KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Case 2:10#cv-09198-JVS-RNB Document 403 Filed 03/11/13 Page1of2 Page ID #:17759

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP CHARLES N. FREIBERG (SBN 70890) BRIAN P. BROSNAHAN (SBN 112894)

JACOB N. FOSTER (SBN 250785)

101 California Street, Suite 2300 San Francisco, California 94111 Telephone: (415) 421-6140 Facsimile: (415) 398-5030

LAW OFFICES OF CRAIG A. MILLER

CRAIG A. MILLER (SBN 116030)

225 Broadway, Suite 1310 San Diego, CA 92101 Telephone: (619) 231-9449 Facsimile: (619) 231-8638

Attorneys for Plaintiffs

JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves

and all others similarly situated

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated,

Plaintiffs, Vv.

LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation,

Defendant.

CLASS ACTION CASE NO.: CV 10-9198 JVS (RNBx)

Formerly Case No.: 3:10-cv -04852 JSW from Northern District of California

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR APPROVAL OF CLASS NOTICE

District Judge James V. Selna Date: April 8, 2013

Time: 1:30 p.m. Courtroom: 10C

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR APPROVAL OF CLASS NOTICE

ase No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Case 2:

-cv-09198-JVS-RNB Document 403 Filed 03/11/13 Page 2of2 Page ID #:17760

NOTICE OF MOTION AND MOTION

TO THE COURT, DEFENDANT, AND ALL COUNSEL OF RECORD:

PLEASE TAKE NOTICE that on April 8, 2013, or as soon thereafter as the matter may be heard in the courtroom of the Honorable James V. Selna, Plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (“Plaintiffs”), by and through their counsel of record, will and hereby do move this Court for approval of Plaintiffs’ proposed class notice, attached as Exhibit A to the Declaration of Charles N. Freiberg and attached to the Proposed Order submitted concurrently herewith. Plaintiffs also move this Court for an order directing LSW to instruct its agents and employees not to discuss the class notice, this lawsuit, or any issues directly related thereto with class members throughout the remainder of this lawsuit, unless otherwise ordered by the Court.

This motion is based on this notice, the attached memorandum of points and authorities, the proposed order, the declaration of Charles N. Freiberg, the pleadings, records and files in this case, and such other matters as may be considered by the Court. This motion is made following meet and confer efforts of counsel pursuant to the Court’s Fourth Amended Pretrial Scheduling Order (and in accordance with Local Rule 7-3) which took place between December 5, 2012 and March 11, 2013. Defendant Life Insurance Company of the Southwest indicated on March 3, 2013 and subsequently on March 11, 2013 that it would not stipulate to Plaintiffs’ proposed class notice and would oppose Plaintiffs’ motion seeking

approval of that notice.

DATED: March 11, 2013 KASOWITZ BENSON TORRES & FRIEDMAN LLP

By: /s/ Charles N. Freiberg Charles N. Freiberg

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR APPROVAL OF CLASS NOTICE Case No. CV 10-9198 JVS (RNBx) 1