Rand v. American National Insurance Company

Filing 109

ORDER continuing motion to substitute party to 6/25/10 @ 9:00 a.m. (tf, COURT STAFF) (Filed on 4/27/2010)

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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 WATERS KRAUS & PAUL INGRID M. EVANS (179094) ievans@waterskraus.com SUNDEEP PATEL (242284) spatel@waterskraus.com 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 Telephone: (415/296-6060 or 800/226-9880 214/777-0470 (fax) BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. ANDREW S. FRIEDMAN (Pro Hac Vice admission) afriedman@bffb.com KIMBERLY C. PAGE (Pro Hac Vice admission) kpage@bffb.com 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: 602/274-1100 602/274-1199 (fax) Attorneys for Plaintiff and the Putative Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAPHNE P. RAND, by and through DEBRA J. DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee, on Behalf of Themselves and All Others Similarly Situated. Plaintiff, vs. AMERICAN NATIONAL INSURANCE COMPANY, a Texas corporation. Defendant. Case No. CV 09 0639 SI CLASS ACTION REVISED STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION TO SUBSTITUTE AND DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT Judge Susan Illston Action Filed: 02/12/09 This stipulation is made between Plaintiff DAPHNE P. RAND, by and through DEBRA J. DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee, ("Plaintiff") and Defendant American National Insurance Company ("ANICO" or "Defendant"), by and through their respective counsel of records, based on the following: 1 REVISED STIPULATION AND ORDER CONTINUING HEARINGS 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 WHEREAS, Plaintiff's Motion to Substitute is currently set for hearing on May 7, 2010, in Department 10 at 9:00 a.m. WHEREAS, Defendant filed an Opposition to the Plaintiff's Motion to Substitute on April 16, 2010. WHEREAS, Defendant's Motion for Partial Summary Judgment, originally noticed for April 2, 2010, was continued by Stipulation and Order to May 14, 2010, in Department 10 at 9:00 a.m. WHEREAS, the parties have agreed for purposes of judicial efficiency and economy, and because Plaintiff's counsel has scheduling conflicts on the current hearing dates, to move the hearing dates of both motions to June 25, 2010, in Department 10, at 9:00 a.m. THEREFORE, it is hereby stipulated between the undersigned parties, through their counsel of record, that the hearing on Plaintiff's Motion to Substitute and Defendant's Motion for Partial Summary Judgment may be moved to be heard on June 25, 2010, in Department 10, at 9:00 a.m., subject to approval by the Court. DATED: April 23, 2010 WATERS, KRAUS & PAUL By: /s/ INGRID M. EVANS Attorneys for Plaintiff DAPHNE P. RAND, by and through DEBRA J. DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee DATED: April 23, 2010 WILSON ELSER MOSKOWITZ EDELMAN & DICKER By: /s/ THOMAS M. HERILHY Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY 2 REVISED STIPULATION AND ORDER CONTINUING HEARINGS 1 2 3 4 5 6 7 8 9 10 11 IT IS SO ORDERED. ATTESTATION OF SIGNATURE Pursuant to General Order No. 45, § X(b), I hereby attest under penalty of perjury that concurrence in the filing of the document has been obtained from all signatories. DATED: April 23, 2010 WATERS, KRAUS & PAUL By: /s/ INGRID M. EVANS DATED: ____________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 REVISED STIPULATION AND ORDER CONTINUING HEARINGS By The Honorable Susan Illston District Court Judge

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