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In Re Conseco Life Insurance Co.

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


February 4, 2011

IN RE CONSECO LIFE INSURANCE CO.

The opinion of the court was delivered by: Stephen A. Weisbrod

STIPULATED REQUEST FOR ORDER LIFE TREND INSURANCE MARKETING AND [PROPOSED] ORDER AND SALES PRACTICE LITIGATION ) CHANGING TIME FOR FURTHER CASE MANAGEMENT CONFERENCE

Marion Hovden, Eugene Kreps, John McNamara, Hisaji Sakai, and Bill W. McFarland Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Cedric Brady, Charles Hovden, ("Plaintiffs") and Defendant Conseco Life Insurance Company ("Conseco") respectfully submit 4 this Stipulated Request for Order and [Proposed] Order Changing Time for Further Case 5 WHEREAS, on January 27, 2011, the Court entered an Order Referring Case to Magistrate Judge for Discovery Purposes, ECF No. 160, which vacated all discovery-related 8 hearings then currently scheduled before Judge Illston; 9 Plaintiffs, ECF Nos. 140, 141, 142, and 143, are scheduled to be heard by Magistrate Judge Chen 11 on Wednesday, March 9, 2011; 12 13 and Hearing on Plaintiffs' Motions to Compel, ECF No. 149, the Further Case Management 14 Conference ("Conference") is currently scheduled for Friday, February 11, 2011 and it was not 15 rescheduled by Judge Illston's Order or the Clerk's Notice; have conferred and agree to request that the Conference be continued until Wednesday, March 9,

IT THEREFORE IS STIPULATED AND AGREED, by and between the undersigned, as follows:

9, 2011, or at another time as the Court's schedule may permit; and advance of the Conference (March 2, 2011).

Dated: February 4, 2011 Respectfully submitted, Stephen A. Weisbrod (Admitted pro hac vice) WHEREAS, pursuant to the Clerk's Notice, ECF No. 162, the Motions to Compel filed by WHEREAS, pursuant to the Stipulation and Order Concerning the Briefing Schedule of WHEREAS, for purposes of efficient scheduling, counsel for Plaintiffs and Defendant 2011.

1. The Further Case Management Conference may scheduled for Wednesday, March

2. The Parties may file a joint case management statement no later than seven days in weisbrods@gotofirm.com Scott D. Gilbert (Admitted pro hac vice) gilberts@gotofirm.com August J. Matteis, Jr. (Admitted pro hac vice) matteisa@gotofirm.com Kathleen Hale (Admitted pro hac vice) halek@gotofirm.com GILBERT LLP 1100 New York Avenue, NW Suite 700 Washington, DC 20005 Telephone: (202) 772-2200 Facsimile: (202) 772-1924 David J. Millstein (CSB #87878) dmillstein@millstein-law.com MILLSTEIN & ASSOCIATES 100 The Embarcadero Suite 200 San Francisco, California 94105 Telephone: (415) 348-0348 Facsimile: (415) 348-0336 Joseph J. Tabacco, Jr. (CSB #75484) Christopher T. Heffelfinger (CSB #118058) Bing W. Ryan (CSB #228641) BERMAN DEVALERIO One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 Attorneys for Plaintiffs

James R. Carroll David S. Clancy Christopher A. Lisy SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP One Beacon Street, 31st Floor Boston, MA 02108 Counsel for Conseco Life Insurance Company I, Stephen A. Weisbrod am the ECF User whose ID and password are being used to file this Stipulated Request for Order Changing Time for Case Management Conference. In 4 compliance with General Order 45.X.B, I hereby attest that the concurrence in the filing of this 5 document has been obtained from each of the other signatories. I declare under penalty of perjury 6 under the laws of the United States of America that the foregoing is true and correct.

Executed this 4th day of February 2011 at Washington, DC 8 Stephen A. Weisbrod (Admitted pro hac vice)

PURSUANT TO STIPULATION, IT IS SO ORDERED. 11

Dated: 2/8/11

The Honorable Susan Illston United States District Court Judge

The case management conference is continued to 3/11/11 at 3 p.m. delivered on the following counsel via electronic filing:

Four Embarcadero Center, Suite 3800 San Francisco, California 94111 Email: Raoul.Kennedy@skadden.com James R. Carroll David S. Clancy Christopher A. Lisy

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

One Beacon Street, 31st Floor Boston, Massachusetts 02108 Email: James.Carroll@skadden.com Email: David.Clancy@skadden.com Email: Cale.Keable@skadden.com

CERTIFICATE OF SERVICE

I hereby certify that on February 4, 2011, a true and correct copy of the foregoing was Raoul D. Kennedy SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

20110204

© 1992-2011 VersusLaw Inc.



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