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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL

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

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

LAW OFFICES OF CRAIG A. MILLER CRAIG A. MILLER (SBN 116030) 225 Broadway, Suite 1310 San Diego, CA 92101 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,

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

PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL AND FOR AN ORDER REGARDING DEPOSITIONS

Magistrate Judge Robert N. Block

Date: January 2, 2013 Time: 9:30 a.m. Courtroom: 6D

Discovery Cutoff: January 21, 2013 Pretrial Conference: April 29, 2013 Trial Date: May 14, 2013

Case 2:10-cv-09198-JVS -RNB Document 358 Filed 12/12/12 Page 1 of 3 Page ID #:15517

PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL

TO THE COURT, DEFENDANT, AND ALL COUNSEL OF RECORD:

PLEASE TAKE NOTICE that on January 2, 2013, or on such other date as

the matter may be heard, in Courtroom 6D, located at 411 West Fourth Street,

Santa Ana, California, 92701, Plaintiffs Joyce Walker, Muriel Lynn Spooner, and

Kim Bruce Howlett (collectively, “Plaintiffs”) will, and hereby do, move the Court

for an order compelling the further production of documents and deposition

testimony by defendant Life Insurance Company of the Southwest (“Defendant” or

“LSW”), and for an order regarding depositions.

Specifically, Plaintiffs respectfully request that the Court enter an order

(1) compelling LSW to produce documents responsive to Document Request No.

125; (2) compelling LSW to produce documents created after May 5, 2012 and

ordering that LSW has violated the Court’s prior order setting the “end date” for

production of documents as 60 days prior to the close of non-expert fact discovery

(see Dkt. 99); (3) compelling LSW to provide deposition testimony responsive to

Deposition Topic Nos. 5 and 33; and (4) entering Plaintiffs’ proposed order

concerning deposition conduct. This motion is made on the grounds that (1) the

above-described documents and deposition topics are relevant to Plaintiffs’ claims

and/or LSW’s defenses, and LSW has failed to demonstrate that production of

these documents or deposition testimony would be unduly burdensome; (2) the

Court previously ruled that the “end date” for production would be 60 days prior to

the discovery cutoff date; and (3) the conduct by LSW’s counsel during

depositions in this matter warrants additional guidance from the Court concerning

appropriate deposition conduct.

This Motion is made following several conferences between counsel pursuant

to Local Rules 7-3 and 37-1. This Motion is based upon this Notice of Motion, the

accompanying Joint Stipulation of Points and Authorities, the Declaration of

Case 2:10-cv-09198-JVS -RNB Document 358 Filed 12/12/12 Page 2 of 3 Page ID #:15518

PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL

Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300

SAN FRANCISCO, CALIFORNIA 94111

Jeanette T. Barzelay and supporting Exhibits, and on such other evidence or

argument as may be presented at or before the hearing.

DATED: December 12, 2012 KASOWITZ BENSON TORRES & FRIEDMAN LLP

By: /s/ Brian P. Brosnahan

Brian P. Brosnahan

Attorneys For Plaintiffs JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated

Case 2:10-cv-09198-JVS -RNB Document 358 Filed 12/12/12 Page 3 of 3 Page ID #:15519