Case 2:10-cv-09198-JVS -RNB Document 373 Filed 01/08/13 Page 1of5 Page ID #:17200

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2 ||950 Page Mill Road Palo Alto, CA 94304 3 || Tel: (220) 858-6101 Fax: (650) 858-6100 4 || jonathan.shapiro @ wilmerhale.com 5 || ANDREA J. ROBINSON (PRO HAC VICE) TIMOTHY J. PERLA (PRO HAC VICE) 6 || WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street 7 || Boston, MA 02109 Tel: Iz 526-6000 8 ||Fax: (617) 526-5000 andrea.robinson @ wilmerhale.com 9 || timothy.perla@ wilmerhale.com 10 || Attorneys for Defendant Life Insurance Company of the Southwest 11 12 UNITED STATES DISTRICT COURT es CENTRAL DISTRICT OF CALIFORNIA 14 SOUTHERN DIVISION IS 16 || JOYCE WALKER, KIM BRUCE HOWLETT, ) Case No. 10-09198 JVS(RNBx) and MURIEL SPOONER on behalf of 17 ||themselves and all others similarly situated, JOINT STIPULATION TO CONTINUE MOTION FOR 18 Plaintiff, LEAVE TO FILE THIRD ) AMENDED COMPLAINT AND 19 VS. ) MOTION FOR CLASS CERTIFICATION HEARING 20 || LIFE INSURANCE COMPANY OF THE DATE SOUTHWEST, a Texas corporation, and DOES 21 |} 1-50, Honorable James V. Selna Courtroom: 10C 22 Defendant. 23 24 iis Pursuant to Local Civil Rule 40-1, this Stipulation is made by and between 26 || plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (“Plaintiffs”), and a” defendant Life Insurance Company of the Southwest (“LSW’”’). 28

JONATHAN A. SHAPIRO (257199) WILMER CUTLER PICKERING HALE AND DORR LLP

JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx)

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Case 2:10-cv-09198-JVS -RNB Document 373 Filed 01/08/13 Page 2of5 Page ID #:17201

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RECITALS

WHEREAS, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint and a Motion for Class Certification of New and Remaining Claims Relating to Current Basis Policy Values (the “Motions”) on January 7, 2013;

WHEREAS, Plaintiffs selected a date of February 4, 2013 as the hearing date for Plaintiffs’ Motions;

WHEREAS, LSW’s Oppositions to Plaintiffs’ Motions are currently due on January 14, 2013;

WHEREAS, Plaintiffs’ Replies to LSW’s Oppositions currently are due on January 21, 2013;

WHEREAS, there have been no prior requests for extensions of time for this hearing;

WHEREAS, counsel for LSW contacted counsel for Plaintiffs to request assent to a continuance of the hearing, to which Plaintiffs’ counsel agreed;

WHEREAS, the parties have agreed to March 4, 2013 as an acceptable hearing date that will work for all counsel;

WHEREAS, good cause exists to continue the hearing date to permit the parties time to adequately research and brief the issues raised in Plaintiffs’ Motions in a way

that will be helpful to the Court in resolving the issues;

ee JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx)

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WHEREAS, this continuance will extend the deadlines for LSW to file its Oppositions to Plaintiffs’ Motion for Leave to File a Third Amended Complaint and Plaintiffs’ Motion for Class Certification of New and Remaining Claims Relating to Current Basis Policy Values to January 30, 2013;

WHEREAS, this continuance will extend the deadlines for Plaintiffs to file their Replies to LSW’s Oppositions to February 15, 2013; and

WHEREAS, many of the deadlines in the present action have been postponed pending the Ninth Circuit’s decision on LSW’s 23(f) petition and as such an extension will not impact other deadlines.

NOW, THEREFORE, Plaintiffs and LSW, through their respective undersigned counsel, hereby stipulate at follows:

1. The hearing date for Plaintiffs’ Motion for Leave to File a Third Amended Complaint and Plaintiffs’ Motion for Class Certification of New and Remaining Claims Relating to Current Basis Policy Values is continued for one month until March 4, 2013;

2. LSW’s Oppositions to Plaintiffs’ Motions shall be due on January 30, 2013;

3. Plaintiffs’ Replies to LSW’s Oppositions shall be due on February 15,

2013.

ce JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx)

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Case 2:10-cv-09198-JVS -RNB Document 373 Filed 01/08/13 Page4of5 Page ID #:17203

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Dated: January 8, 2013

Respectfully submitted,

WILMER CUTLER PICKERING HALE AND DORR LLP

By:_/s/ Jonathan A. Shapiro Jonathan A. Shapiro (257199)

Andrea J. Robinson Timothy J. Perla

Attorneys for Defendant Life Insurance

Company of the Southwest

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

By: /s/Brian P. Brosnahan Brian P. Brosnahan (70890)

Attorneys for Plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner

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JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 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 January 8, 2013, I served the within document(s):

JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE

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I placed the document(s) listed above in a sealed envelope with postage 8 thereon fully prepaid, in the United States mail at Palo Alto, CA addressed as set forth below.

9 I personally caused to be hand delivered the document(s) listed above to 10 the econ) at the address(es) set forth below. I I electronically filed the document(s) listed above via the CM/ECF io system. Brian P. Brosnahan 13 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 14 101 California Street, Suite 2300 i San Francisco, CA 94111 16 Harvey R.. Levine LEVINE & MILLER oy 550 West C. Street, Suite 1810 18 San Diego, CA 92101-8596 19 20 /s/ Joel Fleming

21 Joel Fleming 22 23 24 25 26 27 28

JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx)

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