8144486v3 7/1/2013 4:14 PM 8144486v3 7/1/2013 4:14 PM 8144486v3 7/1/2013 4:14 PM 8144486v3 7/1/2013 4:14 PM 8144486v3 7/1/2013 4:14 PM [PROPOSED] FIFTH AMENDED PRETRIAL SCHEDULING ORDER

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

8089739v2 4/46/2011 32:1815 PM

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,

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] FIFTH AMENDED PRETRIAL SCHEDULING ORDER

Case 2:10-cv-09198-JVS-RNB Document 456-1 Filed 07/01/13 Page 1 of 4 Page ID #:20248

[PROPOSED] FIFTH AMENDED PRETRIAL SCHEDULING ORDER

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

Having reviewed the parties’ Proposed Fifth Amended Pretrial Scheduling

Order, and good cause appearing therefore, the Court issues the following Order:

1. All of the dates in the Fourth Amended Pretrial Scheduling Order

shall be modified as set forth below.

2. The trial date will be June 30, 2014. The pretrial conference will take

place two weeks before the amended trial date, on June 16, 2014, in accordance

with the Court’s presumptive pretrial schedule.

3. The parties will participate in a non-judicial dispute resolution

proceeding, Settlement Procedure Number 3 under Local Rule 16-15.4, which shall

commence by no later than October 1, 2013.

4. The production end date (as referenced in Magistrate Judge Block’s

December 14, 2012 Minute Order, Docket No. 365) will be August 15, 2013.1 The

parties shall begin making any supplemental productions by no later than October

1, 2013 and shall complete making any supplemental productions by no later than

November 1, 2013.

5. Non-expert fact discovery shall remain open until December 6, 2013.

Pursuant to the Trial Order, all depositions shall commence no later than 5 working

days before the close of non-expert fact discovery, by November 29, 2013, and

shall be completed by no later than December 6, 2013.

6. The deadline for written discovery passed on December 4, 2012, and

is not extended or re-opened by this stipulation. Notwithstanding this deadline,

either party may propound additional written discovery pursuant to any Order by

the Court permitting such additional written discovery upon good cause shown.

Nothing in this Order shall be interpreted as a waiver of a propounding party’s

1 If the Court extends the date set for the close of fact discovery for any reason, then, absent contrary order or agreement of the parties, the production end date shall revert to 60 days prior to the operative close of fact discovery, without prejudice to LSW’s right to seek modification of that order for good cause shown.

Case 2:10-cv-09198-JVS-RNB Document 456-1 Filed 07/01/13 Page 2 of 4 Page ID #:20249

[PROPOSED] FIFTH AMENDED PRETRIAL SCHEDULING ORDER

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

right to seek supplementation of the responding party’s responses to any previously

propounded written discovery requests as required by the Federal Rules, by Court

Order, by any other applicable rule, or pursuant to any agreement between the

parties.

7. Notice pursuant to Rule 23(c)(2)(B) shall be sent to members of the

class by no later than November 1, 2013. The opt-out period shall close 90 days

after class notice is sent, and by no later than January 30, 2014.

8. Expert discovery will remain open until March 10, 2014. The parties

shall submit their expert disclosures (for other than rebuttal experts) by no later

than eight weeks (56 days) prior to the amended close of expert discovery (January

13, 2014), any rebuttal expert disclosures no later than four weeks (28 days) prior

to the amended close of expert discovery (February 10, 2014), and any reply expert

disclosures no later than two weeks (14 days) prior to the amended close of expert

discovery (February 24, 2014). All expert depositions shall be completed no later

than the date for the amended close of expert discovery.

9. The last date for hearing motions (other than motions in limine,

including motions challenging trial experts) will be seven weeks (49 days) before

the trial date, on May 12, 2014. Except as otherwise set forth below, all motions

shall be served and filed no later than four weeks (28 days) before the last date for

hearing motions, by April 14, 2014.

10. With respect to any motion for summary judgment that may be filed,

the time between the filing of any summary judgment motion and the hearing date

shall be no less than 53 days. The last date for filing any motion for summary

judgment that may be filed shall be March 20, 2014, 53 days before the last date

for hearing motions. Absent contrary order or agreement by the parties, any

opposition to a motion for summary judgment shall be filed no more than 25 days

after the date the motion is made (and by no later than April 14, 2014), and any

reply shall be filed no more than 14 days after the opposition is filed (and by no

Case 2:10-cv-09198-JVS-RNB Document 456-1 Filed 07/01/13 Page 3 of 4 Page ID #:20250

[PROPOSED] FIFTH AMENDED PRETRIAL SCHEDULING ORDER

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

later than April 28, 2014).

11. Pursuant to the Trial Order and in compliance with Local Rule 6, all

motions in limine (including motions challenging trial experts) shall be filed and

served no later than four weeks (28 days) prior to the amended pretrial conference

date, on May 19, 2014.

12. Pursuant to and in compliance with Local Rule 16, all Memoranda of

Contentions of Fact and Law, Exhibit Lists, and Witness Lists shall be submitted

no later than three weeks (21 days) prior to the amended pretrial conference date,

on May 26, 2014.

13. Pursuant to and in compliance with Local Rule 16, the parties’ Pretrial

Conference Order shall be lodged no later than 11 days before the amended pretrial

conference date, on June 5, 2014.

14. The timing and procedures for proposed jury instructions, special

verdicts and voir dire questions are set forth at Docket No. 61, pp. 5-6.

15. The parties may seek modification of this Order at any time and for

good cause shown.

IT IS SO ORDERED.

Dated: ______________________

Honorable James V. Selna United States District Judge

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