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In Re Conseco Life Insurance Co.

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


January 18, 2013

IN RE CONSECO LIFE INSURANCE CO.
LIFETREND INSURANCE MARKETING AND SALES PRACTICES LITIGATION

The opinion of the court was delivered by: Hon. Elizabeth D. Laporte Judge: United States Magistrate Judge

STIPULATION AND [PROPOSED] ) ORDER TO FILE UNDER SEAL ) PLAINTIFFS' MOTION TO REMOVE 22 ) CONFIDENTIALITY DESIGNATIONS ) FROM DEPOSITIONS ) ) Date: January 29, 2013 24 Time: 9:00 a.m. )

Courtroom E, 15th Floor

Marion Hovden, Dr. John McNamara, Dr. Hisaji Sakai, and Bill W. McFarland ("Plaintiffs") will 4 file their Motion for to Remove Confidentiality Designations from Depositions ("Motion"); 5

WHEREAS, the Stipulation and [Proposed] Order for the Protection and Exchange of Confidential Information (submitted on October 16, 2009 in Brady v. Conseco, Inc., No. 3:08-7

Parties in this MDL (Brady ECF No. 77; Brady ECF No. 127; MDL ECF No. 13) (the "Proposed 10

STIPULATION

WHEREAS, on December 21, 2012, Plaintiffs Cedric Brady, Dr. Charles Hovden, Dr. CV-5746 (N.D. Cal.), entered as an Order by the Court on May 14, 2012, and adopted by the Protective Order")) permits a party to designate as "Confidential" documents or information that 11 contain "confidential or proprietary business, commercial, personal or financial information, trade 12 secrets, confidential research or development, and/or credit, compliance personnel and 13 administrative information;" 14

WHEREAS, page 5 of the Motion and Exhibit 5 to the Declaration of Andrea Hopkins in Support of Plaintiffs' Motion reference materials that a third party, PricewaterhouseCoopers, has 16 designated as confidential (the "Designated Materials); 17

WHEREAS, the Court previously granted the Parties' motions for leave to file the Designated Materials under seal in this matter and the Brady matter (Brady ECF Nos. 85, 115; 19 MDL ECF Nos. 16, 29, 41, 44, 82, 148, 202, 275, and 289); and 20

WHEREAS, the Parties agree that good cause exists now for filing the Designated Materials under seal, although Plaintiffs reserve their rights to challenge the confidentiality of the 22 Designated Materials in a future proceeding or at trial; 23

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned Parties as follows: 25

26 this case, including any appeals; 27

(1) Plaintiffs may file the Designated Materials under seal until the final disposition of

(2) At the conclusion of the litigation, after any appeals have been exhausted, the Designated Materials shall be returned to the party that designated them as confidential; and 2

Andrea K. Hopkins in Support of Plaintiffs' Motion. 4 5

Dated: December 21, 2012 Respectfully submitted, 6

(3) The clerk shall seal page 5 of the Motion and Exhibit 5 to the Declaration of

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 Craig J. Litherland (Pro Hac Vice) litherlandc@gotofirm.com Andrea K. Hopkins (Pro Hac Vice) hopkinsa@gotofirm.com Michelle A. Price (Pro Hac Vice) pricem@gotofirm.com Emily P. Grim (Pro Hac Vice) grime@gotofirm.com Daniel I. Wolf (Pro Hac Vice) wolfd@gotofirm.com GILBERT LLP 1100 New York Avenue, NW, Suite 700 Washington, DC 20005 Telephone: (202) 772-2200 Facsimile: (202) 772-1924 Counsel for the Plaintiffs /s/ 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

ATTESTATION PURSUANT TO GENERAL ORDER 45

2

I, Andrea K. Hopkins, 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 4 concurrence in the filing of this document has been obtained from each of the other signatories. I 5 declare under penalty of perjury under the laws of the United States of America that the foregoing 6 is true and correct. 7

Executed this 21st day of December 2012 in Washington, DC. 8 9

Andrea K. Hopkins (Admitted pro hac vice)

PURSUANT TO STIPULATION, IT IS SO ORDERED. 12 13

The Honorable Elizabeth D. Laporte United States Magistrate Judge

20130118

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