Case 2:10-cv-09198-JVS-RNB Document 408-4 Filed 03/18/13 Page1of4 Page!D #:18185

1 || JONATHAN A. SHAPIRO (257199) WILMER CUTLER PICKERING HALE AND DORR LLP 2 ||950 Page Mill Road Palo Alto, CA 94304 3 ||Tel: (650) 858-6101 Fax: (650) 858-6100 4 ||jonathan.shapiro @ wilmerhale.com a 6

ANDREA J. ROBINSON (PRO HAC VICE) TIMOTHY J. PERLA (PRO HAC VICE) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street

7 || Boston, MA 02109 Tel: (617) 526-6000

8 |}Fax: (617) 526-5000 andrea.robinson @ wilmerhale.com

9 || ttmothy.perla@ wilmerhale.com Attorneys for Defendant Life Insurance

10 || Company of the Southwest

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION 14 15 1] JOYCE WALKER, KIM BRUCE Case No.: 10-09198 JVS(RNBx) HOWLETT, and MURIEL SPOONER 16 |) on behalf of themselves and all others DECLARATION OF TIMOTHY PERLA similarly situated, IN SUPPORT OF MOTION TO 17 APPOINT A SPECIAL MASTER Plaintiffs, 18 Judge James Selna VS. Courtroom: 10C

LIFE INSURANCE COMPANY OF 20 || THE SOUTHWEST, a Texas corporation, and DOES 1-50,

Defendant.

28 || DECLARATION OF TIMOTHY PERLA IN SUPPORT OF MOTION TO APPOINT A SPECIAL MASTER, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS-RNB Document 408-4 Filed 03/18/13 Page 2of4 Page!D #:18186

DECLARATION OF TIMOTHY J. PERLA

I, Timothy J. Perla, declare as follows:

1. I am an attorney duly licensed to practice law in the Commonwealth of Massachusetts and before this Court. I am a Partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for Defendant in the above-entitled action. I respectfully submit this Declaration in support of Defendant Life Insurance Company of the Southwest’s Motion to Appoint a Special Master. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.

2. Based upon the data set forth in the document bearing bates number LSW00037 142, I determined that the maximum amount of gross premium paid by any LSW SecurePlus Provider or SecurePlus Paragon policyholder was $6,827,696, and the minimum (non-zero) amount of gross premium paid was $11. I also determined that the top quartile (25%) of policies, sorted by gross premium paid, accounted for 85.46% of all premiums paid. Finally, using Microsoft Excel, I determined that the standard deviation of gross premiums paid was approximately $55,910.

3. In January and February 2013, LSW produced policy files for all SecurePlus Provider and SecurePlus Paragon policies issued in California from September 24, 2006 to December 6, 2012 (the date that LSW began extracting files). These productions totaled 8,885,263 pages.

3. Attached hereto as Exhibit A is a true and correct copy of excerpts from the September 18, 2012 oral argument on Plaintiffs’ motion to certify a class.

4. Attached hereto as Exhibit B is a true and correct copy of Plaintiffs’ Responses to LSW’s Fourth Set of Interrogatories.

5. Attached hereto as Exhibit C is a true and correct copy of excerpts from the transcript of the deposition of Muriel Spooner.

DECLARATION OF TIMOTHY PERLA IN SUPPORT OF MOTION TO APPOINT A SPECIAL MASTER, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS-RNB Document 408-4 Filed 03/18/13 Page 3of4 PageID #:18187

6. Attached hereto as Exhibit D is a true and correct copy of a Sales Illustration Certification form completed by a non-party policyholder bearing the bates number LSW 00078893, which has been redacted for confidentiality reasons.

ce Attached hereto as Exhibit E is a true and correct copy of a Request to Amend New Issue Application form completed by a non-party policyholder bearing the bates number LSW 00083150, which has been redacted for confidentiality reasons.

8. Attached hereto as Exhibit F is a true and correct copy of the Court’s tentative order of September 14, 2012 granting in part and denying in part Plaintiffs’ motion for class certification.

I declare under the penalty of perjury that the foregoing is true and correct. Executed this 18" day of March, 2013, at Boston, Massachusetts.

By: /s/Timothy J. Perla Timothy J. Perla

oe DECLARATION OF TIMOTHY PERLA IN SUPPORT OF MOTION TO APPOINT A SPECIAL MASTER, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS-RNB Document 408-4 Filed 03/18/13 Page 4of4 Page!D

#:18188

CERTIFICATE 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 March 18, 2013 I served the within document(s):

DECLARATION OF TIMOTHY PERLA IN SUPPORT OF LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO APPOINT A SPECIAL MASTER; EXHIBITS THERETO

I placed the document(s) listed above in a sealed envelope with postage ang fully prepaid, in the United States mail addressed as set forth elow.

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

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

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

Charles N. Freiberg

Brian P. Brosnahan

Jacob N. Foster

Jeanette T. Barzela

KASOWITZ, BENSON, TORRES & FREIDMAN LLP 101 California Street, Suite 2300

San Francisco, CA 94111

cfreiberg @ kasowitz.com

bbrosnahan @ kasowitz.com

jfoster @kasowitz.com

Harvey R. Levine

Levine & Miller

550 West C Street, Suite 1810 San Diego, CA 92101 Imsh@levinelaw.com

Craig A. Miller

Law Offices of Craig A. Miller 225 Broadway, Suite 1310

San Diego, CA 92101 cmiller@craigmillerlaw.com

/s/ Joel Flemin Joel Fleming

-4-

DECLARATION OF TIMOTHY PERLA IN SUPPORT OF MOTION TO APPOINT A SPECIAL MASTER, 10-09198

JVS(RNBx)