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[PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE
Case No. CV 10-9198 JVS (RNBx)

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DENIED

BY ORDER OF THE COURT

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
[PROPOSED] ORDER TO
CONTINUE THE DEADLINE FOR
WRITTEN DISCOVERY, AND TO
ABATE THE DATES SET FORTH
IN THE SECOND AMENDED
PRETRIAL SCHEDULING ORDER
IF A RULE 23(F) PETITION IS
FILED

Case 2:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 1 of 3 Page ID
#:14630

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[PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE
Case No. CV 10-9198 JVS (RNBx)

Having reviewed the parties’ Joint Stipulation to Continue the Deadline for

Written Discovery, and to Abate the Dates Set Forth in the Second Amended

Pretrial Scheduling Order if a Rule 23(f) Petition is Filed, and good cause

appearing therefore, the Court issues the following Order:

1.
The September 21, 2012 deadline for written discovery shall be

continued until 21 days after the Court enters an order on Plaintiffs’ motion for

class certification, unless a Rule 23(f) petition is filed with the Ninth Circuit (in

which case the deadline for written discovery shall be abated pending resolution of

the petition) (see infra, ¶5).

2.
If no Rule 23(f) petition is filed following the Court’s ruling on

Plaintiffs’ motion for class certification and a class has been certified, the parties

will promptly meet and confer regarding the dates in the Second Amended Pretrial

Scheduling Order and will file a new proposed scheduling order or orders with the

Court that will provide for sufficient time to prepare a class notice, obtain Court

approval of a class notice, to disseminate that class notice, and to receive any opt-

out requests and responses thereto.

3.
If, following the Court’s ruling on Plaintiffs’ motion for class

certification, a Rule 23(f) petition is filed with the Ninth Circuit to appeal the

Court’s ruling, all dates set forth in the Second Amended Pretrial Scheduling Order

shall be abated.

4.
If a Rule 23(f) petition is filed, the parties will proceed with

previously propounded written discovery (excluding depositions) and any motions

to compel related thereto.

5.
All other discovery, including depositions and written discovery not

previously propounded, will be deferred until the Ninth Circuit rules on any Rule

23(f) petition that is filed. All discovery may proceed if and at the time the Ninth

Circuit denies any such petition. Within fourteen days of the Ninth Circuit’s ruling

denying any such petition, the parties will file a new proposed scheduling order or

Case 2:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 2 of 3 Page ID
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[PROPOSED] ORDER TO CONTINUE WRITTEN DISCOVERY AND ABATE THE PRETRIAL SCHEDULE
Case No. CV 10-9198 JVS (RNBx)

DENIED

BY ORDER OF THE COURT

orders with the Court.

6.
If the Court grants Plaintiffs’ motion for class certification (in whole

or in part), the parties will meet and confer regarding a mutually acceptable class

notice while any Rule 23(f) petition is pending so that the class notice may be

submitted, or any disputes related thereto resolved, promptly following the Ninth

Circuit’s ruling on the Rule 23(f) petition.

IT IS SO ORDERED.
Dated: September 19, 2012

Honorable James V. Selna
United States District Judge

Case 2:10-cv-09198-JVS -RNB Document 331 Filed 09/19/12 Page 3 of 3 Page ID
#:14632