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In Re Conseco Life Insurance

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


July 14, 2011

IN RE CONSECO LIFE INSURANCE
LIFETREND INSURANCE COMPANY SALES AND MARKETING LITIGATION HEARING ON CONSECO LIFE'S

The opinion of the court was delivered by: Hon. Susan Illston

STIPULATION AND PROPOSED ORDER CONCERNING THE BRIEFING SCHEDULE OF AND MOTION TO DECERTIFY THE CLASS

Pursuant to Civil Local Rule 7-12, plaintiffs Cedric Brady, Dr. Charles Hovden, Dr. Marion Hovden, Dr. Eugene Kreps, Dr. John McNamara, Dr. Hisaji Sakai and Bill W. McFarland ("Plaintiffs") and defendant Conseco Life Insurance Company ("Conseco Life") respectfully submit this Stipulation And Proposed Order Concerning The Briefing Schedule Of And Hearing On Plaintiffs' Motions to Compel.

WHEREAS, on July 1, 2011, Conseco Life filed its Motion To Decertify The Class (Docket No. 185) ("Motion To Decertify");

WHEREAS, Plaintiffs' opposition to the Motion To Decertify is due on July 15, 2011 and Conseco Life's reply is due on July 22, 2011;

WHEREAS, the Motion To Decertify is scheduled for hearing on August 5, 2011; WHEREAS, because counsel for Plaintiffs have certain conflicts with this schedule, counsel for Plaintiffs and Conseco Life have conferred and agree upon a modified briefing 13 schedule and hearing date;

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

1. Plaintiffs may file their opposition to Conseco Life's Motion To Decertify no later than August 19, 2011;

2. Conseco Life may file its reply no later than September 16, 2011; and

3. A hearing on Conseco Life's Motion To Decertify may be scheduled for October 28, 2011, or at another time as the Court's schedule may permit.

DATED: July 13, 2011 Gilbert LLP By: /s/ Stephen A. Weisbrod August J. Matteis, Jr. Stephen A. Weisbrod LeadCounsel For Plaintiffs DATED: July 13, 2011 Skadden, Arps, Slate, Meagher & Flom LLP By: /s/ Christopher A. Lisy Raoul D. Kennedy James R. Carroll (Admitted Pro Hac Vice) David S. Clancy (Admitted Pro Hac Vice) Christopher A. Lisy (Admitted Pro Hac Vice) Attorneys for Defendant Conseco Life Insurance Company

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Christopher A. Lisy, am the ECF User whose ID and password are being used to file 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 13th day of July, 2011, at Houston, Texas.

By: /s/ Christopher A. Lisy Christopher A. Lisy

PURSUANT TO STIPULATION, IT IS SO ORDERED,

By:

20110714

© 1992-2011 VersusLaw Inc.



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