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Burnett v. Conseco Life Ins. Co. et al.

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


January 31, 2012

BURNETT
v.
CONSECO LIFE INS. CO. ET AL. IN RE CONSECO LIFE INSURANCE COMPANY LIFETREND INSURANCE
SALES AND MARKETING LITIGATION

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendants respectfully submit this Stipulation And [Proposed] Order Scheduling The Initial Case Management Conference For April 3 26, 2013: 4 5 filed in the U.S. District Court for the Central District of California, and subsequently transferred to 6 this Court on November 20, 2012 by the Judicial Panel on Multidistrict Litigation; 7 8 WHEREAS, the Burnett action (Burnett v. Conseco Life Insurance Co. et al.) was initially WHEREAS, this Court has not yet scheduled an initial case management conference in the Burnett action; 9

10 briefed and which will be argued on February 1, 2013; 11 12 scheduled to begin on March 25, 2013 and counsel for Conseco Life is preparing for that trial; 13 14 scheduling reasons, the initial case management conference in the Burnett action should take place 15 after the trial on the certified class's claims; 16 17 follows: 18

19 action shall be held on April 26, 2013 at a time convenient to the Court, or at a date and time 20 thereafter that is convenient for the Court; 21

22 disclosures, a Civil Local Rule 16-9 Case Management Statement, and a Rule 26(f) conference 23 report (to the extent not covered by the Civil Local Rule 16-9 Case Management Statement) by one 24 week before the initial case management conference (e.g., by April 19, 2013 if the case 25 management conference is held on April 26, 2013); and 26

27 any documents required by Civil Local Rule 16-8. 28

WHEREAS, Defendants have filed a motion to dismiss the Burnett action, which is fully

WHEREAS, trial on the certified class's claims (in the Brady and McFarland actions) is

WHEREAS, counsel for all parties in the Burnett action have conferred and agree that, for

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

1. Subject to Court approval, the initial case management conference in the Burnett

2. The parties to the Burnett action shall serve or file their Rule 26(a)(1) initial

3. At the initial case management conference, the Court will set deadlines for filing

Dated: January 28, 2013 Respectfully submitted, 2 /s/ Stephen A. Weisbrod STEPHEN A. WEISBROD (Pro Hac Vice) 3 AUGUST J. MATTEIS, JR. (Pro Hac Vice) KATHLEEN M.S. HALE (Pro Hac Vice) 4 JOSHUA N. KATZ (Pro Hac Vice) NEESA SETHI (State Bar No. 263955) 5 Weisbrod Matteis & Copley PLLC 1900 M Street NW, Suite 850 6 Washington, D.C. 20036 Telephone: (202) 499-7900 7 Facsimile: (202) 478-1795 Email: sweisbrod@wmclaw.com 8 Email: amatteis@wmclaw.com Email: khale@wmclaw.com 9 Email: jkatz@wmclaw.com Email: nsethi@wmclaw.com 10 Attorneys for Plaintiffs 11 William Jeff Burnett and Joe H. Camp /s/ David S. Clancy RAOUL D. KENNEDY (State Bar No. 40892) 2 Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue, Suite 1100 3 Palo Alto, California 94301 Telephone: (650) 470-4500 4 Facsimile: (650) 470-4570 Email: Raoul.Kennedy@skadden.com 5 JAMES R. CARROLL (Pro Hac Vice) 6 DAVID S. CLANCY (Pro Hac Vice) CHRISTOPHER A. LISY (Pro Hac Vice) 7 Skadden, Arps, Slate, Meagher & Flom LLP One Beacon Street, 31st Floor 8 Boston, Massachusetts 02108 Telephone: (617) 573-4800 9 Facsimile: (617) 573-4822 Email: James.Carroll@skadden.com 10 Email: David.Clancy@skadden.com Email: Christopher.Lisy@skadden.com 11 Attorneys for Defendants

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

I, David S. Clancy, am the ECF User whose ID and password are being used to file 14 this Stipulation And Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. I 15 declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 16

Executed this 28th day of January 2013, at Boston, Massachusetts. 17 18

David S. Clancy

David S. Clancy

20120131

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