Case 2:10-cv-09198-JVS -RNB Document 277 Filed 07/31/12 Page1of4 Page ID #:12376
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 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 1-50,
Defendant.
Case No.: 10-09198 JVS(RNBx)
NOTICE OF MOTION AND MOTION
TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY
Magistrate Judge Robert N. Block
Date: August 21, 2012 Time: 9:30a.m Courtroom: 6D
Discovery Cut-off Date: Nov. 5, 2012 Pretrial Conference Date: Jan. 14, 2013 Trial Date: Jan. 24, 2013
NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY, 10-09198 JVS(RNBx)
Case 2:10-cv-09198-JVS -RNB Document 277 Filed 07/31/12 Page 2of4 Page ID #:12377
NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY
TO THE COURT, PLAINTIFFS, AND ALL COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on August 21, 2012, or as soon thereafter as the matter may be heard, in Courtroom 6D, located at 411 West Fourth Street, Santa Ana, California, 92701, Defendant Life Insurance Company of the Southwest (“LSW’’) will, and hereby does, move the Court for an order striking (1) Numbers 30 and 31 of the Errata Sheet Corrections to the Deposition of Kim Bruce Howlett; (2) Exhibit 12 to the Deposition of Kim Bruce Howlett; (3) page 259, line 8 through page 263, line 6 of the Deposition of Kim Bruce Howlett; and (4) page 263, line 9 through page 263, line 22 of the Deposition of Kim Bruce Howlett.
Under Federal Rule of Civil Procedure Rule 12(f), LSW moves to strike Numbers 30 and 31 of the Errata Sheet Corrections to the Deposition of Kim Bruce Howlett on the ground that those corrections change the substance of Mr. Howlett’s response; Exhibit 12 to the Deposition of Kim Bruce Howlett on the ground that the altered exhibit was not produced in advance of the deposition; page 259, line 8 through page 263, line 6 of the Deposition of Kim Bruce Howlett on the ground that it constitutes examination and testimony on the altered exhibit that was not produced in advance of the deposition; and page 263, line 9 through page 263, line 22 of the Deposition of Kim Bruce Howlett on the ground that it constitutes examination and testimony on the altered exhibit that was not produced in advance of the deposition.
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NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY, 10-09198 JVS(RNBx)
Case 2:10-cv-09198-JVS -RNB Document 277 Filed 07/31/12 Page3of4 Page ID #:12378
This Motion is made following several discussions between counsel pursuant to Local Rule 7-3 and 37-1.
This Motion is supported by the accompanying Joint Stipulation of Points and Authorities, a Proposed Order, the Declaration of Timothy Perla and supporting exhibits, and such other evidence or argument as may be presented at or before the hearing.
Respectfully submitted,
WILMER CUTLER PICKERING HALE AND DORR LLP
By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro (257199)
Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice)
Attorneys for Defendant Life Insurance Company of the Southwest
=o NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY, 10-09198 JVS(RNBx)
Case 2:10-cv-09198-JVS -RNB Document 277 Filed 07/31/12 Page4of4 Page ID #:12379
1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a arty to the within action. My business address is Wilmer Cutler Pickering Hale and Dorr 3 || LLP, 950 Page Mill Road, Palo Alto, CA 94304. On July 31, 2011 I served the within document(s): 5 NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY 6
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 person(s) at the address(es) set forth below. 9 I electronically filed the document(s) listed above via the CM/ECF
10 system. : 11
Charles N. Freiberg 12 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 13 101 California Street, Suite 2300
San Francisco, CA 94111 14 cfreiberg @kasowitz.com 15
Harvey R. Levine 16 LEVINE & MILLER 17 550 West C. Street, Suite 1810
San Diego, CA 92101-8596 18 lsmh @levinelaw.com 19 /s/ Jonathan A. Shapiro
Jonathan A. Shapiro
20 21 22 23 24 25 26 27 28 La.
NOTICE OF MOTION AND MOTION TO STRIKE ERRATA SHEETS, DEPOSITION EXHIBIT, AND DEPOSITION TESTIMONY, 10-09198 JVS(RNBx)