Case 2:10-cv-09198-JVS -RNB Document 146-2 Filed 03/05/12 Page 1of6 Page ID #:5971

EXHIBIT B

Case 2:10-cv-09198-JVS -RNB Document 146-2 Filed 03/05/12 Page2of6 Page ID #:5972

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 similarly situated,

Plaintiffs, PROPOSED] ORDER RE: CONTACTS ITH CLASS MEMBERS VS.

LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50,

Defendant.

[PROPOSED] ORDER RE: CONTACTS WITH CLASS MEMBERS

WHEREAS, on January495September 27, 2011, the ns entered ine FirstSecond aces seen Protective ee wae No. ;

eormmaunications-with-absent- putative-class-menibers | 03], pertaining to

confidential information produced by the parties;

WHEREAS, counsel for both parties wish to implement a procedure for contacting absent putative class members to protect against putative class members being inappropriately influenced or subjected to harassment;

Accordingly, IT IS HEREBY ORDERED that the terms and conditions of this Order shall govern contact with absent putative class members by Plaintiffs’ counsel, FeyetaLife Insurance Company of the Southwest CLS W”)’s counsel, and those acting on their behalf:

1. Contact Permitted By Both Sides: Plaintiffs’ Counsel, FeyetaLSW’s Counsel, and those acting on their behalf shall be permitted to initiate informal oral

Case 2:10-cv-09198-JVS -RNB Document 146-2 Filed 03/05/12 Page3of6 Page ID #:5973

communications with any putative class member who is not already represented by counsel, regardless of whether their identities are discovered through

FeyetaLSW’s records or otherwise; experienced UA, if the procedures set forth below are followed.

2. Script to Be Read to Putative Class Members: Prior to speaking with putative class members, Plaintiffs’ Counsel, FeyetaLSW’s Counsel, and their representatives shall read a “script,” attached as Exhibit A, that will inform the individual:

a. That litigation has been commenced against FeyetaLSW regarding UAcertain of its equity-indexed universal life policies;

b. That the caller is contacting the individual on behalf of [plaintiffs or FeyotaLSW];

c. That the individual does not have any obligation to speak with the caller; d. That the individual is free to end the conversation at any time;

e. That a toll-free number has been set up to allow class members to opt-out of receiving unsolicited communications concerning this litigation or to report harassment; and

f. [For putative class members whose contact information was gained through PHpersonal identifying information produced by FeyetaLSW in this litigation:] that FeyetaLSW was required to produce the individual’s PHpersonal identifying information by Court order.

3. Toll-Free Line to Report Harassment: The parties shall set up a telfreetoll-free number administered by a neutral third party that putative class members can call to report harassment or to opt-out of receiving unsolicited contact concerning this litigation. The cost of administering the toll-free number shall be shared by the parties.

4, Disclosure of Putative Class Member Contact and Depositions: In the event that either side intends to rely upon testimony from a putative class member in support of their class certification briefing or at trial, the party shall notify the other side of their intent and identify such individual(s) no later than May—,April 30, 2012. The other side will then be permitted to depose such individual(s).

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5. No Contact with Minors: The parties shall not contact any person that they know or reasonably ought to know to be under the age of eighteen at the time that the contact occurs.

6. No Contact with Policvholders Who Are Not Class Members: Plaintiffs shall not contact any LSW policyholder who is nota member of the putative class. For greater certainty, this includes any individual who is an insured but who is not also a policy owner as well as any individual whose policy was issued before September 24, 2006.

7_No Disruption of Business Operations: This Order shall not prevent FeyetaLSW or its dealersagents from acting in the normal course of their business or in any way alter FeyetaLSW’s normal continuing business operations. Nor shall this Order in any way limit FeyetaLSW or FeyetaLSW’s counsel’s ability to communicate with authorized Feyeta-deatersLS W agents or FeyetaLSW. employees and similar persons who are not exclusively customers of FeyetaLSW.

6-8. No Solicitation: The parties shall not contact putative class members for the purpose of soliciting clients to represent in this litigation.

i, Applicability of Other Orders: The F#rstSecond Amended Stipulated Protective Order [Dkt.

627 Lead the Supuited atena Betecte Copp: Personal tdentHieble Information Pit.276}4re103] is hereby amended to the

extent necessary to allow putative class member contact as set forth herein.

IT IS SO ORDERED.

Dated:

James V. Selna United States District Judge

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EXHIBIT A: Telephone Script

Litigation has been commenced against FeyetaLife Insurance Company of the

Southwest, in which plaintiffs allege that Feyeta-andLexus-vehicles-maybe subjectte-unimtended accelerationLS W SecurePlus Paragon and SecurePlus

Provider policies contain inadequate disclosures. I am contacting you on behalf of

(plaintiffs/FeyetaLsS W ].

[For customers contacted as a result of PHpersonal identifving information found in FeyetaLSW’s records:]

Before we speak further, I am required to advise you that, as part of this litigation, FeyetaLSW has been required to provide plaintiffs’ counsel with

oe ie 2 de tee that concern eaeseouae ssairpecarlils

LT lop Bie ; le < ei 1 the-Court-Hewever,Ffeyetayou provided to LSW_ when you applied for your policy or when you purchased your policy. LSW_did not provide any medical records or underwriting materials. All material provided by LSW was subject to a confidentiality order. However, LS W was required to provide these records to plaintiffs’ counsel without removing certain identifying information about you, including your name, address, telephone number, and vehicle identificatienpolicy number.

I am also required to advise you that you do not have any obligation to speak with me and you have a right to end this conversation at any time.

Additionally, if you would like to ensure that you do not receive any further unsolicited contact related to this litigation, or if you would like to report harassing or abusive phone calls, a toll-free line has been set that will allow you to opt out of receiving unsolicited calls concerning this litigation. That number is: 1-800- XXXXXXX.

Are you willing to speak with me concerning your Feyete/Lexus-vehiele LS W policy?

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