Case 2:10-cv-09198-JVS -RNB Document 163-1 Filed 03/12/12 Page2of4 Page ID

#:6853

' CEI

UNITED STATES DISTRICT [eH a

WESTERN DIVISION

JOYCE WALKER, ET AL.,

PLAINTIFFS,

CASE NO. CV 10-9198-JVS (RNBX) SANTA ANA, CALIFORNIA AUGUST 30, 2011

VS.

LIFE INSURANCE COMPANY

OF THE SOUTHWEST, (9:59 A.M. TO 11:49 A.M.) (2:14 P.M. TO 2:17 P.M.) (4:44 P.M. TO 5:45 P.M.)

DEFENDANT .

‘ se es ee ee ee es ee

DISCOVERY CONFERENCE

BEFORE THE HONORABLE ROBERT N. BLOCK UNITED STATES MAGISTRATE JUDGE

APPEARANCES : SEE NEXT PAGE

COURT REPORTER: RECORDED; COURT SMART COURTROOM DEPUTY: JOE ROPER TRANSCRIBER: DOROTHY BABYKIN

COURTHOUSE SERVICES

1218 VALEBROOK PLACE GLENDORA, CALIFORNIA 91740 (626) 963-0566

PROCEEDINGS RECORDED BY ELECTRONIC SOUND RECORDING; TRANSCRIPT PRODUCED BY TRANSCRIPTION SERVICE.

Case 2:10-cv-09198-JVS -RNB Document 163-1 Filed 03/12/12 Page3of4 Page ID #:6854

MR. SHAPIRO: THAT MAKES SENSE, YOUR HONOR. ‘THANK YOU.

MR. FOSTER: THANK YOU.

THE CLERK: THIS COURT IS IN RECESS.

(RECESS, 11:39 A.M. TO 2:14 P.M.)

THE CLERK: PLEASE REMAIN SEATED AND AGAIN COME TO ORDER. THIS COURT IS ONCE AGAIN IN SESSION. THE HONORABLE

MAGISTRATE JUDGE ROBERT N. BLOCK PRESIDING.

THE COURT: ALL RIGHT. BACK ON THE RECORD.

WHO WANTS TO TALK?

MR. SHAPIRO: IF I MAY, YOUR HONOR, WE HAVE CONTINUED OUR DISCUSSIONS ON THE SOFTWARE ISSUE, WHICH IS EMBRACED BY PLAINTIFFS’ REQUEST NUMBER 63. THE PARTIES HAVE REACHED AN AGREEMENT AS TO AN ALTERNATIVE DISCOVERY REQUEST -- FUNCTIONAL EQUIVALENT OF AN INTERROGATORY WITH A COUPLE OF SUBPARTS.

AND IF IT’S OKAY WITH YOUR HONOR, WE’D LIKE TO BE ABLE TO PUT THE -- THAT PROSE ON THE RECORD.

IN EXCHANGE THE PLAINTIFFS HAVE AGREED WITHOUT PREJUDICE TO WITHDRAW REQUEST NUMBER 63.

THE COURT: OKAY. LET’S HEAR IT.

MR. FOSTER: YOUR HONOR, AS MR. SHAPIRO HAS INDICATED, THE PLAINTIFFS WILL WITHDRAW REQUEST NUMBER 63 WITHOUT PREJUDICE IN EXCHANGE FOR LSW’S PRODUCTION WITHIN TWO WEEKS OF, FIRST, AN EXPLANATION OF THE DERIVATION OF THE

ACCUMULATED VALUES SET FORTH ON ONE ANNUAL STATEMENT FOR EACH

Case 2:10-cv-09198-JVS -RNB Document 163-1 Filed 03/12/12 Page4of4 Page ID #:6855

NAMED PLAINTIFF. THE SPECIFIC ANNUAL STATEMENT TO BE SPECIFIED BY PLAINTIFFS NO LATER THAN THE CLOSE OF BUSINESS TOMORROW, INCLUDING DESCRIPTION OF ANY FORMULAS USED TO DERIVE SUCH ACCUMULATED VALUES.

SECOND, AN EXPLANATION OF THE DERIVATION OF THE

SURRENDER VALUES CALCULATED FOR PLAINTIFF WALKER AND PLAINTIFF

SPOONER, INCLUDING DESCRIPTION OF ANY FORMULAS USED TO DERIVE SUCH SURRENDER VALUES.

THIRD, AN EXPLANATION OF THE DERIVATION OF THE ACCUMULATED VALUE AS OF TODAY'S DATE FOR PLAINTIFF HOWLETT, INCLUDING DESCRIPTION OF ANY FORMULAS USED TO DERIVE SUCH ACCUMULATED VALUES.

AND, FOURTH, ALL DATA INPUT FILES FROM WHICH VALUES USED IN THE CALCULATIONS OF NUMBERS 1 THROUGH 3 ABOVE WERE DRAWN, E.G., COST OF INSURANCE TABLES.

THE COURT: SO, MR. SHAPIRO, HAS MR. FOSTER ACCURATELY RECITED WHAT LSW HAS AGREED TO DO?

MR. SHAPIRO: YES, THOSE ARE THE INTERROGATORIES.

THE COURT: ALL RIGHT. AND YOU’RE GOING TO DO THAT WITHIN TWO WEEKS?

MR. SHAPIRO: YES.

THE COURT: THAT'S THE AGREEMENT. ALL RIGHT.

THE COURT ORDERS LSW TO COMPLY WITH ITS AGREEMENT.

IF THE PARTIES -- YOU KNOW, IT’S BEEN RECITED ON THE

RECORD. IT'S BREN RECORDED. IF THE PARTIES WANT SOMETHING