Case 2:10-cv-09198-JVS -RNB Document 179 _ Filed 03/26/12 Page 1of2 Page ID #:7578

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 DECLARATION OF JOEL FLEMING IN similarly situated, OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE TO FILE SECOND AMENDED Plaintiffs, COMPLAINT VS. Judge James V. Selna LIFE INSURANCE COMPANY OF Courtroom: 10C

THE SOUTHWEST, a Texas corporation, and DOES 1-50,

Defendant.

DECLARATION OF JOEL FLEMING IN OPPOSITION TO PLAINTIFF’ MOTION FOR LEAVE TO FILE SECOND

AMENDED COMPLAINT, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS -RNB Document 179 _ Filed 03/26/12 Page 2of2 Page ID #:7579

DECLARATION OF JOEL FLEMING I, Joel Fleming, declare as follows:

1. I am an attorney duly licensed to practice law in the State of California and before this Court. I am an associate at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for Defendant Life Insurance Company of the Southwest (“LSW?’’) in the above-entitled action. I respectfully submit this Declaration in opposition to Plaintiffs’ Motion for Leave to File a Second Amended Complaint. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.

2. Attached hereto as Exhibit 1 is a February 13, 2012 letter sent by LSW to Plaintiffs.

3. Attached hereto as Exhibit 2 is a June 8, 2011 letter sent by Plaintiffs to LSW.

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

this 26th day of March, 2012, at Palo Alto, California.

By: /s/ Joel Fleming Joel Fleming

Pe DECLARATION OF JOEL FLEMING IN OPPOSITION TO PLAINTIFF’ MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, 10-09198 JVS(RNBx)