Case 2:10-cv-09198-JVS -RNB Document 346-3 Filed 10/02/12 Page 1of4 Page ID
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EXHIBIT 3: [PROPOSED] SUPPLEMENTAL DECLARATION OF JOEL FLEMING

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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
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.: CV 10-9198-JVS(RNBx)

[PROPOSED] SUPPLEMENTAL
DECLARATION OF JOEL FLEMING
IN SUPPORT OF LSW’S
SUBSTITUTED SUPPLEMENTAL
MEMORANDUM IN OPPOSITION TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

SUPPLEMENTAL DECLARATION OF JOEL FLEMING, 10-09198-JVS(RNBx)

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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 Joyce Walker.

a Attached hereto as Exhibit B is a true and accurate copy of excerpts
from the Deposition of Kim Bruce Howlett.

4. Attached hereto as Exhibit C is a true and accurate copy of excerpts
from the Deposition of Muriel Spooner.

>: Attached hereto as Exhibit D is a true and accurate copy of the
signature page for an illustration prepared for Joyce Walker (nee Schmidtbauer).

I declare under the penalty of perjury that the foregoing is true and correct.

Executed this 2nd day of October, 2012, at Boston, Massachusetts.

By: /s/ Joel Fleming
Joel Fleming

_2-
SUPPLEMENTAL DECLARATION OF JOEL FLEMING, 10-09198 JVS(RNBx)
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PROOF OF SERVICE

I am a resident of the Commonwealth of Massachusetts, 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, 60 State Street, Boston,
Massachusetts 02109. On October 2, 2012, I served the within document(s):

[PROPOSED] SUPPLEMENTAL DECLARATION OF JOEL
FLEMING AND EXHIBITS THERETO

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

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

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

(Ismh @ levinelaw.com)
LEVINE & MILLER

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

/s/ Joel_Fleming
Joel Fleming

ate

SUPPLEMENTAL DECLARATION OF JOEL FLEMING, 10-09198 JVS(RNBx)
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