Case 2:10-cv-09198-JVS -RNB Document 130 Filed 02/27/12 Page 1of4 Page ID #:4612
JONATHAN A. SHAPIRO (257199)
WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road
Palo Alto, CA 94304
Tel: (650) 858-6101
Fax: (650) 858-6100
jonathan.shapiro @ wilmerhale.com
ANDREA J. ROBINSON (PRO HAC VICE) TIMOTHY J. PERLA (PRO HAC VICE) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street
Boston, MA 02109
Tel: (617) 526-6000
Fax: (617) 526-5000
andrea.robinson @ wilmerhale.com timothy.perla @ wilmerhale.com
Attorneys for Defendant Life Insurance Company of the Southwest
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION JOYCE WALKER, KIM BRUCE Case No.: 10-09198 JVS(RNBx) HOWLETT, and MURIEL SPOONER on behalf of themselves and all others NOTICE OF MOTION AND MOTION similarly situated, FOR PROTECTIVE ORDER AND TO COMPEL RESPONSES TO Plaintiffs, DEPOSITION QUESTIONS VS. Magistrate Judge Robert N. Block LIFE INSURANCE COMPANY OF Date: March 20, 2012 THE SOUTHWEST, a Texas Time: 9:30 a.m. corporation, and DOES 1-50, Courtroom: 6D Defendant. Discovery Cut-off Date: Nov. 5, 2012 Pretrial Conference Date: Jan. 14, 2013 Trial Date: Jan. 22, 2013
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER AND TO COMPEL RESPONSES TO DEPOSITION
QUESTIONS, 10-09198 JVS(RNBx)
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Case 2:10-cv-09198-JVS -RNB Document 130 Filed 02/27/12 Page 2of4 Page ID #:4613
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER - AND TO COMPEL RESPONSES TO DEPOSITION QUESTIONS ~
TO THE COURT, PLAINTIFFS, AND ALL COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on March 20, 2012, or as soon thereafter as the matter may be heard, in Courtroom 6D, located at 411 West Fourth Street, Santa Ana, California, 92701, Defendant Life Insurance Company of the Southwest (“LSW’’) will, and hereby does, move the Court for a protective order regarding certain deposition topics designated by the Plaintiffs under Fed. R. Civ. Proc. 30(b)(6) and for an order compelling responses by Plaintiff Joyce Walker to certain deposition questions as well as reasonable follow-up inquiries.
Specifically, and as set forth in greater detail in the accompanying Joint Stipulation:
1. LSW respectfully requests that the Court enter a protective order that: (1) LSW need not prepare a corporate designee to testify about Deposition Topics No. 6, 11, 23, 24, 26, 28, 29, 32, 33, 35, and 38, except insofar as is necessary to testify about other, properly designated topics; and that the (ii) the scope of Deposition Topics No. 12 and 36 be limited as set forth in the Proposed Order and Joint Stipulation of Points and Authorities attached to this Motion. LSW has agreed to produce witnesses or an agreed-upon stipulation on 26 topics (and on a portion of another three topics). But many others are entirely irrelevant to this case — indeed, Plaintiffs seek a deposition on several topics that this Court has already ruled are not relevant to the claims or defenses of any party in this litigation or reasonably calculated to lead to the discovery of admissible evidence. LSW promptly objected to these topics, but for the most part Plaintiffs have indicated that they are unwilling to substantively limit or compromise any of their proposed topics. Accordingly, LSW now seeks a protective order to prevent such questioning.
2. LSW respectfully requests that the Court enter an order requiring that plaintiff Joyce Walker be re-deposed, live and in-person. The subjects of Ms. Walker’s deposition would be the
2.
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER AND TO COMPEL RESPONSES TO DEPOSITION QUESTIONS, 10-09198 JVS(RNBx)
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Case 2:10-cv-09198-JVS -RNB Document 130 Filed 02/27/12 Page3of4 Page ID #:4614
following subject areas: (i) Her role as a class representative; (ii) her pre-litigation complaint to the California Department of Insurance; and (iii) her income as an Emotional Freedom Technique (“EFT’’) practitioner, including, specifically and without limitation, the reporting or non-reporting of EFT income to tax authorities. In addition, LSW asks that Ms. Walker be ordered to answer certain specific questions (and reasonable follow-up inquiries thereto) that her lawyer instructed her not to answer at her deposition. Finally, LSW asks that Plaintiffs be ordered to pay LSW’s reasonable expenses
connected with reconvening the deposition, including attorneys’ fees and travel costs.
This Motion is made following several conferences between counsel pursuant to Local Rule 7-3 and 37-1.
This Motion is supported by the accompanying Joint Stipulation of Points and Authorities, a Proposed Order, the Declaration of Jonathan Shapiro and supporting Exhibits, and such other evidence
or argument as may be presented at or before the hearing.
Respectfully submitted,
WILMER CUTLER PICKERING HALE AND DORR LLP
By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro (257199)
Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice)
Attorneys for Defendant Life Insurance Company of the Southwest
7 NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER AND TO COMPEL RESPONSES TO DEPOSITION QUESTIONS, 10-09198 JVS(RNBx)
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PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a 3 een to the within action. My business address is Wilmer Cutler Pickering Hale and Dorr LP, 950 Page Mill Road, Palo Alto, CA 94304. On February 27, 2012 I served the within 4 || document(s): 5 NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER AND TO COMPEL PRODUCTION OF DOCUMENTS 6 I placed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, CA 7 addressed as set forth below. | I personally caused to be emailed the document(s) listed above to the 8 person(s) at the address(es) set forth below. I electronically filed the document(s) listed above via the CM/ECF 10 system. 11 12 Charles N. Freiberg KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 13 101 California Street, Suite 2300 14 San Francisco, CA 94111 cfreiberg @ kasowitz.com 15 16 Harvey R. Levine LEVINE & MILLER iy 550 West C. Street, Suite 1810 18 San Diego, CA 92101-8596 Ismh @levinelaw.com 19 20 21 /s/ Jonathan A. Shapiro Jonathan A. Shapiro 22 23 24 25 26 pai
afi 28 NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER AND TO COMPEL RESPONSES TO DEPOSITION QUESTIONS, 10-09198 JVS(RNBx)