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 JOINT STIPULATION REGARDING PROPOSED FIFTH AMENDED PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC Jonathan A. Shapiro (257199) 44 Montgomery Street San Francisco, California 94104 Tel: (415) 432-6000 Fax: (415) 432-6001 JAShapiro@mintz.com WILMER CUTLER PICKERING HALE AND DORR LLP Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice) 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 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 JOINT STIPULATION REGARDING PROPOSED FIFTH AMENDED PRETRIAL SCHEDULING ORDER Case 2:10-cv-09198-JVS-RNB Document 486 Filed 01/02/14 Page 1 of 4 Page ID #:21778 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 - 2 - JOINT STIPULATION REGARDING PROPOSED FIFTH AMENDED PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) Pursuant to Local Rule 7-1, Plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (“Plaintiffs”) and Defendant Life Insurance Company of the Southwest (“LSW”) (collectively, the “parties”), by and between their undersigned counsel, submit the following stipulation: WHEREAS, on December 17, 2013, the Court held a telephonic status conference with the parties and set a final pretrial conference for March 24, 2014 and trial for April 8, 2014; WHEREAS, the Court instructed the parties to confer and agree upon pretrial deadlines; WHEREAS, the parties thereafter conferred and agreed upon pretrial deadlines; WHEREAS, good cause exists to modify the dates in the Fourth Amended Pretrial Scheduling Order in order to conform pretrial deadlines to the dates for the final pretrial conference and the trial; WHEREAS, the proposed new deadlines conform to the Trial Order and Local Rule 16; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties: 1. All of the dates in the Fourth Amended Pretrial Scheduling Order shall be modified as set forth below. 2. Pursuant to the Trial Order and in compliance with Local Rule 16, all motions in limine shall be filed and served no later than February 24, 2014, four weeks (28 days) prior to the amended pretrial conference date. 3. Pursuant to and in compliance with Local Rule 16, the parties’ Pretrial Conference Order shall be lodged no later than March 13, 2014, 11 days before the amended pretrial conference date. 4. All Memoranda of Contentions of Fact and Law, Exhibit Lists, and Witness Lists shall be submitted no later than March 3, 2014, 21 days prior to the Case 2:10-cv-09198-JVS-RNB Document 486 Filed 01/02/14 Page 2 of 4 Page ID #:21779 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 - 3 - JOINT STIPULATION REGARDING PROPOSED FIFTH AMENDED PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) amended pretrial conference date. 5. Any rebuttal expert disclosures shall be served no later than December 31, 2013. 6. Any reply expert disclosures shall be served no later than January 28, 2014. 7. Expert discovery shall close on February 11, 2014. All expert depositions shall commence no later than February 11, 2014. 8. Pursuant to and in compliance with Local Rule 16, the parties’ Trial Briefs shall be submitted no later than April 1, 2014, seven (7) days before the amended trial date. 9. The timing and procedures for proposed jury instructions, special verdicts and voir dire questions are set forth in Docket No. 61, pp. 5-6. 10. The parties may seek modification of this Order at any time and for good cause shown. DATED: January 2, 2014 KASOWITZ BENSON TORRES & FRIEDMAN LLP By: /s/ Charles N. Freiberg Charles N. Freiberg Attorneys For Plaintiffs JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated WILMER CUTLER PICKERING HALE AND DORR LLP By: /s/ Timothy J. Perla Timothy J. Perla Case 2:10-cv-09198-JVS-RNB Document 486 Filed 01/02/14 Page 3 of 4 Page ID #:21780 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 - 4 - JOINT STIPULATION REGARDING PROPOSED FIFTH AMENDED PRETRIAL SCHEDULING ORDER Case No. CV 10-9198 JVS (RNBx) Attorneys For Defendant LIFE INSURANCE COMPANY OF THE SOUTHWEST Case 2:10-cv-09198-JVS-RNB Document 486 Filed 01/02/14 Page 4 of 4 Page ID #:21781