JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx) ActiveUS 104640707v.2

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.

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Case No. 10-09198 JVS(RNBx) JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE Honorable James V. Selna Courtroom: 10C

Pursuant to Local Civil Rule 40-1, this Stipulation is made by and between

plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (“Plaintiffs”), and

defendant Life Insurance Company of the Southwest (“LSW”).

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RECITALS

WHEREAS, Plaintiffs filed a Motion for Leave to File a Third Amended

Complaint and a Motion for Class Certification of New and Remaining Claims

Relating to Current Basis Policy Values (the “Motions”) on January 7, 2013;

WHEREAS, Plaintiffs selected a date of February 4, 2013 as the hearing date

for Plaintiffs’ Motions;

WHEREAS, LSW’s Oppositions to Plaintiffs’ Motions are currently due on

January 14, 2013;

WHEREAS, Plaintiffs’ Replies to LSW’s Oppositions currently are due on

January 21, 2013;

WHEREAS, there have been no prior requests for extensions of time for this

hearing;

WHEREAS, counsel for LSW contacted counsel for Plaintiffs to request assent

to a continuance of the hearing, to which Plaintiffs’ counsel agreed;

WHEREAS, the parties have agreed to March 4, 2013 as an acceptable hearing

date that will work for all counsel;

WHEREAS, good cause exists to continue the hearing date to permit the parties

time to adequately research and brief the issues raised in Plaintiffs’ Motions in a way

that will be helpful to the Court in resolving the issues;

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WHEREAS, this continuance will extend the deadlines for LSW to file its

Oppositions to Plaintiffs’ Motion for Leave to File a Third Amended Complaint and

Plaintiffs’ Motion for Class Certification of New and Remaining Claims Relating to

Current Basis Policy Values to January 30, 2013;

WHEREAS, this continuance will extend the deadlines for Plaintiffs to file their

Replies to LSW’s Oppositions to February 15, 2013; and

WHEREAS, many of the deadlines in the present action have been postponed

pending the Ninth Circuit’s decision on LSW’s 23(f) petition and as such an extension

will not impact other deadlines.

NOW, THEREFORE, Plaintiffs and LSW, through their respective undersigned

counsel, hereby stipulate at follows:

1. The hearing date for Plaintiffs’ Motion for Leave to File a Third

Amended Complaint and Plaintiffs’ Motion for Class Certification of New and

Remaining Claims Relating to Current Basis Policy Values is continued for one

month until March 4, 2013;

2. LSW’s Oppositions to Plaintiffs’ Motions shall be due on January 30,

2013;

3. Plaintiffs’ Replies to LSW’s Oppositions shall be due on February 15,

2013.

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Respectfully submitted, WILMER CUTLER PICKERING HALE AND DORR LLP By: /s/ Jonathan A. Shapiro

Jonathan A. Shapiro (257199) Andrea J. Robinson Timothy J. Perla Attorneys for Defendant Life Insurance Company of the Southwest KASOWITZ, BENSON, TORRES & FRIEDMAN LLP By: /s/Brian P. Brosnahan

Brian P. Brosnahan (70890) Attorneys for Plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner Dated: January 8, 2013

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JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE, 10-09198 JVS(RNBx) ActiveUS 104640707v.2

PROOF 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 January 8, 2013, I served the within document(s):

 JOINT STIPULATION TO CONTINUE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION FOR CLASS CERTIFICATION HEARING DATE

 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.

Brian P. Brosnahan 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/ Joel Fleming

Joel Fleming

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