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1 TIMOTHY J. LONG (STATE BARNO. 137591) FILED
tjlong@orrick.i:om ENDORSED .
2 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000 •20I8J.AN3O PM 2= i^B
3 Sacramento, C A ; 95814-4497
Telephone: +1 916 447 9200 SUPERIOR COURT OF CALlFOR^JiA
COUNTY ep SACRAKENTQ
4 Facsimile: +1 916 329 4900
5' STEPHANIE GAIL LEE (STATE BAR NO. 285379)
stephanie.lee@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Sfreet, Suite 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsimile: .+1-213-612-2499
9 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
10
II 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 TIMOTHY J.
LONG IN SUPPORT OF DEFENDANT'S
16 V. OPPOSITIONS TO PLAINTIFF'S
MOTIONS TO COMPEL FURTHER
17 HEALTH NET OF CALIFORNIA, INC., a ; RESPONSES TO DOCUMENT
Califomia Corporation; and Does 1 through 50, REQUESTS AND SPECIAL
18 inclusive, INTERROGATORIES; REQUEST FOR
SANCTIONS
19 Defendants.
Date: Febmary 13,2018
20 Time: 9:00 a.m.
Judge: Hon. Christopher E. Krueger
21 Dept.: 54
22 TOMAS R. ARANA, on behalf of himself, all
others similarly situated^ Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
23 Consolidated Complaint Filed: Dec. 21, 2017
Plainfiff,
24 Complaint Filed: August 1,2017
CO V.
25
HEALTH NET OF CALIFORNIA, INC., a
< Califomia corporation; and DOES 1-50,
26
inclusive,
g 2827 Defendant.
cc
O 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 attorney duly admitted to practice before the courts ofthe 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 svvom 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 rio legitimate reason for counsel for Plaintiff Spears to have filed these motions
9 at this time. This is particularly tme given that counseil knew that Judge Perkins in Department 35 .
10 was already scheduled to decide the issues raised .in these motions, we had already provided the
11 data/information sought by counsel or were in the process pf doing so, and we had provided counsel
12 with an extension to file these motions in case Judge Perkins did not ultimately reach all the issues
13 of concem to counsel.
14 3. The attomeys on my team, including me, have spent in excess of ten.(10) hours
15 preparing Health Net's Opposition to the Motion to Compel Further Answers to Special
16 Interrogatories, Set One, and supporting papers. The attomeys on my team, including me, have
17 " spent in excess of ten (10) hours preparing Health Net's Opposition to the'Mdtioh tp Compel
18 Further Answers to Request for Production, Set One, and supporting papers. We anticipate
19 spending two (2) additional hours preparing for and appearing at hearings on these two motions -
20 one hour for each motion. For this work, our flat hourly rate is $572.
21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for
22 the needless work speiit 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 Motiofi to Compel Further Responses to Special Interrogatories.
25 ' III
26 III.
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TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTIIER 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 30th day of January, 2018.
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1 TIMOTHY J. LONG (STATE BARNO. 137591) FILED tjlong@orrick.i:om ENDORSED . 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 •20I8J.AN3O PM 2= i^B 3 Sacramento, C A ; 95814-4497 Telephone: +1 916 447 9200 SUPERIOR COURT OF CALlFOR^JiA COUNTY ep SACRAKENTQ 4 Facsimile: +1 916 329 4900 5' STEPHANIE GAIL LEE (STATE BAR NO. 285379) stephanie.lee@orrick.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Sfreet, Suite 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsimile: .+1-213-612-2499 9 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 10 II 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 TIMOTHY J. LONG IN SUPPORT OF DEFENDANT'S 16 V. OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTHER 17 HEALTH NET OF CALIFORNIA, INC., a ; RESPONSES TO DOCUMENT Califomia Corporation; and Does 1 through 50, REQUESTS AND SPECIAL 18 inclusive, INTERROGATORIES; REQUEST FOR SANCTIONS 19 Defendants. Date: Febmary 13,2018 20 Time: 9:00 a.m. Judge: Hon. Christopher E. Krueger 21 Dept.: 54 22 TOMAS R. ARANA, on behalf of himself, all others similarly situated^ Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 23 Consolidated Complaint Filed: Dec. 21, 2017 Plainfiff, 24 Complaint Filed: August 1,2017 CO V. 25 HEALTH NET OF CALIFORNIA, INC., a < Califomia corporation; and DOES 1-50, 26 inclusive, g 2827 Defendant. cc O 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 attorney duly admitted to practice before the courts ofthe 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 svvom 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 rio legitimate reason for counsel for Plaintiff Spears to have filed these motions 9 at this time. This is particularly tme given that counseil knew that Judge Perkins in Department 35 . 10 was already scheduled to decide the issues raised .in these motions, we had already provided the 11 data/information sought by counsel or were in the process pf doing so, and we had provided counsel 12 with an extension to file these motions in case Judge Perkins did not ultimately reach all the issues 13 of concem to counsel. 14 3. The attomeys on my team, including me, have spent in excess of ten.(10) hours 15 preparing Health Net's Opposition to the Motion to Compel Further Answers to Special 16 Interrogatories, Set One, and supporting papers. The attomeys on my team, including me, have 17 " spent in excess of ten (10) hours preparing Health Net's Opposition to the'Mdtioh tp Compel 18 Further Answers to Request for Production, Set One, and supporting papers. We anticipate 19 spending two (2) additional hours preparing for and appearing at hearings on these two motions - 20 one hour for each motion. For this work, our flat hourly rate is $572. 21 4. We therefore request that the Court sanction Plaintiff Spears' Counsel $6,292 for 22 the needless work speiit 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 Motiofi to Compel Further Responses to Special Interrogatories. 25 ' III 26 III. 27 . 28 -1- • TJL DEC ISO DEFENDANT'S OPPOSITIONS TO PLAINTIFF'S MOTIONS TO COMPEL FURTIIER 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 30th day of January, 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