1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx) 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 HOWLETT, and MURIEL SPOONER on behalf of themselves and all others similarly situated, Plaintiff, vs. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-09198 JVS(RNBx) DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS Honorable James V. Selna Date: February 7, 2011 Time: 1:30 p.m. Courtroom: 10C Case 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 1 of 4 Page ID #:809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx) DECLARATION OF JONATHAN A. 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 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 Dismiss. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto. 2. The purpose of this Declaration is to place before the Court relevant documents referred to and integral to the Complaint, in support of Defendant Life Insurance Company of the Southwest’s Motion to Dismiss. 3. Attached hereto as Exhibit A is a true and correct copy of life insurance Policy LS0156670 purchased by Joyce Walker. 4. Attached hereto as Exhibit B is a true and correct copy of life insurance Policy LS0149017 purchased by Kim Bruce Howlett. 5. Attached hereto as Exhibit C is a true and correct copy of life insurance Policy LS0149018 purchased by Muriel Spooner. 6. Attached hereto as Exhibit D is a true and correct copy of a life insurance Illustration presented to and signed by Joyce Walker. 7. Attached hereto as Exhibit E is a true and correct copy of a life insurance Illustration presented to and signed by Kim Bruce Howlett. Case 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 2 of 4 Page ID #:810 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx) 8. Attached hereto as Exhibit F is a true and correct copy of a life insurance Illustration presented to and signed by Muriel Spooner. 9. Attached hereto as Exhibit G is a true and correct copy of the National Association of Insurance Commissioners’ Life Insurance Buyer’s Guide presented to each of the Plaintiffs. 10. Attached hereto as Exhibit H is a true and correct copy of the Minute Order Denying Defendant Life Insurance Company of the Southwest’s Motion to Dismiss the Second Amended Complaint in Krall v. Life Insurance Company of the Southwest, SACV 09-1043-JVS (RNBx) (C.D. Cal. June 28, 2010). 11. Attached hereto as Exhibit I is a true and correct copy of a Minute Order Granting Defendant Life Insurance Company of the Southwest’s Motion to Dismiss the First Amended Complaint in Krall v. Life Insurance Company of the Southwest, SACV 09-1043-JVS (RNBx) (C.D. Cal. Mar. 3, 2010). I declare under the penalty of perjury that the foregoing is true and correct. Executed this December 21, 2010, at Palo Alto, California. By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro Case 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 3 of 4 Page ID #:811 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS, 10-09198 JVS(RNBx) PROOF OF SERVICE I am a resident of the State of California, 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, 950 Page Mill Road, Palo Alto, CA 94304. On December 21, 2010, I served the within document(s): DECLARATION OF JONATHAN A. SHAPIRO IN SUPPORT OF DEFENDANT LIFE INSURANCE COMPANY OF THE SOUTHWEST’S MOTION TO DISMISS I placed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, CA addressed as set forth below. I personally caused to be hand delivered 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 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 California Street, Suite 2300 San Francisco, CA 94111 Harvey R. Levine LEVINE & MILLER 550 West C. Street, Suite 1810 San Diego, CA 92101-8596 /s/ Jonathan A. Shapiro Jonathan A. Shapiro Case 2:10-cv-09198-JVS-JDE Document 35 Filed 12/21/10 Page 4 of 4 Page ID #:812