EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS NOTICE, 10-09198 JVS(RNBx)

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, Plaintiffs, vs. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation, and DOES 1-50, Defendant.

Case No.: 10-09198 JVS(RNBx) EX PARTE APPLICATION TO RESCHEDULE HEARING ON PLAINTIFFS’ MOTION FOR APPROVAL OF CLASS NOTICE Judge James Selna Courtroom: 10C

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EX PARTE APPLICATION

Pursuant to Fed. R. Civ. Proc. 6(c)(1)(A) and Local Rule 7-19, Life Insurance

Company of the Southwest (“LSW”) respectfully files this ex parte application to

reschedule the hearing on Plaintiffs’ Motion for Approval of Class Notice. See Docket

No. 403. Plaintiffs oppose this motion.

On March 13, 2013, Jonathan Shapiro, counsel for LSW, contacted counsel for

Plaintiffs by email asking to reschedule the hearing, currently scheduled for April 8, and

advised them of the reason for the request. Declaration of Jonathan Shapiro (“Shapiro

Dec.”) ¶ 2, Ex. A at 5. On March 15, 2013 (following back-and-forth emails where

Plaintiffs first indicated they were “amenable” to rescheduling and then refused the

request), Mr. Shapiro contacted Jeanette Barzelay, counsel for plaintiffs, by telephone

and advised her that LSW would be filing an ex parte application that day to extend the

hearing and advised her, again, of the basis of the application. See Shapiro Dec. ¶ 3.

This motion is based on the attached memorandum of points and authorities, the

declaration of Jonathan Shapiro and exhibits thereto, the pleadings, records and files in

this case, and such other matters as may be considered by the Court.

DATED: March 15, 2013 Respectfully submitted, WILMER CUTLER PICKERING HALE AND DORR LLP By: /s/ Jonathan A. Shapiro

Jonathan A. Shapiro (257199) Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice) Attorneys for Defendant Life Insurance Company of the Southwest

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MEMORANDUM OF POINTS AND AUTHORITIES

LSW asks this Court to extend the hearing on Plaintiffs’ Motion for Approval of

Class Notice, currently scheduled for April 8, to April 22 (or, in the alternative, April 15),

because April 8 presents scheduling problems for LSW’s lead counsel (who would argue

the motion) due to family/child responsibilities.1

LSW raised this issue with Plaintiffs’ counsel on March 13, 2013. Shapiro Dec. Ex.

A at 5. LSW indicated that its counsel could be available on April 22 or, if necessary, April

15 (which is during a school vacation, but which LSW nevertheless proposed in order to

provide as much flexibility on hearing dates as possible). Id. Plaintiffs initially indicated

that they were “amenable to moving the hearing date to April 22.” Id. However, they

conditioned their assent on LSW agreeing to refrain from filing a motion to appoint a

special master (which LSW will file on Monday). Id. LSW, unwilling to compromise

substantive rights in order to receive the courtesy of assent to a hearing rescheduling,

declined the condition. Thereafter, Plaintiffs stated that they would “not agree to move the

April 8 hearing date.” Id. at 3.

Plaintiffs apparently believe that LSW’s motion for a special master will be untimely

(they think it was due by March 11, the deadline for filing class notice motions), and that

rescheduling the hearing would somehow also extend the March 11 deadline. Id.

However, as LSW has already informed Plaintiffs, LSW is seeking solely to reschedule a

hearing by 1-2 weeks to accommodate a familial conflict — not to alter the March 11

deadline. Id. at 2. Whatever timeliness argument Plaintiffs plan to press would remain

unchanged. For the foregoing reasons, the hearing on Plaintiffs’ Motion for Approval of

Class Notice (Dkt. No. 403) should be rescheduled to April 22 (or April 15, if necessary).

1 Per L.R. 7-19: lead opposing counsel is Brian Brosnahan of Kasowitz Benson Torres & Friedman LLP. 101 California St., Suite 2300, San Francisco, CA 94111. His phone number is (415) 655-4337. His email address is bbrosnahan@kasowitz.com.

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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 (pro hac vice) Timothy J. Perla (pro hac vice) Attorneys for Defendant Life Insurance Company of the Southwest

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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, MA 02109. On March 15, 2013 I served the within document(s):

 LSW’S EX PARTE APPLICATION TO RESCHEDULE HEARING

 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 emailed 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. I personally caused to be delivered by Facsimile the document(s) listed above to the person(s) at the facsimile number(s) set forth below.

Brian P. Brosnahan Charles N. Freiberg Jacob Foster KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 California Street, Suite 2300 San Francisco, CA 94111 (415) 358-4278 Harvey R. Levine LEVINE & MILLER 550 West C. Street, Suite 1810 San Diego, CA 92101-8596 (619) 231-8638

/s/ Joel Fleming

Joel Fleming

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