Case 2:10-cv-09198-JVS -RNB Document 174 _ Filed 03/23/12 Page 1of4 Page ID
#:7407

JONATHAN A. SHAPIRO (257199)

WILMER CUTLER PICKERING HALE AND DORR LLP
950 Page Mill Road

Palo Alto, CA 94304

Tel: (e203 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: er; 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

JOYCE WALKER, KIM BRUCE
HOWLETT, and MURIEL SPOONER, on

behalf of themselves and all others CASE NO.: CV 10-9198 JVS (RNBx)

similarly situated, LIFE INSURANCE COMPANY OF
ake THE SOUTHWEST’S
Plaintiffs, SUPPLEMENTAL FILING IN
SUPPORT OF ITS EX PARTE
V. APPLICATION FOR ENTRY OF

LIFE INSURANCE COMPANY OF THE mur ae Caste

SOUTHWEST, a Texas corporation,

Judge: Hon. James V. Selna
Defendant. Courtroom: 10C

LIFE INSURANCE COMPANY OF THE SOUTHWEST’S SUPPLEMENTAL FILING IN SUPPORT
OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH
PUTATIVE CLASS MEMBERS, 10-9198-JVS (RNBx)

Case 2:10-cv-09198-JVS -RNB Document 174 Filed 03/23/12 Page 2of4 Page ID
#:7408

LSW submits this supplemental filing to apprise the Court of additional new
information further highlighting the need for an order like the one this Court issued in
the Toyota multi-district litigation.

1. On February 16, 2012, LSW served on Plaintiffs interrogatories seeking,
inter alia, the names and addresses of recipients of Plaintiffs’ letter. See Perla
Declaration J 2.

py On March 22, 2012, Plaintiffs served their response, providing the names
and addresses of 364 recipients. See Perla Declaration { 2.

a Of the 364 recipients, 86 of them were insureds who are not policy owners,
and have never (and will never) be members of the putative class. See Perla
Declaration J 3.

4. Additionally, more than 10 percent of the recipients are minors (who were
insureds, not policy owners). See Perla Declaration { 4.

2. Thus, a material portion (approximately 24 percent) of Plaintiffs’ mailing
— stating untruthfully that a case had been filed “on your behalf’ — went to those who
will never be members of any class in this case, including many young children.

6. Plaintiffs had documentation that would have enabled them to avoid this
problem. Many months ago, LSW produced policy files pertaining to the 364 policies
at issue. Among other documents, each policy file contains an application and a policy
data section. These documents indicate the identities of the owner (i.e., the putative
class member) and the insured. They also indicate the age of the insured. An example
of an Application (pertaining to a Recipient) that repeatedly identifies the insured as a
minor is attached to the Declaration of Timothy Perla as Exhibit B. Thus, there is, in
LSW’s view, no reasonable excuse for mailing 86 people who are not in the putative

class, including minors.

3x
LIFE INSURANCE COMPANY OF THE SOUTHWEST’S SUPPLEMENTAL FILING IN SUPPORT
OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH
PUTATIVE CLASS MEMBERS, 10-9198-JVS (RNBx)

Case 2:10-cv-09198-JVS -RNB Document 174 _ Filed 03/23/12 Page3of4 Page ID
#:7409

7. To prevent recurrences, the Court should enter LSW’s Proposed Order
providing even-handed and reciprocal ground rules for contacting absent members of

the putative class.

DATED: March 23, 2012 WILMER CUTLER PICKERING HALE AND
DORR LLP

By: /s/ Jonathan A. Shapiro
Jonathan A. Shapiro

Andrea J. Robinson
Timothy J. Perla

Attorneys For Defendant
Life Insurance Company of the Southwest

eee
LIFE INSURANCE COMPANY OF THE SOUTHWEST’S SUPPLEMENTAL FILING IN SUPPORT
OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH
PUTATIVE CLASS MEMBERS, 10-9198-JVS (RNBx)

Case 2:10-cv-09198-JVS -RNB Document 174 Filed 03/23/12 Page4of4 Page ID
#:7410

PROOF OF SERVICE

I am a resident of the State of California, over the age of eighteen years, and not a
pay to the within action. My business address is Wilmer Cutler Pickering Hale an
orr LLP, 950 Page Mill Road, Palo Alto, CA 94304. On March 23rd, 2012 I served
the within document(s):

LIFE INSURANCE COMPANY OF THE SOUTHWEST’S SUPPLEMENTAL
FILING IN SUPPORT OF ITS EX PARTE APPLICATION FOR ENTRY OF
ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS

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
addressed as set forth below. _

I personally caused to be emailed the document(s) listed above to the
person(s) at the address(es) set forth below.

I electronically filed the document(s) listed above via the CM/ECF
system.

Brian P. Brosnahan

Charles N. Freiberg

Jacob Foster

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 California Street, Suite 2300

San Francisco, CA 94111

cfreiberg @kasowitz.com

Harvey R. Levine

LEVINE & MILLER

550 West C. Street, Suite 1810
San Diego, CA 92101-8596
Ismh@levinelaw.com

/s/ Jonathan A. Shapiro
Jonathan A. Shapiro

oA
LIFE INSURANCE COMPANY OF THE SOUTHWEST’S SUPPLEMENTAL FILING IN SUPPORT
OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH
PUTATIVE CLASS MEMBERS, 10-9198-JVS (RNBx)