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ase 2:10-cv-09198-JVS -RNB Document 204-1 Filed 04/17/12 Page 1of2 Page ID
#:8210

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 REVIEW OF MAGISTRATE JUDGE
Plaintiffs, BLOCK’S MARCH 20, 2012 ORDER
DENYING PLAINTIFFS’ MOTION TO
VS. COMPEL IN PART AND GRANTING
DEFENDANT’S MOTION FOR PROTECTIVE
LIFE INSURANCE COMPANY OF ORDER IN PART
THE SOUTHWEST, a Texas
corporation, and DOES 1-50, Judge James V. Selna
Defendant. Courtroom: 10C

DECLARATION OF JOEL FLEMING IN OPPOSITION TO PLAINTIFF’ MOTION FOR REVIEW OF MAGISTRATE
JUDGE BLOCK’S MARCH 20, 2012 ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL IN PART AND
GRANTING DEFENDANT’S MOTION FOR PROTECTIVE ORDER IN PART, 10-09198 JVS(RNBx)

ase 2:10-cv-09198-JVS -RNB Document 204-1 Filed 04/17/12 Page 2of2 Page ID
#:8211

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 Review of Magistrate Judge Block’s March 20, 2012 Order Denying Plaintiffs’
Motion to Compel in Part and Granting Defendant’s Motion for Protective Order in part. 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 A is a true and correct copy of excerpts from the
transcript of the March 20, 2012 discovery hearing before Magistrate Judge Block.

a: Attached hereto as Exhibit B is a true and correct copy of an email chain
between Stephan Mayr, Elizabeth MacGowan, Nancy Winings, and Matthew DeSantos
between October 29 and October 30, 2009, produced by LSW to Plaintiffs as LSW-
E00043997-8.

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

17th day of April, 2012, at Palo Alto, California.

By: /s/ Joel Fleming

Joel Fleming

ec
DECLARATION OF JOEL FLEMING IN OPPOSITION TO PLAINTIFF’ MOTION FOR REVIEW OF MAGISTRATE
JUDGE BLOCK’S MARCH 20, 2012 ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL IN PART AND
GRANTING DEFENDANT’S MOTION FOR PROTECTIVE ORDER IN PART, 10-09198 JVS(RNBx)