Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page1of7 Page ID #:12493 EXHIBIT B Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page2of7 Page ID #:12494 DONNA MORGAN NOVEMBER 7, 2011 VOLUME: I PAGES: 1-347 EXHIBITS: See Index UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JOYCE WALKER, KIM BRUCE CLASS ACTION HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated, Plaintiffs, CASE NO. CV 10-9198 JVS (RNBx) Formerly Case No.: 3:10-cv-04852 JSW from Northern District of California Vv. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas Corporation, Defendant. mM KK KK OK OS OO OKO VIDEOTAPED DEPOSITION OF DONNA MORGAN Monday, November 7, 2011, 9:05 a.m. WILMER CUTLER PICKERING HALE and DORR LLP 60 State Street Boston, Massachusetts -- Ivy L. Natanson, RPR -- NextGen Reporting 85 Old Eagle School Road Wayne, Pennsylvania 19087 215.944.5800 www.NextGenReporting.com Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page3of7 Page ID #:12495 DONNA MORGAN NOVEMBER 7, 2011 APPEARANCES OF COUNSEL: For the Plaintiffs KASOWITZ, BENSON, TORRES & FRIEDMAN LLP (BY: JACOB N. FOSTER, ESQUIRE) (BY: BRIAN P. BROSNAHAN, ESQUIRE) (via webstream) (BY: CHARLES N. FRIEBERG, ESQUIRE) (via webstream) 101 California Street San Francisco, California 94111 415.421.6140 (telephone) 415.398.5050 (facsimile) bbrosnahan@kasowitz.com jfoster@kasowitz.com For the Defendant WILMER CUTLER PICKERING HALE and DORR LLP (BY: ANDREA J. ROBINSON, ESQUIRE) (BY: TIMOTHY PERLA, ESQUIRE) 60 State Street Boston, Massachusetts 02109 617.526.6224 (telephone) 617.526.5000 (facsimile) andrea.robinson@wilmerhale.com timothy.perla@wilmerhale.com NATIONAL LIFE GROUP (BY% ROBERT S. BURKE, ESQUIRE) One National Life Drive Montpelier, Vermont 05604 802.229.3252 (telephone) 802.229.3743 (facsimile) bburke@nationallife.com ALSO PRESENT: Kevin Harrington Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page4of7 Page ID #:12496 DONNA MORGAN NOVEMBER 7, 2011 MS. ROBINSON: Objection. Yes. Can you think of any situation where a communication to the public that goes to more than one person and mentions an LSW product would not be required to be submitted? Generally speaking, no. What do you mean by "generally speaking"? Can you think of any situation where it would not be required to be submitted? It all depends on the content of the piece. So can you give me an example of a piece that LSW would not require to be submitted? MS. ROBINSON: Objection. No, I cannot. Can you think of any type of content that mentioned an LSW product and went to more than one member of the public that LSW would not require to be submitted? No, I cannot. Okay. So to your knowledge, there's no material that would go to more than one member of the public and mention an LSW product that LSW would not require to be submitted? MS. ROBINSON: Objection. Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page5of7 Page ID #:12497 DONNA MORGAN NOVEMBER 7, 2011 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. I, Ivy L. Natanson, Registered Professional Reporter and Notary Public duly commissioned and qualified in and for the Commonwealth of Massachusetts, do hereby certify that there came before me on the 7th day of November 2011 the person hereinbefore named, who was by me duly sworn to testify to the truth and nothing but the truth of their knowledge touching and concerning the matters in controversy in this cause; that they were thereupon examined upon their oath, and their examination reduced to typewriting under my direction and that the deposition is a true record of the testimony given by the deponent. I further certify that I am neither attorney nor counsel for, nor related to or employed by, any of the parties to the action in which this deposition is taken, and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. In Witness Whereof, I have hereunto set my hand and affixed my seal this 8th day of November sO 8 ie ia Notary Public My Commission Expires: September 13, 2013 Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page6of7 Page ID #:12498 Errata Sheet to Deposition of Donna Morgan Page 32, line 3 Add “and is submitted to the Advertising Review Unit (ARU)” to end of sentence Page 34, line 22 Between “it, it” add “and if it was submitted to the ARU” Page 40, line 2 Change answer to “It depends” Page 40, line 7 Change answer to “Yes, if it goes to more than | one person” Page 43, line 7 Add “if submitted to the ARU” to end of | sentence Page 43, line 16 Between “products that” add “and it was going to more than one person” Page 45, line 1 Add “if submitted to the ARU and going to more than one person” to end of sentence Page 45, line 3 Add “if submitted to the ARU and going to more than one person” to end of sentence Add “if submitted to the ARU and going to more than one person” to end of sentence Page 45, line 5 Page 58, line | Change answer to “NASD Series 6, NASD Series 7” Page 58, line 21 Add “and/or other broker-dealers” to end of sentence Page 64, line 14 Add “if it is submitted to the ARU” to end of ; sentence Page 64, line 16 After “elemarket,” add “and if they are submitted to the ARU” Page 64, line 19 Add “if it is submitted to the ARU” to end of sentence Page 65, line 15 Add “if it goes to more than one person and | was submitted to the ARU” to end of sentence Case 2:10-cv-09198-JVS -RNB Document 280-2 Filed 07/31/12 Page 7of7 Page ID #:12499 Page 79, line 9 Change answer to “I don’t know.” Change “Joan” to “Jo” Page 109, line 25 Add “if it is submitted to the ARU” to end of Page 123, line 13 sentence ——| Delete “my producers” Page 336, line 20 Signed: Danses Date: } 2./ 13 fu