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In Re Conseco Life Insurance Company Lifetrend Insurance Sales and Marketing Litigation

November 16, 2012

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


The opinion of the court was delivered by: David S. Clancy David S. Clancy

ALL CASES

STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF THE HEARING ON THE PENDING 20 SUMMARY JUDGMENT AND ) DECERTIFICATION MOTIONS, AND ADJUSTING THE BRIEFING ON THE ) SUMMARY JUDGMENT MOTIONS

Pursuant to Civil Local Rule 7-12, Plaintiffs and defendant Conseco Life Insurance Company ("Conseco Life") respectfully submit this Stipulation And [Proposed] Order Changing 3 The Date Of The Hearing On The Pending Summary Judgment And Decertification Motions, And 4 Adjusting The Briefing On The Summary Judgment Motions: 5 6 and Conseco Life has filed a motion for decertification (Docket No. 393) and a motion for 7 summary judgment (Docket No. 402); 8 9 their motion for partial summary judgment by November 16, 2012, which under Civil Local Rules 10

WHEREAS, Plaintiffs have filed a motion for partial summary judgment (Docket No. 387)

WHEREAS, Plaintiffs have previously committed to filing their reply in further support of 7-3(c) and 7-4(b), may be up to 15 pages; 11

12 by November 30, 2012, which under Civil Local Rules 7-3(a) and 7-4(b), may be up to 25 pages; 13 14 not to exceed 30 pages, (1) in further support of their motion for partial summary judgment, and 15

WHEREAS, Plaintiffs' opposition to Conseco Life's motion for summary judgment is due

WHEREAS, Plaintiffs propose to file no later than November 16, 2012, a combined brief, (2) in opposition to Conseco Life's motion for summary judgment; 16 17 summary judgment (not to exceed the 15 pages provided by Civil Local Rules 7-3(c) and 7-4(b)) 18 no later than November 26, 2012; 19 20 summary judgment, Conseco Life's motion for summary judgment, and Conseco Life's motion for 21 decertification will be completed by November 26, 2012; 22 parties, after consulting with the Court, propose to schedule the hearing on those motions for 25

WHEREAS, Conseco Life proposes to file a reply brief in further support of its motion for

WHEREAS, under this proposed approach, the briefing on Plaintiffs' motion for partial

WHEREAS, a hearing on all three motions is now scheduled for December 7, 2012;

WHEREAS, counsel for Conseco Life has a conflict on December 7, 2012 and therefore the December 5, 2012 at 4:00 p.m. PST; 26

27 follows: 28

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

1. The hearing on Plaintiffs' motion (Docket No. 387) and Conseco Life's motions (Docket Nos. 393 & 402) will be held on December 5, 2012 at 4:00 p.m. PST. 3

4 support of their motion for partial summary judgment and (b) their opposition to Conseco Life's 5 motion for summary judgment is November 16, 2012; 6 summary judgment is November 26, 2012; 8

9 action (including the date of the final pretrial conference, which is scheduled for March 12, 2013 at 10

2. Plaintiffs' deadline to submit a combined brief, not to exceed 30 pages, (a) in further

3. Conseco Life's deadline to submit its reply in further support ...


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