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

SUSAN ILLSTON, District Judge.

Pursuant to Civil Local Rule 7-12, Plaintiffs and defendant Conseco Life Insurance Company ("Conseco Life") respectfully submit this Stipulation And [Proposed] Order Changing The Date Of The Hearing On The Pending Summary Judgment And Decertification Motions, And Adjusting The Briefing On The Summary Judgment Motions:

WHEREAS, Plaintiffs have filed a motion for partial summary judgment (Docket No. 387) and Conseco Life has filed a motion for decertification (Docket No. 393) and a motion for summary judgment (Docket No. 402);

WHEREAS, Plaintiffs have previously committed to filing their reply in further support of their motion for partial summary judgment by November 16, 2012, which under Civil Local Rules 7-3(c) and 7-4(b), may be up to 15 pages;

WHEREAS, Plaintiffs' opposition to Conseco Life's motion for summary judgment is due by November 30, 2012, which under Civil Local Rules 7-3(a) and 7-4(b), may be up to 25 pages;

WHEREAS, Plaintiffs propose to file no later than November 16, 2012, a combined brief, not to exceed 30 pages, (1) in further support of their motion for partial summary judgment, and (2) in opposition to Conseco Life's motion for summary judgment;

WHEREAS, Conseco Life proposes to file a reply brief in further support of its motion for summary judgment (not to exceed the 15 pages provided by Civil Local Rules 7-3(c) and 7-4(b)) no later than November 26, 2012;

WHEREAS, under this proposed approach, the briefing on Plaintiffs' motion for partial summary judgment, Conseco Life's motion for summary judgment, and Conseco Life's motion for decertification will be completed by November 26, 2012;

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 parties, after consulting with the Court, propose to schedule the hearing on those motions for December 5, 2012 at 4:00 p.m. PST;

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

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.

2. Plaintiffs' deadline to submit a combined brief, not to exceed 30 pages, (a) in further support of their motion for partial summary judgment and (b) their opposition to Conseco Life's motion for summary judgment is November 16, 2012;

3. Conseco Life's deadline to submit its reply in further support of its motion for summary judgment is November 26, 2012;

4. This stipulation and [proposed] order does not change any other deadline in this action (including the date of the final pretrial conference, which is scheduled for March 12, 2013 at 3:30 p.m. PDT, or the date that trial is scheduled to commence, which is March 25, 2013, at 8:30 a.m. PDT).

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 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 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 November 2012, at Boston, Massachusetts.

PURSUANT TO STIPULATION, IT IS SO ORDERED,

DECLARATION ON DAVID S. CLANCY IN CONNECTION WITH THE STIPULATION AND [PROPOSED] ORDERED CHANGING THE DATE OF THE HEARING ON THE PENDING SUMMARY JUDGMENT AND DECERTIFICATION MOTIONS AND ADJUSTING THE BRIEFING ON THE SUMMARY JUDGMENT MOTIONS

I, David S. Clancy, pursuant to 28 U.S.C. § 1746, declare and state as follows:

1. I am a partner in the law firm of Skadden, Arps, Slate, Meagher & Flom LLP, counsel to defendant Conseco Life Insurance Company ("Conseco Life") in this matter.

2. I submit this declaration in connection with the Stipulation And [Proposed] Order Changing The Date Of The Hearing On The Pending Summary Judgment And Decertification Motions, And Adjusting The Briefing On The Summary Judgment Motions.

3. A hearing on Plaintiff's motion for partial summary judgment (Docket No. 387), Conseco Life's motion for summary judgment (Docket No. 402), and Conseco Life's motion for decertification (Docket No. 393) is now scheduled for December 7, 2012.

4. Counsel for Conseco Life has a conflict on December 7, 2012 and therefore the parties, after consulting with the Court, propose to schedule the hearing on those motions for December 5, 2012 at 4:00 p.m. PST.

5. Plaintiffs have previously committed to file their reply brief (not to exceed 15 pages under the Civil Local Rules) in further support of their motion for partial summary judgment by November 16, 2012;

6. Plaintiffs' deadline to file their opposition (not to exceed 25 pages under the Civil Local Rules) to Conseco Life's motion for summary judgment is currently November 30, 2012;

7. The parties have agreed it is more efficient for Plaintiffs to file a single combined brief, not to exceed 30 pages, (a) in further support of their motion for partial summary judgment and (b) in opposition to Conseco Life's motion for summary judgment.

8. Counsel for the parties have conferred and propose the following deadlines for the pending papers on the parties' summary judgment motions:

9. Under this schedule, Plaintiffs' motion for partial summary judgment, Conseco Life's motion for summary judgment, and Conseco Life's motion for decertification will be fully briefed by November 26, 2012.

10. The parties do not seek to change the trial date or the date of the final pretrial conference.

11. Prior to this stipulation and [proposed] order, the parties have requested by stipulation and been granted time modifications in this case in the following instances: Docket Nos. 7, 21, 106, 149, 151, 159, 167, 189, 237, 249, 260, 276, 291, 306, 371, 377, and 396.

I declare under penalty of perjury that the foregoing is true and correct. Executed at Boston, Massachusetts on November 13, 2012.