ase 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page iof4 Page ID #:80

JONATHAN A. SHAPIRO (257199

WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road

Palo Alto, CA 94304

Tel: (650) 858-6101

Fax: (650) 858-6100

jonathan.shapiro@wilmerhale.com

ANDREA J. ROBINSON (PRO HAC VICE)

TIMOTHY J. PERLA (PRO HAC VIC.

WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street

Boston, MA 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, Case No. 10-09198 JVS(RNBx) and MURIEL SPOONER on behalf of

themselves and all others similarly situated, DECLARATION OF JONATHAN A. SHAPIRO IN Plaintiff, SUPPORT OF LIFE INSURANCE COMPANY O VS. THE SOUTHWEST?’S MOTION TO DISMISS LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and Honorable James V. Selna DOES 1-50, Date: February 7, 2011 Defendant. Time: 1:30 p.m.

Courtroom: 10C

DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx)

ase 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 2of4 Page ID #:81

DECLARATION OF JONATHAN A. SHAPIRO I, Jonathan A. Shapiro, declare as follows:

1. I am an attorney duly licensed to practice law in the State of California and before this Court. I am a Partner 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 Motion to Dismiss. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.

Zz The purpose of this Declaration is to place before the Court relevant documents referred to and integral to the Complaint, in support of Defendant Life Insurance Company of the Southwest’s Motion to Dismiss.

3. Attached hereto as Exhibit A is a true and correct copy of life insurance Policy LS0156670 purchased by Joyce Walker.

4. Attached hereto as Exhibit B is a true and correct copy of life insurance Policy LS0149017 purchased by Kim Bruce Howlett.

a; Attached hereto as Exhibit C is a true and correct copy of life insurance Policy LS0149018 purchased by Muriel Spooner.

6. Attached hereto as Exhibit D is a true and correct copy of a life insurance Illustration presented to and signed by Joyce Walker.

Te Attached hereto as Exhibit E is a true and correct copy of a life insurance Illustration presented to and signed by Kim Bruce Howlett.

DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx)

ase 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 30f4 Page ID #:81

8. Attached hereto as Exhibit F is a true and correct copy of a life insurance Illustration presented to and signed by Muriel Spooner.

9. Attached hereto as Exhibit G is a true and correct copy of the National Association of Insurance Commissioners’ Life Insurance Buyer’s Guide presented to each of the Plaintiffs.

10. Attached hereto as Exhibit H is a true and correct copy of the Minute Order Denying Defendant Life Insurance Company of the Southwest’s Motion to Dismiss the Second Amended Complaint in Krall v. Life Insurance Company of the Southwest, SACV 09-1043-JVS (RNBx) (C.D. Cal. June 28, 2010).

11. | Attached hereto as Exhibit I is a true and correct copy of a Minute Order Granting Defendant Life Insurance Company of the Southwest’s Motion to Dismiss the First Amended Complaint in Krall v. Life Insurance Company of the

Southwest, SACV 09-1043-JVS (RNBx) (C.D. Cal. Mar. 3, 2010).

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

Executed this December 21, 2010, at Palo Alto, California.

By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro

oo DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx)

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PROOF OF SERVICE

I am a resident of the State of California, over the A of eighteen years, and not a pe the within action. My business address is Wilmer Cutler Pickerin Hale and Dorr LLP, 950 Page Mill Road, Palo Alto, CA 94304. On December 21, 2010, I served the within document(s):

DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS

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 addressed as set forth below.

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

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

Charles N. Freiberg

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 California Street, Suite 2300

San Francisco, CA 94111

Harvey R. Levine

LEVINE & MILLER

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

/s/ Jonathan A. Shapiro Jonathan A. Shapiro

a ee DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx)