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In Re Conseco Insurance Co. Annuity Marketing & Sales

March 30, 2011

IN RE CONSECO INSURANCE CO. ANNUITY MARKETING & SALES PRACTICES LITIG.


The opinion of the court was delivered by: Ronald M. Whyte United States District Court Judge

BARRACK, RODOS & BACINE STEPHEN R. BASSER (121590) 2 SAMUEL M. WARD (216562) 3 600 West Broadway, Suite 900 San Diego, CA 92101 4 Telephone: (619) 230-0800 Facsimile: (619) 230-1874 5 sbasser@barrack.com 6 sward@barrack.com 7 ROBBINS GELLER RUDMAN & DOWD LLP 8 JOHN J. STOIA, JR. (141757) 9 THEODORE J. PINTAR (131372) RACHEL L. JENSEN (211456) 10 STEVEN M. JODLOWSKI (239074) 655 West Broadway, Suite 1900 11 San Diego, CA 92101 12 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 13 jstoia@rgrdlaw.com tpintar@rgrdlaw.com 14 ptran@rgrdlaw.com 15 rjensen@rgrdlaw.com sjodlowski@rgrdlaw.com 16 Interim Co-Lead Counsel for Plaintiff 17 [Additional counsel appear on signature page.] *E-FILED - 3/30/11*

CLASS ACTION STIPULATION AND [] ORDER ADDING PLAINTIFF FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE

This Case Relates

To: ALL ACTIONS. STIPULATION TO ADD FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE WHEREAS, on January 27, 2006, Friou P. Jones ("Jones") filed an action, Jones v. Conseco Insurance Company, C-06-00537 (the "Jones Action"), against Conseco Insurance Company;

WHEREAS, the Jones Action related to Mr. Jones' purchase of a flexible premium deferred annuity in 2003, underwritten and issued by Conseco;

WHEREAS, in 2003, at the time of the purchase, Mr. Jones was 81 years old;

WHEREAS, Mr. Jones and Robert H. Hansen jointly filed a motion to relate and consolidate the Jones Action with Hansen v. Conseco Insurance Company, C-05-04726;

WHEREAS, on April 14, 2006, the Court granted the motion to consolidate and relate the cases under the caption In re: Conseco Insurance Co. Annuity Marketing & Sales Practices Litig., C-10 05-04726;

WHEREAS, prior to the filing of the First Amended Complaint, Mr. Jones remained an active participant in the litigation, including responding to document requests propounded by defendants;

WHEREAS, although a class member, the First Amended Complaint did not identify Mr. Jones as a class representative;

WHEREAS, Mr. Jones now seeks appointment as a class representative in this action pursuant16 to Rule 23(a)(3) and (4);

WHEREAS, solely for the purposes of this stipulation and the related stipulation of settlement, the parties agree that Mr. Jones' claims are typical of the claims of the proposed class; and

WHEREAS, solely for the purposes of this stipulation, and the related stipulation of settlement, the parties agree that Mr. Jones will fairly and adequately protect the interests of the proposed class.

NOW THEREFORE, it is hereby stipulated and agreed, by and among plaintiff and all defendants through their undersigned counsel, ...


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