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Case 2:10-cv-09198-JVS -RNB Document 310 Filed 08/27/12 Page 1of3 Page ID #:14169

Jonathan A. Shapiro (257199)

WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road

Palo Alto, California 93304

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, Massachusetts 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.: CV 10-9198-JVS(RNBx)

HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others

similarly situated, DECLARATION OF JOEL FLEMING IN SUPPORT OF LSW’S REPLY IN Plaintiffs, SUPPORT OF MOTION TO STRIKE DECLARATION OF PATRICK

VS. BROCKETT

LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50

Defendant.

DECLARATION OF JOEL FLEMING IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO STRIKE, 10-09198-

JVS(RNBx)

KE WO NO

SCS wo NT WBN

Case 2:10-cv-09198-JVS -RNB Document 310 Filed 08/27/12 Page 2of3 Page ID #:14170

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 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 accurate copy of excerpts from the Deposition of Patrick Brockett.

a Attached hereto as Exhibit B is a true and accurate copy of excerpts from the Deposition of Timothy Pfeifer.

I declare under the penalty of perjury that the foregoing is true and correct. Executed this 27th day of August, 2012, at Palo Alto, California.

By: /s/ Joel Fleming Joel Fleming

ee DECLARATION OF JOEL FLEMING IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO STRIKE, 10- 09198 JVS(RNBx)

LE WO NYO

Case 2:10-cv-09198-JVS -RNB Document 310 Filed 08/27/12 Page3of3 Page ID #:14171

PROOF OF SERVICE

I am a resident of the State of California, over the age of eighteen years, and

not a party to the within action. My business address is Wilmer Cutler Pickering Hale and Dorr LLP, 950 Page Mill Road, Palo Alto, California 94304. On August 27, 2012, I served the within document(s):

REPLY DECLARATION OF JOEL FLEMING IN SUPPORT OF MOTION TO STRIKE DECLARATION OF PATRICK BROCKETT

I placed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail addressed as set forth below.

I personally caused to be hand delivered the document(s) listed above to the person(s) at the address(es) set forth below.

I emailed the document(s) listed above to the person(s) at the address(es) set forth below.

I electronically filed the document(s) listed above via the CM/ECF system.

Brian P. Brosnahan

(bbrosnahan @ kasowitz.com)

Charles N. Freiberg

(cfreiberg @kasowitz.com)

Jacob N. Foster

(jfoster @ kasowitz.com)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 California Street, Suite 2300

San Francisco, CA 94111

Harvey R. Levine

(smh @ levinelaw.com) LEVINE & MILLER

550 West C. Street, Suite 1810 San Diego, CA 92101-8596

/s/ Joel_Fleming Joel Fleming

ae

DECLARATION OF JOEL FLEMING IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO STRIKE, 10-

09198 JVS(RNBx)