Preview
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (State Bar No. 068687)
2 Kyle R. Nordrehaug (State Bar No. 205975)
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Aparajit Bhowmik (State Bar No. 248066)
Piya Mukherjee (State Bar No. 274217)
FlLEO/Er^DOBSED
Victoria B. Rivapalacio (SBN 275115)
4 2255 Calle Clara NOV 25 2019
La Jolla, CA 92037
5 Telephone: (858)551-1223 By: H. Portalanza
Facsimile: (858) 551-1232 • Deputy Clerk
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7 Attorneys for Plaintiff Andrea Spears
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAMENTO
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11 ANDREA SPEARS, an individual, on behalf Consolidated Case No.
of herself and on behalf of all persons 34-2017-00210560-CU-OE-GDS
12 similariy situated.
Plaintiff, CLASS ACTION
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PLAINTIFF ANDREA SPEARS' NOTICE
14 OF MOTION AND MOTION FOR ORDER
HEALTH NET OF CALIFORNIA, INC., a APPROVING CLASS NOTICE;
15 Califomia Corporation; and Does 1 through MEMORANDUM OF POINTS AND
50, inclusive. AUTHORITIES IN SUPPORT OF
16 MOTION FOR ORDER APPROVING
Defendants. GLASS NOTICE
17
TOMAS R. ARANA, on behalf of himself, Judge: Hon. Alan Perkins
18 Dept:
all others similarly situated, 35
19 Hearing Date:
Plaintiff, December 18, 2019
20 Hearing Time: 2:00 p.m.
v.
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HEALTH NET OF CALIFORNIA, INC., a
22 Califomia corporation; and DOES 1-50,
inclusive.
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Defendant.
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25
nn
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PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
Case No. 34-2017-00210560-CU-OE-GDS
1 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
2 Please be advised that on December 18,2019 at 2:00 p.m. in Department 35 ofthe above entitled
3 Court, Plaintiff Andrea Spears will move for an order approving the mailing of a class notice, attached
4 to the accompanying Declaration of Piya Mukherjee as Exhibit 1. This motion will be heard before the
5 Honorable Alan Perkins, Judge ofthe Superior Court ofCalifomia, County of Sacramento.
6 This motion will be made pursuant to Code of Civil Procedure Sections 2031.310 oh the grounds
7 that the said discovery requests are relevant to the subject matter of this action and that Defendant's
8 objections are improper and without merit.
9 Counsel has made a reasonable and good faith effort to informally resolve the issues presented
10 by this motion. Importantly, the Parties have agreed to the terms of a class notice but Defendant
11 has failed to sign a stipulation for approval of the class notice. This motion is, therefore, necessary,
12 to prevent further delays in the mailing of the class notice to the members ofthe certified classes. The
13 motion will be based upon this notice of motion and motion, the memorandum of points and authorities,
14 the separate statement, the declaration of Piya Mukherjee, the lodged exhibits,filedand served herewith,
15 the completefilesand records in this case and such oral and documentary evidence as may be presented
16 at or before the hearing of this motion.
17 Pursuant to Local Rule 1.06(A), the court will make a tentative mling on the merits of this matter
18 by 2:00 p.m., the court day before the hearing. The complete text of the tentative mlings for the
19 department may be downloaded off the court's website. If the party does not have online access, they
20 may call the dedicated phone number for the department as referenced in the local telephone directory
21 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the
22 tentative mling. If you do not call the court and opposing party on the court day before the hearing, no
23 hearing will be held.
24 Dated: November 22, 2018 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
25 LLP
26
'iya Mukherjee
27 -Attomeys for PlamtiffAlsT&REA SPEARS
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PLAINTffF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
-2- CaseNo. 34-2017-00210560-CU-OE-GDS
1 I. INTRODUCTION AND FACTUAL HISTORY
2 This Court granted class certification of (1) All individuals who are or previously were employed
3 by Defendant Health Net of Califomia, Inc. in Califomia and classified as non-exempt and received
4 "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or
5 Wellness Incentive payments during the period of April 05, 2013 and December 31, 2016; and all
6 individuals who are or previously were employed by Health Net in Califomia as non-exempt or houriy
7 employees who manually entered their start time using Health Net's time keeping system during the
8 period of April 05,2013 and October 8,2019 (collectively referred to herein as the "Certified Classes").
9 Following the issuance of the Court's order, on October 31,2019, Plaintiff Spears provided a draft class
10 notice to Defendant. (See Mukherjee Decl.,^] 3; Meet and Confer Correspondence, Exhibit 2'). On
11 November 13, 2019, Defendant provided revisions to the class notice and on November 15, 2019,
12 Plaintiff confirmed that Defendant's revisions were acceptable and asked Defendant to review a
13 stipulation to file with the Court seeking approval of the class notice. (Id. ; Agreed-Upon Class Notice,
14 Exhibit 1). Plaintiff followed up with Defendant regarding the stipulation on November 18, 2019 and
15 November 20, 2019. (Id.). On November 20, 2019, Defendant provided comments regarding the
16 stipulation and agreed to provide revisions as soon as possible. (Id.). As of the date of the filing of this
17 motion, however, further revisions have not been proposed leaving Plaintiff no option but to file this
18 motion. To the extent Defendant provides additional revisions and the stipulation is executed by all
19 parties and filed. Plaintiff will take this motion off calendar.
20 Given that the Parties have agreed to the terms of the class notice (See Agreed-Upon Class
21 Notice, Exhibit 1). Plaintiff respectfully requests that this Court grant this motion.
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All exhibits are attached to the Declaration of Piya Mukherjee, filed and served herewith.
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PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
-3- CaseNo. 34-2017-00210560-CU-OE-GDS
1 II. ARGUMENT
2 A. Notice is Required
3 The Court's order granting class certification triggers Califomia Rules of Court, Rule 3.766. With
4 the exception of declaratory/injimctive relief cases, "class members not named as parties to the action
5 are entitled to due process protection if theirrightsare to be adjudicated therein." At a minimum:
6 (1) They must be given notice of the proceedings, and an opportunity to be heard and
7 participate therein (in person or through counsel);
8 (2) Their interests must be adequately represented by the named plaintiff; and
9 (3) They must be given the opportunity to exclude themselves from the class by executing
10 and retuming an "opt out" fomi. (They need not, however, affirmatively request inclusion to become
11 bound by the class action judgment.) Phillips Petroleum Co. v. Shutts (1985) 472 US 797, 811-812.
12 Philips Petroleum also provides that notice by first class mail is sufficient under these circtmistances.
13 /cf. at 812. This motion and proposed order seeks to comply with these constitutionally required due
14 process requirements andrightsto opt-out from the class action.
15 B. The Court Should. Respectfully. Adopt the Agreed Upon Proposed Notice
16 Plaintiff has successfully met and conferred regarding the content of the proposed notice and the
17 Parties have reached an agreement on the terms of a notice to be sent to the Certified Class
18 Members.
19 Plaintiffs proposed notice complies with the requirements set forth in the Califomia Rules of
20 Court. Califomia Rule of Court, Rule 1856(d), provides as follows:
21 Notice to Class Members
22 (d) The content of the class notice is subject to court approval. If class
members are to be given the right to request exclusion from the class, the
23 notice must include the following:
24 (1) A brief explanation of the case, including the basic contentions
of denials of the parties;
25
(2) A statement that the court will exclude the member from the
26 class if the member so requests by a specified date;
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PLAINTffF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
-4- CaseNo. 34-2017-00210560-CU-OE-GDS
1 (3) A procedure for the member to follow in requesting exclusion
from the class;
2
(4) A statement that the judgment, whether favorable or not, will
3 bind all members who do not request exclusion; and
4 (5) A statement that any member who does not request exclusion
may, if the member so desires, enter an appearance through
5 counsel.
When considering notice, the Court should be guided by the following simple goal:
6
[0]f primary importance is insuring that a particular format provides recipient class
7 members with sufficient information to permit an intelligent decision is language
framing the key elements in the proceedings with both clarity and objectivity. . . the
8 notice should be neutral in tone, and drafters need to strike a proper balance conveying /
the required information in such a way as not to influence the readers' decision to assert
9 a claim.
10 Newberg On Class Actions 4th, §8.31.
11 Plaintiffs proposed notice and notice program meet these requirements.
12 Although the Parties have reached an agreement on the draft notice. Defendant has not agreed to
13 Plaintiffs stipulation. Defendant agreed to provide revisions to the draft stipulation but as of the date
14 of the filing of this motion has failed to do so, leaving Plaintiff no option but to file the instant motion.
15 In addition to the undisclosed revisions. Defendant also claims that the amount of time Plaintiff proposed
16 for Defendant to provide the class list to the third party administrator was not sufficient, but Defendant
17 failed to advise Plaintiff as to how much time Defendant may need to collect and transmit the
18 information.
19
20 III. CONCLUSION
21 In order to prevent further delays, Plaintiff respectfully requests that the Court (1) adopt the
22 agreed upon proposed notice and notice program; (2) appoint ILYM as the Notice Administrator; (3) set
23 a date for Defendant to provide the Contact Information of the class members (in electronic format); and
24 (4) set a deadline for the third party administrator to mail the notices to the Certified Class Members.
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PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
-5- Case No. 34-2017-00210560-CU-OE-GDS
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Respectfully submitted,
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Dated: November 22, 2019 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
3 LLP
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5 'iya Mukherjee
Attomeys for Plaintiff :/ iREA SPEARS
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PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE
-6- Case No. 34-2017-00210560-CU-OE-GDS
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (SBN 068687)
2 Kyle R. Nordrehaug (SBN 205975)
Aparajit Bhowmik (SBN 248066)
3 Piya Mukherjee (SBN 274217)
Victoria B. Rivapalacio (SBN 275115)
4 2255 Calle Clara
La Jolla, CA 92037
5 Telephone: (858) 551-1223
Facsimile: (858) 551-1232
6
Attomeys for Plaintiff Andrea Spears
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SACRAMENTO
11
12
13 ANDREA SPEARS, an individual, on behalf of Consolidated Case No.
herself and on behalf of all persons similarly 34-2017-00210560-CU-OE-GDS
14 situated,
15 Plaintiff, [PROPOSED]ORDER GRANTING
PLAINTIFF ANDREA SPEARS'
16 MOTION FOR ORDER APPROVING
HEALTH NET OF CALIFORNIA, INC., a CLASS NOTICE
17 Califomia Corporation; and Does 1 through 50,
inclusive. Judge: Hon. Alan Perkins
18 Dept: 35
19 Defendants.
Hearing Date: December 18, 2019
Hearing Time: 2:00 p.m.
20 TOMAS R. ARANA, on behalf of himself, all
others similarly situated.
21
22 Plaintiff,
23 V.
24 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
25 inclusive.
26
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[PROPOSED] ORDER
Case No. 34-2017-00210560-CU-OE-GDS
1 IPROPOSED] ORDER
2 Plaintiffs Motion for Order Approving Class Notice was heard on December 18, 2019.
3
The Motion is GRANTED. The Class Notice, attached to the Declaration of Piya Mukherjee as
4
Exhibit 1. is adopted by this Cotirt. The Court appoints ILYM as the Notice Administrator to
5
disseminate the notice and log/report any opt-outs. Defendant must provide ILYM the contact
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7 information for all Certified Class Members by " The class notice
8 mailing must begin on or before .
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IT IS SO ORDERED
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DATED: 2019
13 THE HONORABLE ALAN PERKINS
14 JUDGE OF THE SUPERIOR COURT
COUNTY OF SACRAMNETO .
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[PROPOSED] ORDER
Case No. 34-2017-00210560-CU-OE-GDS
Preview
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (State Bar No. 068687) 2 Kyle R. Nordrehaug (State Bar No. 205975) 3 Aparajit Bhowmik (State Bar No. 248066) Piya Mukherjee (State Bar No. 274217) FlLEO/Er^DOBSED Victoria B. Rivapalacio (SBN 275115) 4 2255 Calle Clara NOV 25 2019 La Jolla, CA 92037 5 Telephone: (858)551-1223 By: H. Portalanza Facsimile: (858) 551-1232 • Deputy Clerk 6 7 Attorneys for Plaintiff Andrea Spears 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. of herself and on behalf of all persons 34-2017-00210560-CU-OE-GDS 12 similariy situated. Plaintiff, CLASS ACTION 13 PLAINTIFF ANDREA SPEARS' NOTICE 14 OF MOTION AND MOTION FOR ORDER HEALTH NET OF CALIFORNIA, INC., a APPROVING CLASS NOTICE; 15 Califomia Corporation; and Does 1 through MEMORANDUM OF POINTS AND 50, inclusive. AUTHORITIES IN SUPPORT OF 16 MOTION FOR ORDER APPROVING Defendants. GLASS NOTICE 17 TOMAS R. ARANA, on behalf of himself, Judge: Hon. Alan Perkins 18 Dept: all others similarly situated, 35 19 Hearing Date: Plaintiff, December 18, 2019 20 Hearing Time: 2:00 p.m. v. 21 HEALTH NET OF CALIFORNIA, INC., a 22 Califomia corporation; and DOES 1-50, inclusive. 23 Defendant. 24 25 nn 26 27 28 PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE Case No. 34-2017-00210560-CU-OE-GDS 1 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 2 Please be advised that on December 18,2019 at 2:00 p.m. in Department 35 ofthe above entitled 3 Court, Plaintiff Andrea Spears will move for an order approving the mailing of a class notice, attached 4 to the accompanying Declaration of Piya Mukherjee as Exhibit 1. This motion will be heard before the 5 Honorable Alan Perkins, Judge ofthe Superior Court ofCalifomia, County of Sacramento. 6 This motion will be made pursuant to Code of Civil Procedure Sections 2031.310 oh the grounds 7 that the said discovery requests are relevant to the subject matter of this action and that Defendant's 8 objections are improper and without merit. 9 Counsel has made a reasonable and good faith effort to informally resolve the issues presented 10 by this motion. Importantly, the Parties have agreed to the terms of a class notice but Defendant 11 has failed to sign a stipulation for approval of the class notice. This motion is, therefore, necessary, 12 to prevent further delays in the mailing of the class notice to the members ofthe certified classes. The 13 motion will be based upon this notice of motion and motion, the memorandum of points and authorities, 14 the separate statement, the declaration of Piya Mukherjee, the lodged exhibits,filedand served herewith, 15 the completefilesand records in this case and such oral and documentary evidence as may be presented 16 at or before the hearing of this motion. 17 Pursuant to Local Rule 1.06(A), the court will make a tentative mling on the merits of this matter 18 by 2:00 p.m., the court day before the hearing. The complete text of the tentative mlings for the 19 department may be downloaded off the court's website. If the party does not have online access, they 20 may call the dedicated phone number for the department as referenced in the local telephone directory 21 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the 22 tentative mling. If you do not call the court and opposing party on the court day before the hearing, no 23 hearing will be held. 24 Dated: November 22, 2018 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW 25 LLP 26 'iya Mukherjee 27 -Attomeys for PlamtiffAlsT&REA SPEARS 28 PLAINTffF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE -2- CaseNo. 34-2017-00210560-CU-OE-GDS 1 I. INTRODUCTION AND FACTUAL HISTORY 2 This Court granted class certification of (1) All individuals who are or previously were employed 3 by Defendant Health Net of Califomia, Inc. in Califomia and classified as non-exempt and received 4 "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or 5 Wellness Incentive payments during the period of April 05, 2013 and December 31, 2016; and all 6 individuals who are or previously were employed by Health Net in Califomia as non-exempt or houriy 7 employees who manually entered their start time using Health Net's time keeping system during the 8 period of April 05,2013 and October 8,2019 (collectively referred to herein as the "Certified Classes"). 9 Following the issuance of the Court's order, on October 31,2019, Plaintiff Spears provided a draft class 10 notice to Defendant. (See Mukherjee Decl.,^] 3; Meet and Confer Correspondence, Exhibit 2'). On 11 November 13, 2019, Defendant provided revisions to the class notice and on November 15, 2019, 12 Plaintiff confirmed that Defendant's revisions were acceptable and asked Defendant to review a 13 stipulation to file with the Court seeking approval of the class notice. (Id. ; Agreed-Upon Class Notice, 14 Exhibit 1). Plaintiff followed up with Defendant regarding the stipulation on November 18, 2019 and 15 November 20, 2019. (Id.). On November 20, 2019, Defendant provided comments regarding the 16 stipulation and agreed to provide revisions as soon as possible. (Id.). As of the date of the filing of this 17 motion, however, further revisions have not been proposed leaving Plaintiff no option but to file this 18 motion. To the extent Defendant provides additional revisions and the stipulation is executed by all 19 parties and filed. Plaintiff will take this motion off calendar. 20 Given that the Parties have agreed to the terms of the class notice (See Agreed-Upon Class 21 Notice, Exhibit 1). Plaintiff respectfully requests that this Court grant this motion. 22 23 24 25 26 27 All exhibits are attached to the Declaration of Piya Mukherjee, filed and served herewith. 28 PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE -3- CaseNo. 34-2017-00210560-CU-OE-GDS 1 II. ARGUMENT 2 A. Notice is Required 3 The Court's order granting class certification triggers Califomia Rules of Court, Rule 3.766. With 4 the exception of declaratory/injimctive relief cases, "class members not named as parties to the action 5 are entitled to due process protection if theirrightsare to be adjudicated therein." At a minimum: 6 (1) They must be given notice of the proceedings, and an opportunity to be heard and 7 participate therein (in person or through counsel); 8 (2) Their interests must be adequately represented by the named plaintiff; and 9 (3) They must be given the opportunity to exclude themselves from the class by executing 10 and retuming an "opt out" fomi. (They need not, however, affirmatively request inclusion to become 11 bound by the class action judgment.) Phillips Petroleum Co. v. Shutts (1985) 472 US 797, 811-812. 12 Philips Petroleum also provides that notice by first class mail is sufficient under these circtmistances. 13 /cf. at 812. This motion and proposed order seeks to comply with these constitutionally required due 14 process requirements andrightsto opt-out from the class action. 15 B. The Court Should. Respectfully. Adopt the Agreed Upon Proposed Notice 16 Plaintiff has successfully met and conferred regarding the content of the proposed notice and the 17 Parties have reached an agreement on the terms of a notice to be sent to the Certified Class 18 Members. 19 Plaintiffs proposed notice complies with the requirements set forth in the Califomia Rules of 20 Court. Califomia Rule of Court, Rule 1856(d), provides as follows: 21 Notice to Class Members 22 (d) The content of the class notice is subject to court approval. If class members are to be given the right to request exclusion from the class, the 23 notice must include the following: 24 (1) A brief explanation of the case, including the basic contentions of denials of the parties; 25 (2) A statement that the court will exclude the member from the 26 class if the member so requests by a specified date; 27 28 PLAINTffF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE -4- CaseNo. 34-2017-00210560-CU-OE-GDS 1 (3) A procedure for the member to follow in requesting exclusion from the class; 2 (4) A statement that the judgment, whether favorable or not, will 3 bind all members who do not request exclusion; and 4 (5) A statement that any member who does not request exclusion may, if the member so desires, enter an appearance through 5 counsel. When considering notice, the Court should be guided by the following simple goal: 6 [0]f primary importance is insuring that a particular format provides recipient class 7 members with sufficient information to permit an intelligent decision is language framing the key elements in the proceedings with both clarity and objectivity. . . the 8 notice should be neutral in tone, and drafters need to strike a proper balance conveying / the required information in such a way as not to influence the readers' decision to assert 9 a claim. 10 Newberg On Class Actions 4th, §8.31. 11 Plaintiffs proposed notice and notice program meet these requirements. 12 Although the Parties have reached an agreement on the draft notice. Defendant has not agreed to 13 Plaintiffs stipulation. Defendant agreed to provide revisions to the draft stipulation but as of the date 14 of the filing of this motion has failed to do so, leaving Plaintiff no option but to file the instant motion. 15 In addition to the undisclosed revisions. Defendant also claims that the amount of time Plaintiff proposed 16 for Defendant to provide the class list to the third party administrator was not sufficient, but Defendant 17 failed to advise Plaintiff as to how much time Defendant may need to collect and transmit the 18 information. 19 20 III. CONCLUSION 21 In order to prevent further delays, Plaintiff respectfully requests that the Court (1) adopt the 22 agreed upon proposed notice and notice program; (2) appoint ILYM as the Notice Administrator; (3) set 23 a date for Defendant to provide the Contact Information of the class members (in electronic format); and 24 (4) set a deadline for the third party administrator to mail the notices to the Certified Class Members. 25 26 27 28 PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE -5- Case No. 34-2017-00210560-CU-OE-GDS 1 Respectfully submitted, 2 Dated: November 22, 2019 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW 3 LLP 4 5 'iya Mukherjee Attomeys for Plaintiff :/ iREA SPEARS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF ANDREA SPEARS' MOTION FOR ORDER APPROVING CLASS NOTICE -6- Case No. 34-2017-00210560-CU-OE-GDS 1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (SBN 068687) 2 Kyle R. Nordrehaug (SBN 205975) Aparajit Bhowmik (SBN 248066) 3 Piya Mukherjee (SBN 274217) Victoria B. Rivapalacio (SBN 275115) 4 2255 Calle Clara La Jolla, CA 92037 5 Telephone: (858) 551-1223 Facsimile: (858) 551-1232 6 Attomeys for Plaintiff Andrea Spears 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SACRAMENTO 11 12 13 ANDREA SPEARS, an individual, on behalf of Consolidated Case No. herself and on behalf of all persons similarly 34-2017-00210560-CU-OE-GDS 14 situated, 15 Plaintiff, [PROPOSED]ORDER GRANTING PLAINTIFF ANDREA SPEARS' 16 MOTION FOR ORDER APPROVING HEALTH NET OF CALIFORNIA, INC., a CLASS NOTICE 17 Califomia Corporation; and Does 1 through 50, inclusive. Judge: Hon. Alan Perkins 18 Dept: 35 19 Defendants. Hearing Date: December 18, 2019 Hearing Time: 2:00 p.m. 20 TOMAS R. ARANA, on behalf of himself, all others similarly situated. 21 22 Plaintiff, 23 V. 24 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 25 inclusive. 26 27 28 [PROPOSED] ORDER Case No. 34-2017-00210560-CU-OE-GDS 1 IPROPOSED] ORDER 2 Plaintiffs Motion for Order Approving Class Notice was heard on December 18, 2019. 3 The Motion is GRANTED. The Class Notice, attached to the Declaration of Piya Mukherjee as 4 Exhibit 1. is adopted by this Cotirt. The Court appoints ILYM as the Notice Administrator to 5 disseminate the notice and log/report any opt-outs. Defendant must provide ILYM the contact 6 7 information for all Certified Class Members by " The class notice 8 mailing must begin on or before . 9 10 IT IS SO ORDERED 11 12 DATED: 2019 13 THE HONORABLE ALAN PERKINS 14 JUDGE OF THE SUPERIOR COURT COUNTY OF SACRAMNETO . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER Case No. 34-2017-00210560-CU-OE-GDS