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Case 2::10-cv-09198,d%S -RNB Document 376 Filed 01/08/13 Page 1 of 3 Page ID
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12 | Campy for Defendant Life Insurance

JONATHAN A. SHAPIRO (257199
WILMER Cae PICKERING HALE

Palo Alto, CA 94304
Tel: (229 858-610]
Fax: (650) 858-6100
jonathan.shapiro@wilmerhale.com

ANDREA J. ROBINSON (PRO HAC VICE)

TIMOTHY J. PERLA (PRO HAC VICE)

JOEL A. FLEMING (281264) .

WILMER CUTLER PICKERING HALE a a

AND DORR LLP | © CLERK, US. DISTacT COURT |

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oston, ’

Tel: (617) 526-6000 JAN - 8 2013

Fax: (617) 526-5000

andrea.robinson@wilmerhale.com ie to aa

timothy.perla@wilmerhale.com EPUTY

joel.fleming@wilmerhale.com ae as a \ cas

PARP IAI

Company of the Southwest

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

os ‘ SOUTHERN DIVISION
J@¥CE WALKER, KIM BRUCE CLASS ACTION
H@WLETT, and MURIEL SPOONER, on
behalf of themselves and all others CASE NO.: CV 10-9198 JVS (RNBx)
similarl¥ situated,
Formerly Case No.: 3:10-cv -04852 JSW
Plaintiffs, from Northern District of California

vs.
APPLICATION TO FILE UNDER

LIFE INSURANCE COMPANY OF THE | SEAL EXHIBIT A SUBMITTED WITH
SOUTHWEST, a Texas corporation, and | PLAINTIFFS’ MOTION FOR CLASS
DOES 1-50 CERTIFICATION OF NEW AND
REMAINING CLAIMS RELATING
Defendant. TO CURRENT BASIS POLICY
VALUES

Judge: Hon. James V. Selna
Date: February 4, 2013
Time: 1:30 p.m.
Courtroom: 10C

F) ORICNAL

Case 2:10-cv-09198JYS -RNB Document 376 Filed 01/98/13 Page 2of3 Page ID
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PLEASE TAKE NOTICE THAT pursuant to Civil Local Rule 79-5.1 and
the Court’s Second Amended Protective Order in this action, Dkt. 102 at ¥ 10
(Sept. 26, 2011), Defendant Life Insurance Company of the Southwest (“LS W”)
submits this application to the Court for an Order sealing Exhibit A to the
Declaration of Brian P. Brosnahan in Support of Plaintiffs’ Motion for Class
Certification of New and Remaining Claims Relating to Current Basis Policy
Values on the grounds that it contains confidential information protected by the
Protective Order.

Under Civil Local Rule 79-5.1, a party can request that documents be filed

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under seal by submitting a written application along with the documents sought to

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be filed under seal. The Court’s Second Amended Protective Order (the

“Protective Order’) requires that an application to seal be filed whenever any

papers are filed containing information and/or documents designated as
i “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION — PROTECTIVE

ORDER.” Dkt. 102 at 410.
The specific grounds that apply are set forth below:

Brosnahan Declaration, Ex. A
Exhibit A to the Declaration of Brian P. Brosnahan in Support of Plaintiffs’

Motion for Class Certification of New and Remaining Claims Relating to Current
Basis Policy Values is an internal LSW memorandum. This document was
designated as “CONFIDENTIAL.” The memorandum discusses the internal
pricing strategies used by LSW in developing product guarantees, including
profitability expectations and internal forecasting. This is confidential, non-public
commercial information that, if disclosed to the general public or competitors of
LSW could reasonably and in good faith be expected to result in prejudice or harm.
For the foregoing reasons, LSW respectfully requests that the Court grant
LSW’s application to the Court for an Order sealing Exhibit A to the Declaration

of Brian P. Brosnahan in Support of Plaintiffs’ Motion for Class Certification of

New and Remaining Claims Relating to Current Basis Policy Values.

]

Antivel IO INARNSNOAT 1

Case 2:10-cv-091 98,d¥js -RNB Document 376 Filed 074708/1 3 Page3of3 Page ID
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Dated: January 4, 2013

Antiveli® TAARNSNOT: I

Respectfully submitted,

WILMER CUTLER PICKERING HALE
AND DORR LLP

By:

Attorneys for Defendant
LIFE INSURANCE COMPANY OF THE
SOUTHWEST