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 JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE Case No. CV 10-9198 JVS (RNBx) KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111 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 California DECLARATION OF JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE Magistrate Judge Robert N. Block Date: August 21, 2012 Time: 9:30 a.m. Courtroom: 6D Discovery Cutoff: November 5, 2012 Pretrial Conference: January 14, 2013 Trial Date: January 24, 2013 Case 2:10-cv-09198-JVS -RNB Document 280 Filed 07/31/12 Page 1 of 2 Page ID #:12487 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 JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE Case No. CV 10-9198 JVS (RNBx) KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111 1. I am an attorney authorized to practice in the courts of California and in the United States District Court for the Central District of California. I am an associate of Kasowitz, Benson, Torres & Friedman, LLP, counsel for Plaintiffs in these proceedings. I have personal knowledge of the facts stated herein and if required could and would testify under oath thereto. 2. Attached hereto as Exhibit A is a true and correct copy of Judge Selna’s procedures and standing orders. 3. Attached hereto as Exhibit B are true and correct copies of excerpts from and an errata sheet to the deposition transcript of Donna Morgan, submitted to Plaintiffs by Defendant Life Insurance Company of the Southwest (“LSW”). 4. Attached hereto as Exhibit C is a true and correct copy of an annual statement, dated September 26, 2008, showing the amount of charges Mr. Howlett paid in the first year of his policy. The charges displayed on Howlett Exhibit 11 (submitted as Exhibit D to the Declaration of Timothy Perla in support of LSW’s Motion to Strike) in the first policy year ($1,776) are roughly 14 times lower than the charges applied to Mr. Howlett’s policy during his first year owning the policy ($25,204). See Exhibit C attached hereto. The handwritten numbers on Exhibit 12 (submitted as Exhibit E to the Perla Declaration) reflect the fee amounts applied to Mr. Howlett’s policy during the first policy year. See Exhibit C attached hereto. 5. Attached hereto as Exhibit D is a true and correct copy of Plaintiffs’ Responses to LSW’s Third Set of Interrogatories, dated June 14, 2012. DATED: July 30, 2012 KASOWITZ BENSON TORRES & FRIEDMAN LLP By: /s/ Jeanette T. Barzelay Jeanette T. Barzelay Case 2:10-cv-09198-JVS -RNB Document 280 Filed 07/31/12 Page 2 of 2 Page ID #:12488