e 2:10-cv-09198-JVS-RNB Document 405 Filed 03/15/13 Page1of5 Page ID #:18010

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 VICE) 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 Case No.: 10-09198 JVS(RNBx) HOWLETT, and MURIEL SPOONER

on behalf of themselves and all others EX PARTE APPLICATION TO similarly situated, RESCHEDULE HEARING ON

PLAINTIFFS’ MOTION FOR Plaintiffs, APPROVAL OF CLASS NOTICE VS. Judge James Selna

Courtroom: 10C LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50,

Defendant.

EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS

NOTICE, 10-09198 JVS(RNBx)

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EX PARTE APPLICATION

Pursuant to Fed. R. Civ. Proc. 6(c)(1)(A) and Local Rule 7-19, Life Insurance Company of the Southwest (“LSW’’) respectfully files this ex parte application to reschedule the hearing on Plaintiffs’ Motion for Approval of Class Notice. See Docket No. 403. Plaintiffs oppose this motion.

On March 13, 2013, Jonathan Shapiro, counsel for LSW, contacted counsel for Plaintiffs by email asking to reschedule the hearing, currently scheduled for April 8, and advised them of the reason for the request. Declaration of Jonathan Shapiro (“Shapiro Dec.”) { 2, Ex. A at 5. On March 15, 2013 (following back-and-forth emails where Plaintiffs first indicated they were “amenable” to rescheduling and then refused the request), Mr. Shapiro contacted Jeanette Barzelay, counsel for plaintiffs, by telephone and advised her that LSW would be filing an ex parte application that day to extend the hearing and advised her, again, of the basis of the application. See Shapiro Dec. { 3.

This motion is based on the attached memorandum of points and authorities, the declaration of Jonathan Shapiro and exhibits thereto, the pleadings, records and files in this case, and such other matters as may be considered by the Court.

DATED: March 15, 2013 Respectfully submitted, WILMER CUTLER PICKERING HALE AND DORR LLP

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

Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice)

Attorneys for Defendant Life Insurance Company of

the Southwest

ae EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS NOTICE, 10-09198 JVS(RNBx)

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MEMORANDUM OF POINTS AND AUTHORITIES

LSW asks this Court to extend the hearing on Plaintiffs’ Motion for Approval of Class Notice, currently scheduled for April 8, to April 22 (or, in the alternative, April 15), because April 8 presents scheduling problems for LSW’s lead counsel (who would argue the motion) due to family/child responsibilities.’

LSW raised this issue with Plaintiffs’ counsel on March 13, 2013. Shapiro Dec. Ex. A at 5. LSW indicated that its counsel could be available on April 22 or, if necessary, April 15 (which is during a school vacation, but which LSW nevertheless proposed in order to provide as much flexibility on hearing dates as possible). Jd. Plaintiffs initially indicated that they were “amenable to moving the hearing date to April 22.” Id. However, they conditioned their assent on LSW agreeing to refrain from filing a motion to appoint a special master (which LSW will file on Monday). /d. LSW, unwilling to compromise substantive rights in order to receive the courtesy of assent to a hearing rescheduling, declined the condition. Thereafter, Plaintiffs stated that they would “not agree to move the April 8 hearing date.” Jd. at 3.

Plaintiffs apparently believe that LSW’s motion for a special master will be untimely (they think it was due by March 11, the deadline for filing class notice motions), and that rescheduling the hearing would somehow also extend the March 11 deadline. /d. However, as LSW has already informed Plaintiffs, LSW is seeking solely to reschedule a hearing by 1-2 weeks to accommodate a familial conflict not to alter the March 11 deadline. /d. at 2. Whatever timeliness argument Plaintiffs plan to press would remain unchanged. For the foregoing reasons, the hearing on Plaintiffs’ Motion for Approval of

Class Notice (Dkt. No. 403) should be rescheduled to April 22 (or April 15, if necessary).

' Per L.R. 7-19: lead opposing counsel is Brian Brosnahan of Kasowitz Benson Torres & Friedman LLP. 101 California St., Suite 2300, San Francisco, CA 94111. His phone

number is (415) 655-4337. His email address is bbrosnahan@kasowitz.com. oe EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS NOTICE, 10-09198 JVS(RNBx)

Cage 2:10-cv-09198-JVS-RNB Document 405 Filed 03/15/13 Page 4of5 Page ID #:18013

! || Respectfully submitted,

WILMER CUTLER PICKERING HALE AND DORR LLP

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

Andrea J. Robinson (pro hac vice) 7 Timothy J. Perla (pro hac vice)

Nn Or FP W WN

8 Attorneys for Defendant Life Insurance Company of 9 the Southwest

Zo sas EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS 28 NOTICE, 10-09198 JVS(RNBx)

Cage 2:10-cv-09198-JVS-RNB Document 405 Filed 03/15/13 Page5of5 Page ID #:18014

1 PROOF OF SERVICE

2 I am a resident of the Commonwealth of Massachusetts, over the age of eighteen | ears, and not a party to the within action. My business address is Wilmer Cutler Pickering 3 ale and Dorr LLP, 60 State Street, Boston, MA 02109. On March 15, 2013 I served the within document(s):

LSW’S EX PARTE APPLICATION TO RESCHEDULE HEARING

4

2

I placed the document(s) listed above in a sealed envelope with postage 6 thereon fully prepaid, in the United States mail at Palo Alto, CA 7 addressed as set forth below.

I personally caused to be emailed the document(s) listed above to the 8 person(s) at the address(es) set forth below.

I electronically filed the document(s) listed above via the CM/ECF 10 system.

I personally caused to be delivered by Facsimile the document(s) listed Mt above to the person(s) at the facsimile number(s) set forth below.

12 13 Brian P. Brosnahan 14 Charles N. Freiberg Jacob Foster 15 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 16 101 California Street, Suite 2300 San Francisco, CA 94111 17 (415) 358-4278 18 Harvey R. Levine 19 LEVINE & MILLER 20 550 West C. Street, Suite 1810 San Diego, CA 92101-8596 21 (619) 231-8638 22 23 04 /s/ Joel Fleming Joel Fleming 25 26 pai ah.

EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS 28 NOTICE, 10-09198 JVS(RNBx)