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[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL AND ENTERING AN ORDER REGARDING

DEPOSITIONS

Case No. CV 10-9198 JVS (RNBx)

1

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

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.

CASE NO.: CV 10-9198 JVS (RNBx)

[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION TO
COMPEL AND ENTERING AN
ORDER REGARDING
DEPOSITIONS

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL

AND ENTERING AN ORDER REGARDING DEPOSITIONS

The Court hereby GRANTS Plaintiffs Joyce Walker’s, Kim Bruce

Howlett’s, and Muriel Spooner’s (“Plaintiffs”) Motion to Compel and Motion for

an Order Regarding Depositions (the “Motion”). Accordingly, the Court:

(1)
Orders Defendant Life Insurance Company of the Southwest

(“Defendant” or “LSW”) to produce, by no later than three weeks from the date of

the hearing of this Motion, documents responsive to Document Request No. 125.

(2)
Orders LSW to provide a corporate designee to testify as to

Deposition Topic Nos. 5 and 33. LSW shall identify and produce for deposition,

by no later than January 10, 2013, the corporate designees who will testify as to the

above topics.

(3)
Orders that the “end date” for documents to be produced in this matter

will be 60 days prior to the operative close of non-expert fact discovery. If the

Case 2:10-cv-09198-JVS -RNB Document 358-1 Filed 12/12/12 Page 1 of 3 Page ID
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[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL AND ENTERING AN ORDER REGARDING

DEPOSITIONS

Case No. CV 10-9198 JVS (RNBx)

2

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

deadline for non-expert fact discovery is extended by the Court, the “end date”

shall be correspondingly extended to 60 days prior to the new operative close of

non-expert fact discovery. Prior to the close of non-expert fact discovery, LSW

shall make at least one additional supplemental production, which supplementation

shall include any responsive documents not previously produced that were created

on or before the “end date.”

(4)
Enters Plaintiffs’ proposed order concerning deposition conduct.

Accordingly, with respect to any future depositions in this matter:

(a)
All objections, except those which would be waived if not made

at the deposition under Federal Rule of Civil Procedure 32(d)(3)(B), and those

necessary to assert a privilege, to enforce a limitation on evidence directed by the

Court, or to present a motion pursuant to Federal Rule of Civil Procedure 30(d),

shall be preserved. Therefore, those objections need not and shall not be made

during the course of depositions.

(b)
Counsel shall not make objections or statements which might

suggest an answer to a witness. Counsel’s statements when making objections

should be succinct, verbally economical, and non-suggestive, stating the basis of

the objection and nothing more.

(c)
Counsel shall not direct or request that a witness not answer a

question, unless that counsel has objected to the question on the ground that the

answer is protected by a privilege or a limitation on evidence directed by the Court.

(d)
Counsel shall not engage in colloquy with the witness while a

question is pending. Any conferences that occur in violation of this guideline are a

proper subject for inquiry by deposing counsel to ascertain whether there has been

any witness-coaching and, if so, what.

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[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL AND ENTERING AN ORDER REGARDING

DEPOSITIONS

Case No. CV 10-9198 JVS (RNBx)

3

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

IT IS SO ORDERED.

Dated: ________________________

Honorable Robert N. Block
United States Magistrate Judge

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