WO F&F WY NO =

oO CO SN DH

ase 2:10-cv-09198-JVS -RNB Document 175 _ Filed 03/23/12 Page1of4 PageID #:7411

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 similarly situated,

Plaintiffs, VS. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-5 0,

Defendant.

DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LSW’S SUPPLEMENTAL FILING IN SUPPORT OF ITS EX

DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LSW’S SUPPLEMENTAL FILING IN SUPPORT OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS

Judge James V. Selna

PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS,

10-09198 JVS(RNBx)

ase 2:10-cv-09198-JVS -RNB Document 175 _ Filed 03/23/12 Page 2of4 PageID #:7412

DECLARATION OF TIMOTHY PERLA

I, Timothy Perla, declare as follows:

I. I am an attorney duly licensed to practice law in the Commonwealth of Massachusetts and admitted pro hac vice before this Court. I am a Counsel at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for Defendant Life Insurance Company of the Southwest’s (“LSW”) in the above-entitled action. I respectfully submit this Declaration in support of LSW’s Supplemental Filing in Support of its Application for Entry Of Order Re: Contacts with Putative Class Members. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently

thereto.

2: On March 22, 2012, Plaintiffs served responses to LSW’s First Set of Interrogatories, including as a schedule the names and addresses of 364 persons (‘the Recipients”) who received the letter from Plaintiffs’ counsel about this litigation (“the Recipient List”). A true and accurate copy of the responses to LSW’s First Set of Interrogatories are attached hereto as Exhibit A.!

> I compared the Recipient List with policy documentation and information that have been produced in this litigation. Based on that comparison, I determined that 86 of the Recipients were insureds who are not policy owners.

4. The comparison also showed that more than 10% of the Recipients were minors at the time the letters were sent.

>; Attached hereto as Exhibit B is a true and correct copy of an Application

(redacted to exclude personal information) that LSW produced in this litigation.

' In the interest of protecting the privacy of Recipients, the schedule to the responses

(which contains the actual names and addresses) is not attached hereto. DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LSW’S SUPPLEMENTAL FILING IN SUPPORT OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS, 10-09198 JVS(RNBx)

—_—

ase 2:10-cv-09198-JVS -RNB Document 175 _ Filed 03/23/12 Page3of4 PageID #:7413

I declare under the penalty of perjury that the foregoing is true and correct.

Executed this 23rd day of March, 2012, at Boston, Massachusetts.

By: /s/ Timothy Perla Timothy Perla

ce DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LSW’S SUPPLEMENTAL FILING IN SUPPORT OF ITS EX PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS, 10-09198 JVS(RNBx)

ase 2:10-cv-09198-JVS -RNB Document 175 _ Filed 03/23/12 Page 4of4 PageID #:7414

I PROOF OF SERVICE

2 I am a resident of the State of California, over the age of eighteen years, and not a 3 || party to the within action. My business address is Wilmer Cutler Pickering Hale and Dorr LP. 950 Page Mill Road, Palo Alto, CA 94304. On March 23rd, 2012 I served the within

document(s): 5 6 DECLARATION OF TIMOTHY PERLA I placed the document(s) listed above in a sealed envelope with postage 7 thereon fully prepaid, in the United States mail at Palo Alto, CA addressed as set forth below. | 8 I personally caused to be emailed the document(s) listed above to the 9 person(s) at the address(es) set forth below. I electronically filed the document(s) listed above via the CM/ECF oe system. _ 11 12 . Brian P. Brosnahan 13 Charles N. Freiberg a Jacob Foster KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 15 101 California Street, Suite 2300 16 San Francisco, CA 94111 cfreiberg@kasowitz.com 17 iz Harvey R. Levine LEVINE & MILLER 19 550 West C. Street, Suite 1810 20 San Diego, CA 92101-8596 Ismh@levinelaw.com 21 22 23 /s/ Jonathan A. Shapiro Jonathan A. Shapiro 24 25 26 27 23- DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LSW’S SUPPLEMENTAL FILING IN SUPPORT OF ITS EX 28 PARTE APPLICATION FOR ENTRY OF ORDER RE: CONTACTS WITH PUTATIVE CLASS MEMBERS,

10-09198 JVS(RNBx)