RES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 ITZ, BENSON, TC SAN FRANCISCO, CALIFORNIA 94114 Case 2:10-cv-09198-JVS -RNB Document 158-1 #:6308 i no) oA oo Filed 03/07/12 Page 1of3 Page ID KASOWITZ, BENSON, TORRES & FRIEDMAN LLP CHARLES N. FREIBERG (SBN 70890) BRIAN P. BROSNAHAN (SBN 112894) JACOB N. FOSTER (SBN 250785) 101 California Street, Suite 2300 San Francisco, California 94111 Telephone: (415) 421-6140 Facsimile: (415) 398-5030 LEVINE & MILLER HARVEY R. LEVINE (SBN 61879) CRAIG A. MILLER (SBN 116030) LEVINE & MILLER 550 West C Street, Suite 1810 San Diego, CA 92101-8596 Telephone: (619) 231-9449 Facsimile: (619) 231-8638 Attorneys for Plaintiffs JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated, Plaintiffs, V. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, Defendant. CLASS ACTION CASE NO.: CV 10-9198 JVS (RNBx) Formerly Case No.: 3:10-cv -04852 JSW from Northern District of California PLAINTIFFS JOYCE WALKER, KIM BRUCE HOWLETT, AND MURIEL SPOONER’S NINTH SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST Hon. James V. Selna 10C Judge: Courtroom: Ninth Set of Requests for Production of Documents ase No. CV 10-9198 JVS (RNBx) KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94114 Case 2:10-cv-09198-JVS -RNB Document 158-1 Filed 03/07/12 Page2of3 Page ID #:6309 PLAINTIFFS JOYCE WALKER, KIM BRUCE HOWLETT, AND MURIEL SPOONER’S NINTH SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST Pursuant to Rule 34 of the Federal Rules of Civil Procedure, plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (“Plaintiffs”) hereby request that defendant Life Insurance Company of the Southwest respond in writing in the manner and within the time required by Rule 34 and produce the documents and other tangible things described below for inspection and copying at the law offices of Kasowitz, Benson, Torres & Friedman LLP, 101 California Street, Suite 2300, San Francisco, California 94111, thirty (30) days from service hereof. DEFINITIONS 1. “YOU,” “YOUR,” or “LSW” means, without limitation, defendant Life Insurance Company of the Southwest and also includes the predecessors, successors, parents, affiliates, divisions, area or regional offices, managing agents, directors, officers, employees, attorneys, or any representatives of defendant Life Insurance Company of the Southwest. 2. “DOCUMENT?” includes, without limitation, documents, electronically stored information, and tangible things as described in Rule 34(a)(1)(A)-(B) of the Federal Rules of Civil Procedure. 3. “COMMUNICATION?” means any contact, transmission, or exchange of information between two or more persons, orally, in writing, or electronically, including, without limitations, any conversation or discussion whether by chance or prearranged, formal or informal, face to face, by telephone, fax, electronic, or other media. 4. “LSW POLICYHOLDER” means any owner or former owner of indexed universal life insurance policies sold or marketed by LSW in California from 2004 to the present, including but not limited to the SecurePlus Provider policy and the SecurePlus Paragon policy. Ds “PLAINTIFFS’ LETTER” means a letter sent by Brian Brosnahan to LS W POLICYHOLDERS. An example of PLAINTIFFS’ LETTER is attached hereto as Exhibit A. PLAINTIFFS LETTER expressly includes, but is not limited to, any copy of Exhibit A sent to a different addressee and/or sent on a different date. 6. “LES W’S LETTER” means a letter sent by Ruth B. Smith or any other Ninth Set of Requests for Production of Documents Case No. CV 10-9198 JVS (RNBx) 1 BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111 KASOWITZ, Case 2:10-cv-09198-JVS -RNB Document 158-1 Filed 03/07/12 Page3of3 Page ID #:6310 bBo ee was representative acting on behalf of LSW to LSW POLICYHOLDERS regarding PLAINTIFFS’ LETTER. An example of LSW’°S LETTER is attached hereto as Exhibit B. LSW’S LETTER expressly includes, but is not limited to, any copy of Exhibit B sent to a different addressee and/or sent on a different date. re All of the terms defined above have the same meanings in the plural as they have in the singular. INSTRUCTIONS L To the extent that you refuse to produce any DOCUMENT requested by Plaintiffs on the ground that the DOCUMENT is protected from discovery by the work product doctrine, the attorney-client privilege, or any other privilege or doctrine, provide a log identifying the DOCUMENT (by stating its subject, title, date, author or signatory, and recipient or recipients) and stating the privilege or privileges claimed, in accordance with Rule 26(b)(5)(A) and any stipulations of the parties governing discovery. 2 If YOU do not have within your possession, custody or contro! any DOCUMENTS responsive to a particular Request, YOUR response to that Request should so state. Ninth Set of Requests for Production of Documents Case No. CV 10-9198 JVS (RNBx) 2