On April 05, 2017 a
Motion-Secondary
was filed
involving a dispute between
All Others Similarly Situated,
Arana, Tomas R.,
On Behalf Of Herself And On Behalf Of All Persons Similarly Situated,
Spears, Andrea,
and
Does 1-50,
Health Net Of California Inc,
for (Other Employment Complaint Case)
in the District Court of Sacramento County.
Preview
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
3
nhorton@orrick.com
AVALON JOHNSON FITZGERALD (STATE BAR Fl LED/ENDORSED
NO. 288167)
4 afitzgerald@orrick.com FEB 15 2019
ORRICK, HERRINGTON & SUTCLIFFE LLP •
5 400 Capitol Mall, Suite 3000
By:. lyi. Rubalcaba
Sacramento, CA 95814-4497 Deputy ClerV
6 Telephone: +1 916 447 8299
Facsimile: +1 916 329 4900
7
Attorneys for Defendant
8 HEALTH NET OF CALIFORNIA, INC.
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
12 of herself and on behalf of all persons CU-OE-GDS
similarly situated,
13 Plaintiff, DECLARATION OF WILL MONTES IN
14 SUPPORT OF DEFENDANT HEALTH
NET OF CALIFORNIA., INC.'S
15 OPPOSITION TO PLAINTIFFS'
HEALTH NET OF CALIFORNIA, INC., a MOTION FOR CLASS
Califomia Coiporation; and Does 1 thiough CERTIFICATION
16 50, inclusive,
-JDate; April 11,2019
17 Defendants. Time: 10:00 a.m.
Dept: 35
18 Judge: Hon. Alan G. Perkins
19 Complamt Filed: April 5,2017
FAC Filed: June 29, 2017
20
21 TOMAS R. ARANA, on behalf of himself, all
Complaint Filed: August I , 2017
others similarly situated. Consolidated Complaint Filed: Dec. 21, 2017
22
Plaintiff,
23
24
HEALTH NET OF CALIFORNL\, INC., a
25 California corporation; and DOES 1 -50,
inclusive,
26
Defendant.
27
28
DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
1 DECLARATION OF WILL MONTES
2 I, Will Montes, declare as follows:
3 1. I am the Senior Director of Member and Provider Sei-vices and Solutions for
4 Health Net of California, Inc. ("HNCA"). I have been in my current role for one year. I work out
5 of HNCA's 11031 Sun Center Drive, Rancho Cordova, California location. Prior to servmg in
6 my cunent role as the Senior Director of Member and Provider Services and Solutions, I served
7 as an Operations Director for HNCA for seven years. In those two roles combined, I have eight
8 years* experience in managing HNCA's call center operations.
9 2. I am familiar with the Customer Service Representative role at HNCA's Rancho
10 Cordova location. Cynthia Martel worked as a Customer Service Representative from March
11 2010 to February 2018.
12 3. Customer Service Representatives have a phone at their workstations for the sole
13 putpose of answering customer calls. Each phone is equipped with an automatic call distributor
14-: system ("ACD"), which is ah industry teitn for customer call switches. During the time
15 Ms. Martel worked at HNCA, tlie company used two different ACD systems—Rockwell and
16 Aspect. Starting in approximately late 2016 to 2017, HNCA began to phase out the Rockwell
17 ACD and began to migrate departments over to the Aspect system. Customer Services
18 Representatives log into and out of these phone systems for the sole purpose of letting the ACD
19 systems know that the phone line is ready to accept a customer call. These systems are not
20 connected to the payroll timekeeping system.
21 4. Customer Service Representatives recorded their time worked for payroll in two
22 ways duruig the time Ms. Martel worked at HNCA. From the start of Ms. Martel's employment
23 with HNCA in March 2010 through December 2016, Customer Service Representatives recoided
24 their time on a computer prograni by manually typing in their time. I believe that this program
-25 was called PeopleSoft. From January 2017 through the present. Customer Service
26 Representatives have recorded their time electronically using a computer progiam called
27 EMPCenter. Timekeeping through EMPCenter is also entered on the computer and does not
28 involve the use of the employee's desktop phone.
-2-
DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSmON TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
1 5. Customer Service Representatives did not, and have never been able to, record
2 their time using their phones. The ACD systems—^Rockwell and Aspect—have never
3 communicated or integrated with HNCA's payroll systems. HNCA has never used ACD systems
4 as a measurement or indicator of time worked by its employees.
5 I declare under penalty of perjuiy under the laws ofthe State of California that the
6 foregoing is true and correct.
7 Executed this / ^ th day of February, 2019, at Sacramento, Califomia.
8
9 r Will Montes
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4128-5846-6074.1
DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSmON TO PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION
Document Filed Date
February 15, 2019
Case Filing Date
April 05, 2017
Category
(Other Employment Complaint Case)
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) 3 nhorton@orrick.com AVALON JOHNSON FITZGERALD (STATE BAR Fl LED/ENDORSED NO. 288167) 4 afitzgerald@orrick.com FEB 15 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP • 5 400 Capitol Mall, Suite 3000 By:. lyi. Rubalcaba Sacramento, CA 95814-4497 Deputy ClerV 6 Telephone: +1 916 447 8299 Facsimile: +1 916 329 4900 7 Attorneys for Defendant 8 HEALTH NET OF CALIFORNIA, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 12 of herself and on behalf of all persons CU-OE-GDS similarly situated, 13 Plaintiff, DECLARATION OF WILL MONTES IN 14 SUPPORT OF DEFENDANT HEALTH NET OF CALIFORNIA., INC.'S 15 OPPOSITION TO PLAINTIFFS' HEALTH NET OF CALIFORNIA, INC., a MOTION FOR CLASS Califomia Coiporation; and Does 1 thiough CERTIFICATION 16 50, inclusive, -JDate; April 11,2019 17 Defendants. Time: 10:00 a.m. Dept: 35 18 Judge: Hon. Alan G. Perkins 19 Complamt Filed: April 5,2017 FAC Filed: June 29, 2017 20 21 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August I , 2017 others similarly situated. Consolidated Complaint Filed: Dec. 21, 2017 22 Plaintiff, 23 24 HEALTH NET OF CALIFORNL\, INC., a 25 California corporation; and DOES 1 -50, inclusive, 26 Defendant. 27 28 DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 1 DECLARATION OF WILL MONTES 2 I, Will Montes, declare as follows: 3 1. I am the Senior Director of Member and Provider Sei-vices and Solutions for 4 Health Net of California, Inc. ("HNCA"). I have been in my current role for one year. I work out 5 of HNCA's 11031 Sun Center Drive, Rancho Cordova, California location. Prior to servmg in 6 my cunent role as the Senior Director of Member and Provider Services and Solutions, I served 7 as an Operations Director for HNCA for seven years. In those two roles combined, I have eight 8 years* experience in managing HNCA's call center operations. 9 2. I am familiar with the Customer Service Representative role at HNCA's Rancho 10 Cordova location. Cynthia Martel worked as a Customer Service Representative from March 11 2010 to February 2018. 12 3. Customer Service Representatives have a phone at their workstations for the sole 13 putpose of answering customer calls. Each phone is equipped with an automatic call distributor 14-: system ("ACD"), which is ah industry teitn for customer call switches. During the time 15 Ms. Martel worked at HNCA, tlie company used two different ACD systems—Rockwell and 16 Aspect. Starting in approximately late 2016 to 2017, HNCA began to phase out the Rockwell 17 ACD and began to migrate departments over to the Aspect system. Customer Services 18 Representatives log into and out of these phone systems for the sole purpose of letting the ACD 19 systems know that the phone line is ready to accept a customer call. These systems are not 20 connected to the payroll timekeeping system. 21 4. Customer Service Representatives recorded their time worked for payroll in two 22 ways duruig the time Ms. Martel worked at HNCA. From the start of Ms. Martel's employment 23 with HNCA in March 2010 through December 2016, Customer Service Representatives recoided 24 their time on a computer prograni by manually typing in their time. I believe that this program -25 was called PeopleSoft. From January 2017 through the present. Customer Service 26 Representatives have recorded their time electronically using a computer progiam called 27 EMPCenter. Timekeeping through EMPCenter is also entered on the computer and does not 28 involve the use of the employee's desktop phone. -2- DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSmON TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 1 5. Customer Service Representatives did not, and have never been able to, record 2 their time using their phones. The ACD systems—^Rockwell and Aspect—have never 3 communicated or integrated with HNCA's payroll systems. HNCA has never used ACD systems 4 as a measurement or indicator of time worked by its employees. 5 I declare under penalty of perjuiy under the laws ofthe State of California that the 6 foregoing is true and correct. 7 Executed this / ^ th day of February, 2019, at Sacramento, Califomia. 8 9 r Will Montes 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4128-5846-6074.1 DECLARATION OF WILL MONTES IN SUPPORT OF DEFENDANT'S OPPOSmON TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION