Robert H, Hansen v Conseco Insurance Company

Filing 206

STIPULATION AND ORDER 205 Adding Plaintiff Friou P. Jones as a Named Plaintiff and Class Representative. Signed by Judge Ronald M. Whyte on 3/30/11. (jg, COURT STAFF) (Filed on 3/30/2011)

Robert H, Hansen v Conseco Insurance Company

Doc. 206

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BARRACK, RODOS & BACINE STEPHEN R. BASSER (121590) SAMUEL M. WARD (216562) 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] ROBBINS GELLER RUDMAN & DOWD LLP JOHN J. STOIA, JR. (141757) THEODORE J. PINTAR (131372) RACHEL L. JENSEN (211456) STEVEN M. JODLOWSKI (239074) 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Interim Co-Lead Counsel for Plaintiff [Additional counsel appear on signature page.] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re CONSECO INSURANCE CO. ANNUITY MARKETING & SALES PRACTICES LITIG. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C-05-04726-RMW CLASS ACTION STIPULATION AND [] ORDER ADDING PLAINTIFF FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE

*E-FILED - 3/30/11*

This Case Relates To:

ALL ACTIONS.

1
STIPULATION TO ADD FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13

WHEREAS, on January 27, 2006, Friou P. Jones ("Jones") filed an action, Jones v. Conseco Insurance Company, C-06-00537 (the "Jones Action"), against Conseco Insurance Company; WHEREAS, the Jones Action related to Mr. Jones' purchase of a flexible premium deferred annuity in 2003, underwritten and issued by Conseco; WHEREAS, in 2003, at the time of the purchase, Mr. Jones was 81 years old; WHEREAS, Mr. Jones and Robert H. Hansen jointly filed a motion to relate and consolidate the Jones Action with Hansen v. Conseco Insurance Company, C-05-04726; WHEREAS, on April 14, 2006, the Court granted the motion to consolidate and relate the cases under the caption In re: Conseco Insurance Co. Annuity Marketing & Sales Practices Litig., C05-04726; WHEREAS, prior to the filing of the First Amended Complaint, Mr. Jones remained an active participant in the litigation, including responding to document requests propounded by defendants; WHEREAS, although a class member, the First Amended Complaint did not identify Mr.

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jones as a class representative; WHEREAS, Mr. Jones now seeks appointment as a class representative in this action pursuant to Rule 23(a)(3) and (4); WHEREAS, solely for the purposes of this stipulation and the related stipulation of settlement, the parties agree that Mr. Jones' claims are typical of the claims of the proposed class; and WHEREAS, solely for the purposes of this stipulation, and the related stipulation of settlement, the parties agree that Mr. Jones will fairly and adequately protect the interests of the proposed class. /// /// /// /// /// /// ///
2
STIPULATION TO ADD FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOW THEREFORE, it is hereby stipulated and agreed, by and among plaintiff and all defendants through their undersigned counsel, subject to the approval of the Court that: 1. Friou Jones is an adequate representative of the proposed class pursuant to Rule 23(a)(3); 2. Friou Jones' claims are typical of the claims of the proposed class pursuant to Rule 23(a)(4); and 3. Friou Jones should be appointed as a class representative pursuant to Rule 23.

DATED: March 23, 2011

ROBBINS GELLER RUDMAN & DOWD LLP JOHN J. STOIA, JR. THEODORE J. PINTAR PHONG L. TRAN RACHEL L. JENSEN STEVEN M. JODLOWSKI /s/ Theodore J. Pintar THEODORE J. PINTAR 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone]

DATED: March 23, 2011

BARRACK, RODOS & BACINE STEPHEN R. BASSER SAMUEL M. WARD /s/ Stephen R. Basser STEPHEN R. BASSER 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Interim Co-Lead Counsel for Plaintiff

3
STIPULATION TO ADD FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: March 23, 2011

BAKER & MCKENZIE LLP JAMES J. DRIES MARK L. KARASIK THOMAS A. DOYLE /s/James J. Dries JAMES J. DRIES One Prudential Plaza 130 East Randolph Drive, Suite 3900 Chicago, IL 60601 Telephone: [phone] Facsimile: [phone] Counsel for Defendants ORDER

The Court, having considered the above stipulation and good cause appearing, hereby ORDERS that, pursuant to Rule 23, Friou P. Jones is appointed as a class representative in the above-captioned action.

3/30/11 DATED: _________

_______________________________________ RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE

4
STIPULATION TO ADD FRIOU P. JONES AS A NAMED PLAINTIFF AND CLASS REPRESENTATIVE