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In re Conseco Life Insurance Co. Lifetrend Insurance Sales and Marketing Litigation

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 16, 2010

IN RE CONSECO LIFE INSURANCE COMPANY LIFETREND INSURANCE SALES AND MARKETING LITIGATION

ALL CASES

STIPULATION AND [PROPOSED] ORDER CONCERNING FILING OF SUBMISSIONS SETTING FORTH AGENT DEPOSITION TESTIMONY RELATED TO CLASS CERTIFICATION

Plaintiffs Cedric Brady, Dr. Charles Hovden, Dr. Marion Hovden, Dr. Eugene Kreps, Dr. John McNamara, Dr. Hisaji Sakai, Jean Sakai and Bill W. McFarland ("Plaintiffs") and defendant Conseco Life Insurance Company ("Conseco") (together, the "Parties") HEREBY STIPULATE AND AGREE as follows:

1. Plaintiffs filed a motion for class certification on March 11, 2010 (Docket No. 15).

2. Conseco filed its opposition to Plaintiffs' motion for class certification on April 22, 2010 (Docket No. 25).

3. Conseco sought to take the depositions of the Plaintiffs' selling agents to develop the factual record on issues relating to Plaintiffs' motion for class certification. A dispute ensued with Plaintiffs about whether the depositions could appropriately proceed at this time, and the Court ruled that the depositions could proceed. Immediately thereafter, Conseco conferred with Plaintiffs and the witnesses about an agreeable schedule, and Conseco took the depositions of the three agents during the week of June 7-11, 2010.

4. Conseco submits that the deposition testimony elicited from the agents is highly relevant to the question of whether a class should be certified in this matter. A submission explaining that position and setting forth relevant testimony from the agent depositions is attached hereto as Exhibit A. Conseco submits that good cause exists to file this submission now, so that the Court may consider it in advance of the upcoming June 18, 2010 hearing on Plaintiffs' motion for class certification. With the Court's permission, Conseco will formally file this document on the docket.

5. Plaintiffs disagree that the agent testimony weighs against the certification of a nationwide class, but recognize that the Court may wish to have the benefit of briefing on this issue prior to the hearing on class certification. With the Court's permission, therefore, Plaintiffs would file a response in advance of the hearing, no later than 12:00 p.m. on June 17, 2010.

WHEREFORE, the Parties respectfully request that the Court permit Conseco to file a submission setting forth testimony from the recent agent depositions, and permit Plaintiffs to file a response no later than 12:00 p.m. on June 17, 2010.

DATED: June 15, 2010

Millstein & Associates By: David J. Millstein Attorneys for the Brady Plaintiffs

DATED: June 15, 2010

Gilbert LLP By: August J. Matteis, Jr. Attorneys for the Brady Plaintiffs

DATED: June 15, 2010

Berman DeValerio By: Michael Pucillo Joseph J. Tabacco Chris Heffelfinger Attorneys for Plaintiff McFarland

DATED: June 15, 2010

Skadden, Arps, Slate, Meagher & Flom LLP By: Raoul D. Kennedy James R. Carroll (Admitted Pro Hac Vice) Attorneys for Defendant Conseco Life Insurance Company

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, James R. Carroll, amtheECFUser whoseIDand passwordarebeingusedtofile this Stipulation And Proposed Order. In compliance with General Order 45.X.B, I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this 15th day of June, 2010, at Boston, Massachusetts.

By: James R. Carroll

PURSUANT TO STIPULATION, IT IS SO ORDERED,

Hon. Susan Illston

CERTIFICATE OF SERVICE

I, James R. Carroll, hereby certify that the foregoing document has been filed on June 15, 2010 through the ECF filing system.

I further certify that a copy of the foregoing document is being served by overnight courier on June 15, 2010 upon those counsel listed below not registered on the ECF filing system:

Michael J. Pucillo BERMAN DeVALERIO 4280 Professional Center Drive Suite 350 Palm Beach Gardens, FL 33410

Dated: June 15, 2010

20100616

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