Case 4i:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 1of3 Page ID #:14630 DENIED BY ORDER OF THE COURT 3 4 a 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 11 || JOYCE WALKER, KIM BRUCE CLASS ACTION HOWLETT, and MURIEL 12 || SPOONER, on behalf of themselves CASE NO.: CV 10-9198 JVS (RNBx) oi and all others similarly situated, Formerly Case No.: 3:10-cv -04852 ee JSW from Northern District of CA Plaintiffs, [PROPOSED] ORDER TO 15 v. CONTINUE THE DEADLINE FOR WRITTEN DISCOVERY, AND TO 16 || LIFE INSURANCE COMPANY OF | ABATE THE DATES SET FORTH IN THE SECOND AMENDED Le ee PRETRIAL SCHEDULING ORDER sy ’ IF A RULE 23(F) PETITION IS 18 FILED Defendant. [PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE ase No. CV 10-9198 JVS (RNBx) Cas 2:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 2of3 PageID #:14631 Having reviewed the parties’ Joint Stipulation to Continue the Deadline for Written Discovery, and to Abate the Dates Set Forth in the Second Amended Pretrial Scheduling Order if a Rule 23(f) Petition is Filed, and good cause appearing therefore, the Court issues the following Order: 1. The September 21, 2012 deadline for written discovery shall be continued until 21 days after the Court enters an order on Plaintiffs’ motion for class certification, unless a Rule 23(f) petition is filed with the Ninth Circuit (in which case the deadline for written discovery shall be abated pending resolution of the petition) (see infra, {5). 2 If no Rule 23(f) petition is filed following the Court’s ruling on Plaintiffs’ motion for class certification and a class has been certified, the parties will promptly meet and confer regarding the dates in the Second Amended Pretrial Scheduling Order and will file a new proposed scheduling order or orders with the Court that will provide for sufficient time to prepare a class notice, obtain Court approval of a class notice, to disseminate that class notice, and to receive any opt- out requests and responses thereto. 3. If, following the Court’s ruling on Plaintiffs’ motion for class certification, a Rule 23(f) petition is filed with the Ninth Circuit to appeal the Court’s ruling, all dates set forth in the Second Amended Pretrial Scheduling Order shall be abated. 4. If a Rule 23(f) petition is filed, the parties will proceed with previously propounded written discovery (excluding depositions) and any motions to compel related thereto. a: All other discovery, including depositions and written discovery not previously propounded, will be deferred until the Ninth Circuit rules on any Rule 23(f) petition that is filed. All discovery may proceed if and at the time the Ninth Circuit denies any such petition. Within fourteen days of the Ninth Circuit’s ruling denying any such petition, the parties will file a new proposed scheduling order or [PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE Case No. CV 10-9198 JVS (RNBx) Casq!2:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 3of3 Page ID #:14632 — orders with the Court. 6. If the Court grants Plaintiffs’ motion for class certification (in whole or in part), the parties will meet and confer regarding a mutually acceptable class notice while any Rule 23(f) petition is pending so that the class notice may be submitted, or any disputes related thereto resolved, promptly following the Ninth Nn BP WW WN Circuit’s ruling on the Rule 23(f) petition. 8} IT IS SO ORDERED. 10] Dated: September 19, 2012 DENIED es BY ORDER OF THE COURT Honorable James V. Selna 13 United States District Judge [PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE Case No. CV 10-9198 JVS (RNBx)