW GROUP Telephone: (310) 888-7771
11 315 S. Beverly Drive, Suite 315 Facsimile: (310) 888-0109
12 Beverly Hills, CA 90212
shaun@setarehlaw.com
13 scott@,setarehlaw.com
14
15 • (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy
16 of the foregoing document(s) by e-mail transmission from pheath(§orrick.com to the interested
17 parties only as indicated on the below service list at the e-mail addresses set forth on said service
18 list. Said transmission(s) were completed on the aforesaid date at the time stated on declarant's e-
19 mail transmission record. Each such transmission was reported as complete and without error.
20 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC
21 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case
22 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered
23 participants as identified on the Notice of Electronic Filing ("NEF"), including the following:
24 • (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly
25 maintained by UPS, a true copy of the foregoing document(s) in a sealed envelope or package
26 designated by UPS, addressed as set forth on the attached mailing list, with fees for ovemight
27 delivery paid or provided for:
28
PROOF OF SERVICE
1
Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
2 Kyle R. Nordrehaug
3 Aparajit Bhowmik Telephone: (858)551-1223
Victoria B. Rivapalacio Facsimile: (858) 551-1232
4 BLUMENTHAL, NORDREHAUG &
BHOMIK norm@,bamlawca.com
5 2255 Calle Clara kvle@bamlawca.com
La Jolla, CA 92037 AJ@bamlawca.com
6 victoria@bamlawca.com
7
Shaun Setareh Attomeys for Plaintiff Tomas R. Arana
8 H. Scott Leviant
SETAREH LAW GROUP Telephone: (310)888-7771
9 315 S. Beveriy Drive, Suite 315 Facsimile: (310) 888-0109
Beverly Hills, CA 90212
10 shaun@setarehlaw.com
11 scott@setai'eh]aw.com
12
13 I I . (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via
14 facsimile transmission from this Firm's sending facsimile machine, whose telephone number is
15 (916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth
16 on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time
17 stated on the transmission record issued by this Firm's sending facsimile machine. Each such
18 transmission was reported as complete and without error and a transmission report was properly
19 issued by this Firm's sending facsimile machine for each interested party served. A tme copy of
20 each transmission report is attached to the office copy of this proof of service and will be
21 provided upon request.
22 I declare under penalty of perjury under the laws ofthe State of Califomia that the above
23 is true and correct.
24 Executed on October 26, 2018, at Sacramento, Califomia.
25
26 Patricia M. Heath
27
28
PROOF OF SERVICE
Preview
1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong(g),orrick.com FlLE 3/ENDORSEO 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton(g),on-ic]c.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP OCT 2 6 2018 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 By:. M, Rubalcaba Telephone: +1 916 447 9200 Depury Clerk 5 Facsimile: +1 916 329 4900 6 ANNIE H. CHEN (STATE BAR NO. 292032) annie. chen@orrick. com 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 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, ASSIGNED FOR ALL PURPOSES TO JUDGE ALAN G. PERKINS, DEPT. 35 17 DEFENDANT'S CASE MANAGEMENT 18 HEALTH NET OF CALIFORNIA, INC., a CONFERENCE STATEMENT Califomia Corporation; and Does 1 through 50, 19 inclusive, Date: November 9,2018 Time: 10:30 a.m. 20 Defendants. Dept.: 35 21 Complaint Filed: April 5, 2017 FAC Filed: June 29,2017 22 Trial Date: None Set 23 TOIVIAS R. ARANA, on behalf of himself, all 24 others similarly situated, Complaint Filed: August 1,2017 25 Plaintiff, v. 26 HEALTH NET, INC., a Delaware corporation; 27 and DOES 1-50, inclusive. Defendant. 28 4124-4115-1256 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 Defendant Health Net of California, Inc. ("Health Net") submits the following Case 2 Management Conference Statement in advance of the Case Management Conference set for 3 November9, 2018, at 10:30 a.m. 4 I. CASE SUMMARY 5 In this consolidated wage-and-hour class and representative action, Plaintiffs Andrea Spears 6 and Tomas Arana allege that Health Net failed to provide them and putative class members with 7 meal and rest breaks, pay them all hourly wages, properly calculate their regular rate of pay and, 8 derivatively, failed to provide them with accurate wage statements, failed to timely pay them all 9 final wages and engaged unfair competition. Health Net denies that Plaintiffs can meet the 10 requirements to certify a class, that Plaintiffs and the individuals they seek to represent are 11 aggrieved, and that their representative claims are manageable. Health Net also disputes Plaintiffs' 12 claims on the merits. 13 IL WRITTEN DISCOVERY AND DISCOVERY MOTIONS 14 Prior to consolidation, both Plaintiffs propounded written discovery on Health Net, 15 including sets of document requests, special interrogatories, employment law form interrogatories 16 and admission requests. Subsequent to consolidation, both Plaintiff Spears and Plaintiff Arana 17 have propounded additional Special Interrogatories and Requests for Production of Documents. 18 Health Net has responded to each set of discovery. 19 Health Net's responses to Plaintiffs' Spears's discovery requests for payroll and 20 timekeeping data were the subject of a motion to sequence discovery filed by Health Net and a 21 motion to compel filed by Plaintiff Spears. Health Net's motion was denied and Plaintiff Spears's 22 motion was continued pending further meet and confer. After additional meet-and-confer and 23 clarification firom Plaintiff's expert. Health Net was able to figure out a solution to produce 24 anonymized payroll and timekeeping data for the putative class. 25 Plaintiff Arana has sought data conceming the log-on/-off times on the phone system used 26 by putative class members who work in Health Net's contact centers—Plaintiff Arana's Request 27 for Production of Documents No. 3 3. Counsel are in the process of meeting and conferring about 28 this Request and Plaintiff Arana has requested an additional extension to file a motion to compel, 4124-4115-1256 ill , DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 to which Health Net has agreed. 2 m, DEPOSITIONS T 3 Plaintiffs have noticed and completed Health Net's Person Most knowledgeable 4 depositions relating to 36 categories of information. 5 Defendant is noticing depositions of Plaintiff Spears and Plaintiff Arana for the first week 6 of December 2018. 7 IV. DISPOSITIVE MOTIONS 8 On Febmary 5,2018, Health Net filed its motion for summary adjudication as to Plaintiffs' 9 regular rate, rounding and derivative PAGA claims. On October 23, 2018, the court affirmed its 10 tentative mling and GRANTED Health Net's motion as to Plaintiffs' rounding and shift differential 11 claims, as well as the related PAGA claims. The court DENIED Health Net's motion as to 12 Plaintiffs' claims that Health Net failed to include "cash in lieu of benefits" and non-discretionary 13 bonuses in the regular rate of pay for determining overtime compensation, as well as the PAGA 14 claims related thereto. Health Net is exploring whether to appeal the Court's ruling. 15 V. CERTIFICATION AND PAGA-RELATED MOTIONS 16 On August 8, 2018, this Court entered a stipulation and order setting the briefing schedule 17 for Plaintiffs' Motion for Class Certification and health Net's affirmative motion as to why the 18 case should not be certified as a class action and/or proceed as a PAGA action, as follows: 19 e December 14, 2018: Deadline for filing opening briefs 20 • Febmary 15, 2019: Deadline for filing opposition briefs 21 o March 15,2019: Deadline for filing reply briefs 22 • April 11,2018: Hearing 23 /// 24 III . 25 III 26 /// 27 /// 28 /// 4124-4115-1256 -2- DEFENDANT'S CASE MANAGEMENT-CONFERENCE STATEMENT 1 VI. MEDIATION 2 Health Net may be amenable to mediation following the mlings on the above-referenced 3 motions. 4 5 Dated: October 26,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 6 7 By: NICHOLAS J. HORTON 8 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4124-4115-1256 DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT 1 PROOF OF SERVICE 2 I am more than eighteen years old and not a party to this action. My business address is 3 Oirick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia 4 95814. 5 On October 26, 2018,1 caused to be served the following document(s): 6 • DEFENDANT'S CASE MANAGEMENT C O N F E R E N C E STATEMENT 7 8 • (BY PERSONAL SERVICE) By causing to be delivered copies thereof to the 9 following individuals at the following addresses: 10 11 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears 12 Kyle R. Nordrehaug Aparajit Bhowmik Telephone: (858) 551-1223 13 Victoria B. Rivapalacio Facsimile: (858) 551-1232 BLUMENTHAL, NORDREHAUG & 14 BHOMIK norm@bamlawca.com 2255 Calle Clara kvle(a).bamlawca.com 15 La Jolla, CA 92037 AJ@bamlawca.com 16 victoria@bamlawca.com 17 Shaim Setareh Attomeys for Plaintiff Tomas R. Arana 18 H. Scott Leviant SETAREH LAW GROUP Telephone: (310) 888-7771 19 315 S. Beverly Drive, Suite 315 Facsimile: (310)888-0109 20 Beverly Hills, CA 90212 shaun@setarehlaw.com 21 scott@setarehlaw.com 22 23 1^ (BY MAIL) By placing a tme copy of the foregoing docxmient(s) in a sealed 24 envelope addressed as set forth below. I placed each such envelope for collection and mailing 25 following ordinary business practices. I am readily familiar with this Firm's practice for 26 collection and processing of correspondence for mailing. Under that practice, the correspondence 27 would be deposited with the United States Postal Service on that same day, with postage thereon 28 fially prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested PROOF OF SERVICE 1 parties in this action by placing tme and correct copies thereof in sealed envelope(s) addressed as 2 follows: 3 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears Kyle R. Nordrehaug 4 Aparajit Bhowmik Telephone: (858) 551-1223 5 Victoria B. Rivapalacio Facsimile: (858)551-1232 BLUMENTHAL, NORDREHAUG & 6 BHOMIK norm@bamlawca.com 2255 Calle Clara kyle@bamlawca.com 7 La Jolla, CA 92037 AJ@bamlawca.com 8 victoria@bamlawca.corh 9 Shaun Setareh Attorneys for Plaintiff Tomas R. Arana 10 H. Scott Leviant SETAREH LAW GROUP Telephone: (310) 888-7771 11 315 S. Beverly Drive, Suite 315 Facsimile: (310) 888-0109 12 Beverly Hills, CA 90212 shaun@setarehlaw.com 13 scott@,setarehlaw.com 14 15 • (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy 16 of the foregoing document(s) by e-mail transmission from pheath(§orrick.com to the interested 17 parties only as indicated on the below service list at the e-mail addresses set forth on said service 18 list. Said transmission(s) were completed on the aforesaid date at the time stated on declarant's e- 19 mail transmission record. Each such transmission was reported as complete and without error. 20 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC 21 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case 22 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered 23 participants as identified on the Notice of Electronic Filing ("NEF"), including the following: 24 • (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly 25 maintained by UPS, a true copy of the foregoing document(s) in a sealed envelope or package 26 designated by UPS, addressed as set forth on the attached mailing list, with fees for ovemight 27 delivery paid or provided for: 28 PROOF OF SERVICE 1 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears 2 Kyle R. Nordrehaug 3 Aparajit Bhowmik Telephone: (858)551-1223 Victoria B. Rivapalacio Facsimile: (858) 551-1232 4 BLUMENTHAL, NORDREHAUG & BHOMIK norm@,bamlawca.com 5 2255 Calle Clara kvle@bamlawca.com La Jolla, CA 92037 AJ@bamlawca.com 6 victoria@bamlawca.com 7 Shaun Setareh Attomeys for Plaintiff Tomas R. Arana 8 H. Scott Leviant SETAREH LAW GROUP Telephone: (310)888-7771 9 315 S. Beveriy Drive, Suite 315 Facsimile: (310) 888-0109 Beverly Hills, CA 90212 10 shaun@setarehlaw.com 11 scott@setai'eh]aw.com 12 13 I I . (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via 14 facsimile transmission from this Firm's sending facsimile machine, whose telephone number is 15 (916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth 16 on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time 17 stated on the transmission record issued by this Firm's sending facsimile machine. Each such 18 transmission was reported as complete and without error and a transmission report was properly 19 issued by this Firm's sending facsimile machine for each interested party served. A tme copy of 20 each transmission report is attached to the office copy of this proof of service and will be 21 provided upon request. 22 I declare under penalty of perjury under the laws ofthe State of Califomia that the above 23 is true and correct. 24 Executed on October 26, 2018, at Sacramento, Califomia. 25 26 Patricia M. Heath 27 28 PROOF OF SERVICE