Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page 1of6 Page ID #:16404 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 SOUTHERN DIVISION 3 ---000--- 4 JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of 5 themselves and all others similarly situated, 6 Plaintiffs, 7 vs. No. CV-10-9198-JVS (RNBx) 8 LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, 9 and Does 1-50, insurance 10 Defendants. 11 12 13 14 VIDEOTAPED DEPOSITION OF KIM BRUCE HOWLETT 15 San Francisco, California 16 Thursday, April 26, 2012 17 Volume 1 18 19 20 REPORTED BY: LYNNE LEDANOIS 21 CSR No. 6811 Job No. 140503 22 23 PAGE 1 - 183 24 25 Page 1 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page2of6 Page ID #:16405 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 SOUTHERN DIVISION 3 ---000--- 4 JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of 5 themselves and all others similarly situated, 6 Plaintiffs, 7 vs. No. CV-10-9198-JVS (RNBx) 8 LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, 9 and Does 1-50, insurance 10 Defendants. 14 Videotaped deposition of KIM BRUCE HOWLETT, taken 15 on behalf of Defendant, at 101 California Street, Suite 16 2300, San Francisco, California, beginning at 10:50 17 a.m., and ending at 6:34 p.m. on Thursday, April 26, 18 2012, before LYNNE LEDANOIS, CSR 6811. Page 2 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page3of6 Page ID 24 25 #:16406 APPEARANCES: FOR THE PLAINTIFFS: KASOWITZ, BENSON, TORRES & FRIEDMAN LLP BY: CHARLES N. FREIBERG BY: JEANETTE T. BARZELAY Attorneys at Law 101 California Street, Suite 2300 San Francisco, California 94111 (415) 421-6140 cfreiberg@kasowitz.com jbarzelay@kasowitz.com FOR THE DEFENDANTS: WILMER CUTLER PICKERING HALE & DORR LIP BY: JONATHAN A. SHAPIRO BY: JOEL FLEMING Attorneys at Law 950 Page Mill Road Palo Alto, California 94304 (G50) Bod .6.10 1 jonathan.shapiro@wilmerhale.com joel.fleming@wilmerhale.com Page 3 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page4of6 Page ID 24 20 #:16407 APPEARANCES (Continued): ALSO PRESENT: ROBERT S. BURKE VIDEOGRAPHER: GEORGE FOX Page 4 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page5of6 Page ID #:16408 MR. FREIBERG: Let me finish. Let me talk to 06:12:48 the witness and see if he can continue for some -- MR. SHAPIRO: That's fine. MR. FREIBERG: -- period of time this evening, but I will tell you that if we continue for any further 06:12:53 period, that this will be the end of it. MR. SHAPIRO: That's fine. MR. FREIBERG: Let me talk to the witness -—-— MR. SHAPIRO: Thank you for dictating that. MR. FREIBERG: Let me talk to him. 06:13:06 MR. SHAPIRO: Great. Thanks, both you gentlemen. VIDEOGRAPHER: We're off the record at 6:13 p.m. (Recess taken.) 06:13:11 VIDEOGRAPHER: We are back on the record at 6:29 p.m. MR. FREIBERG: So, Counsel, it's 6:30. As I've informed you, the witness is extremely tired and feels definitely too tired to go on. The deposition, as I 06:30:12 already mentioned, started at 10:50 instead of 9:00 a.m., through no fault of our own. So there was clearly time provided today for you to take this deposition for seven hours. But, again, through no fault of our own, the deposition started at 10:50. 06:30333 Page 178 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-8 Filed 12/12/12 Page6of6 Page ID #:16409 It's our view that there is no requirement that 06:30:36 this witness either stay here this evening and continue to provide additional testimony or appear again. I understand that you have a different view, which is that the witness needs to appear again for further testimony. 06:30:49 And we will meet and confer with you on that issue. MR. SHAPIRO: Okay. So a few points. Point number one, we didn't hear anything about a hard stop until about an hour and ten minutes ago. Point number two, we're entitled, under the 06:31:18 federal rules, presumptively, to seven hours. We have like an hour and 40 minutes left on that clock. And we've offered to wrap it up in under 45 minutes. I've told you precisely the questions we're going to ask and the documents that we're going to use. 06:31:35 Point number three, we absolutely started late today, but that was certainly no fault of our own either. If everything has to be about fault, maybe there was no fault. We were here in your lobby at 8:40. There was a screw-up with the court reporting service, 06:31:50 and I actually assume that maybe there is no fault there either. But, regardless, we're still entitled to the time we're entitled to under the rule, and there was no suggestion whatsoever until well past 5:00 o'clock that the witness was just going to up and leave. 06:32:04 Page 179 Sarnoff, A VERITEXT COMPANY 877-955-3855