194 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION --oOo-- JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated, Plaintiffs, vs. Case No. CV-10-9198-JVS LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ DEPOSITION OF KIM BRUCE HOWLETT Thursday, May 10, 2012 VOLUME II (Pages 194 - 289) 2:10 P.M. 101 California Street 23rd Floor San Francisco, California Corey W. Anderson, CSR 4096 KIM BRUCE HOWLETT - Volume II May 10, 2012   Toll Free: 800.211.DEPO Facsimile: 415.591.3335 Suite 1100 44 Montgomery Street San Francisco, CA 94104 www.esquiresolutions.com Case 2:10-cv-09198-JVS -RNB Document 361-7 Filed 12/12/12 Page 1 of 4 Page ID #:16400 195 1 APPEARANCES OF COUNSEL 2 3 FOR THE PLAINTIFF: 4 Kasowitz, Benson, Torres and Friedman, LLP 101 California Street, Suite 2300 5 San Francisco California 94111 BY: CHARLES N. FREIBERG, ESQ. 6 415-421-6140 cfreiberg@kasowitz.com 7 Kasowitz, Benson, Torres and Friedman, LLP 8 101 California Street, Suite 2300 San Francisco California 94111 9 BY: JEANETTE T. BARZELAY, ESQ. 415-421-6140 10 jbarzelay@kasowitz.com 11 FOR THE DEFENDANT: 12 WilmerHale 950 Page Mill Road 13 Palo Alto, California 94304 BY: JONATHAN A. SHAPIRO, ESQ. 14 650-858-6101 jonathan.shapiro@wilmerhale.com 15 WilmerHale 16 950 Page Mill Road Palo Alto, California 94304 17 BY: JOEL FLEMING, ESQ. 650-858-6114 18 joel.fleming@wilmerhale.com 19 20 --oOo-- 21 22 23 24 25 KIM BRUCE HOWLETT - Volume II May 10, 2012   Toll Free: 800.211.DEPO Facsimile: 415.591.3335 Suite 1100 44 Montgomery Street San Francisco, CA 94104 www.esquiresolutions.com Case 2:10-cv-09198-JVS -RNB Document 361-7 Filed 12/12/12 Page 2 of 4 Page ID #:16401 251 1 Q. Did you say anything else to her? 2 A. (No response). 3 MR. FREIBERG: About the deposition or 4 this case? 5 THE WITNESS: Ah -- 6 MR. FREIBERG: Hold on. 7 What's the question? Or is the question 8 on any subject? 9 MR. SHAPIRO: Any subject. 10 MR. FREIBERG: Okay. You can testify as 11 to whether you talked to her about any other 12 subject. But you only need to talk about the 13 content to the extent it relates in any way to this 14 case. 15 MR. SHAPIRO: Counsel, are you instructing 16 the witness not to answer? 17 MR. FREIBERG: I think my instruction was 18 very clear. 19 MR. SHAPIRO: Not to me. 20 MR. FREIBERG: So you can answer the 21 question that's pending right now about whether 22 there were other subjects that you talked to her 23 about. 24 THE WITNESS: We likely talked about other 25 subjects. KIM BRUCE HOWLETT - Volume II May 10, 2012   Toll Free: 800.211.DEPO Facsimile: 415.591.3335 Suite 1100 44 Montgomery Street San Francisco, CA 94104 www.esquiresolutions.com Case 2:10-cv-09198-JVS -RNB Document 361-7 Filed 12/12/12 Page 3 of 4 Page ID #:16402 252 1 BY MR. FLEMING: 2 Q. What other subjects? 3 MR. FREIBERG: You can identify whether or 4 not generically there -- personal family matters or 5 something generically, but you don't need to provide 6 the content of personal matters between you and your 7 sister. 8 THE WITNESS: Our discussion would have -- 9 and I don't recall the details of this phone 10 conversation. But some of it was a personal matter. 11 And another part of it may have had to do 12 with her move -- moving. 13 BY MR. FLEMING: 14 Q. Did you tell her you turned over the 15 e-mail exchange between the two of you? 16 A. I mentioned that the e-mail exchange had 17 been provided, yes. 18 Q. Did you talk to her about your 19 application? 20 A. What application are you referring to? 21 Q. Your LSW policy application. 22 A. No. 23 MR. FLEMING: 30-second break. 24 THE VIDEOGRAPHER: Off the record at 4:30. 25 (Whereupon, a recess was taken KIM BRUCE HOWLETT - Volume II May 10, 2012   Toll Free: 800.211.DEPO Facsimile: 415.591.3335 Suite 1100 44 Montgomery Street San Francisco, CA 94104 www.esquiresolutions.com Case 2:10-cv-09198-JVS -RNB Document 361-7 Filed 12/12/12 Page 4 of 4 Page ID #:16403