Case 2:10-cv-09198-JVS -RNB Document 312 Filed 08/28/12 Page1of3 Page ID #:14209

JONATHAN A. SHAPIRO (257199)

WILMER CUTLER PICKERING HALE AND DORR LLP

950 Page Mill Road

Palo Alto, CA 94304

Tel: (e203 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: er} 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)

DECLARATION OF JOEL FLEMING IN SUPPORT OF LSW’S EX PARTE APPLICATION FOR ENTRY OF ORDER STRIKING PLAINTIFFS’ OBJECTIONS

Judge James Selna Courtroom: 10C

DECLARATION OF JOEL FLEMING IN SUPPORT OF LSW’S EX PARTE APPLICATION FOR ENTRY OF ORDER STRIKING PLAINTIFFS’ OBJECTIONS, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS -RNB Document 312 Filed 08/28/12 Page 2of3 Page ID #:14210

DECLARATION OF JOEL FLEMING

I, Joel Fleming, declare as follows:

I I am an attorney duly licensed to practice law in the State of California and before this Court. Iam an Associate at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for Defendant in the above-entitled action. I respectfully submit this Declaration in support of Defendant Life Insurance Company of the Southwest’s Ex Parte Application for Entry of an Order Striking Plaintiffs’ Objections. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.

2. On August 28, 2012, I contacted Brian Brosnahan and Jacob Foster, lead counsel for Plaintiffs, by telephone. I advised Messrs. Brosnahan and Foster that LSW would be filing an ex parte application to strike Plaintiffs’ objections on August 28, 2012 and advised them of the substance of the application. Plaintiffs’ counsel indicated that they opposed the application.

3. Attached hereto as Exhibit | is a true and correct copy of an email chain between Jonathan Shapiro and Brian Brosnahan dated August 23, 2012.

I declare under the penalty of perjury that the foregoing is true and correct. Executed this 28th day of August, 2012, at Palo Alto, California.

By: /s/ Joel Fleming

Joel Fleming

ee DECLARATION OF JOEL FLEMING IN SUPPORT OF LSW’S EX PARTE APPLICATION FOR ENTRY OF ORDER STRIKING PLAINTIFFS’ OBJECTIONS, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS -RNB Document 312 Filed 08/28/12 Page 3of3 Page ID #:14211

PROOF OF SERVICE

2 I am a resident of the State of California, over the age of eighteen years, and not a 3 pay to the within action. My business address is Wilmer Cutler Pickering Hale and Dorr LP, 950 Page Mill Road, Palo Alto, CA 94304. On August 28, 2012 I served the within 4 || document(s): 3 6

LSW’S EX PARTE APPLICATION FOR AN ORDER STRIKING PLAINTIFFS’ OBJECTIONS

I placed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, CA

7 addressed as set forth below.

8 I personally caused to be emailed the document(s) listed above to the

r person(s) at the address(es) set forth below.

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

0 system. o I personally caused to be delivered by Facsimile the document(s) listed 12 above to the person(s) at the facsimile number(s) set forth below. 13 4 Brian P. Brosnahan

Charles N. Freiberg

15 Jacob Foster

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

17 San Francisco, CA 94111

(415) 358-4278

18 19 Harvey R. Levine a LEVINE & MILLER 550 West C. Street, Suite 1810 21 San Diego, CA 92101-8596 35 (619) 231-8638 23 24 /s/Joel Fleming 25 Joel Fleming 26 27 +o

DECLARATION OF JOEL FLEMING IN SUPPORT OF LSW’S EX PARTE APPLICATION FOR ENTRY OF ORDER 28 STRIKING PLAINTIFFS’ OBJECTIONS, 10-09198 JVS(RNBx)