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[PROPOSED] SECOND AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING JOINT

STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

8089739v2 4/46/2011 32:1815 PM

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 LEVINE & MILLER HARVEY R. LEVINE (SBN 61879) CRAIG A. MILLER (SBN 116030) LEVINE & MILLER 550 West C Street, Suite 1810 San Diego, CA 92101-8596 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, v. 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 CA SECOND AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING JOINT STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER

Case 2:10-cv-09198-JVS -RNB Document 248 Filed 06/22/12 Page 1 of 3 Page ID #:11017

Case 2:10-cv-09198-JVS -RNB Document 277-5 Filed 07/31/12 Page 2 of 4 Page ID #:12409

[PROPOSED] SECOND AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING JOINT

STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) 1

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

The Court, having reviewed Plaintiffs Joyce Walker’s, Muriel Lynn

Spooner’s, and Kim Bruce Howlett’s (“Plaintiffs”) and Defendant Life Insurance

Company of the Southwest’s Joint Stipulation to Modify the Pretrial Scheduling

Order (the “Joint Stipulation”) and the parties’ papers filed in connection

therewith, hereby GRANTS the Joint Stipulation and ORDERS that Paragraph

Nos. 3 and 4 are amended as set forth below:

1. The trial date is set for January 24, 2013 at 8:30 a.m. The pretrial

conference will take place on January 14, 2013 at 11:00 a.m.

2. Class and merits discovery shall not be bifurcated and shall proceed

simultaneously. Fact discovery will remain open until November 5, 2012.

3. Pursuant to the Trial Order, all interrogatories, requests for

documents, and requests for admission shall be served no later than September 21,

2012, and all depositions (other than expert depositions) shall commence no later

than October 29, 2012.

4. Expert discovery will remain open until December 20, 2012. In

accordance with Rule 26(a)(2), the parties shall submit their expert disclosures no

later than October 25, 2012, any rebuttal expert disclosures no later than November

15, 2012, and any reply expert disclosures no later than December 6, 2012. All

expert depositions shall commence no later than December 20, 2012.

5. Plaintiffs may take 3 days of Rule 30(b)(6) depositions, which shall

count as one deposition against the limit of 10 depositions permitted under Rule

30. Plaintiffs may request that the Court modify this order to permit additional

time if needed to fairly examine the 30(b)(6) deponents.

6. The last date for hearing motions will be seven weeks before the trial

date, or December 6, 2012. The Court orders that all motions shall be served and

filed no later than November 2, 2012. The parties will meet and confer to agree on

briefing schedules and will submit them to the Court for approval.

///

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Case 2:10-cv-09198-JVS -RNB Document 277-5 Filed 07/31/12 Page 3 of 4 Page ID #:12410

[PROPOSED] SECOND AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING JOINT

STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) 2

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

7. Pursuant to the Trial Order and in compliance with Local Rule 6, all

motions in limine shall be filed and served no later than December 17, 2012, four

weeks prior to the scheduled pretrial date of January 14, 2013.

8. Pursuant to and in compliance with Local Rule 16, the parties’ Pretrial

Conference Order shall be lodged no later than January 4, 2013.

9. Pursuant to and in compliance with Local Rule 16, all Memoranda of

Contentions of Fact and Law, Exhibit Lists, and Witness Lists shall be submitted

no later than December 21, 2012, three and a half weeks prior to the scheduled

pretrial date.

10. The parties will participate in a non-judicial dispute resolution

proceeding, Settlement Procedure Number 3 under Local Rule 16-15.4. The last

date for completion of this Settlement Procedure shall be no later than the close of

fact discovery.

11. Plaintiffs will file their motion for class certification on or before May

14, 2012. The parties will meet and confer to agree on a briefing schedule for that

motion and will submit it to the Court for approval.

12. The parties may seek modification of this Order at any time and for

good cause shown.

IT IS SO ORDERED.

Dated: June 22, 2012 __________________ _________

Honorable James V. Selna United States District Judge

Case 2:10-cv-09198-JVS -RNB Document 248 Filed 06/22/12 Page 3 of 3 Page ID #:11019

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