Case 2:10-cv-09198-JVS-RNB Document 428-1 Filed 05/03/13 Page 2 o0f3 PageID #:18811

Jonathan A. Shapiro (257199)

MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC 44 Montgomery Street

San Francisco, California 94104

Tel: (415) 432-6000

Fax: (415) 432-6001

JAShapiro @ mintz.com

Andrea J. Robinson (pro hac vice)

Timothy J. Perla (pro hac vice)

WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street

Boston, Massachusetts 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.: CV 10-9198-JVS(RNBx) HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated, [CORRECTED] DECLARATION OF JONATHAN A. SHAPIRO

Plaintiffs,

vs. LIFE INSURANCE COMPANY OF THE

SOUTHWEST, a Texas corporation, and DOES 1-50

Defendant.

BR WO NO

Case 2:10-cv-09198-JVS-RNB Document 428-1 Filed 05/03/13 Page 3o0f3 Page!D #:18812

[CORRECTED] DECLARATION OF JONATHAN SHAPIRO

I, Jonathan A. Shapiro, declare as follows:

1. I am an attorney duly licensed to practice law in the State of California and before this Court. I am a Member of the law firm of Mintz Levin Cohn Ferris Glovsky and Popeo PC and represent Defendant Life Insurance Company of the Southwest (“LSW’) in the above-entitled action. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto.

2, On April 9, 2013, Joel Fleming and I spoke by telephone with Jeanette Barzelay of Kasowitz, Benson, Torres & Friedman LLP, counsel for Plaintiffs in the above- entitled action. During that conversation, we asked Ms. Barzelay whether Plaintiffs could identify a date by which they expected to update Plaintiffs’ Responses to LSW’s Interrogatory No. 10, which asks Plaintiffs to state the names of all members of the Illustrations Subclass. Ms. Barzelay replied that she would “get back” to us. We have heard nothing further from Plaintiffs about this issue.

I declare under the penalty of perjury that the foregoing is true and correct. Executed

this 3rd day of May, 2013, at San Francisco, California.

By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro

[CORRECTED] DECLARATION OF JONATHAN SHAPIRO, 10-09198-JVS(RNBx)