Rand v. American National Insurance Company
Filing
111
ORDER continuing motion for sj and motion to substitute to 6/25/10 and motion to certify the class to 11/19/10 (tf, COURT STAFF) (Filed on 5/5/2010)
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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. 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
STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE
Case No. CV 09 0639 SI
CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE Judge Susan Illston Action Filed: 02/12/09
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WHEREAS, on April 23, 2010, due to plaintiff's counsel's unavailability and for purposes of Judicial efficiency and economy, the parties submitted a Stipulation and Proposed Order requesting a continuance of the hearings on Plaintiff's Motion to Substitute, previously set for hearing on May 7, 2010, and Defendant's Motion for Partial Summary Judgment, previously set for May 14, 2010, to June 25, 2010 at 9:00 a.m. in Department 10 (the date provided by the Court's scheduling clerk). WHEREAS, on April 28, 2010, the Court ordered that the hearings on Plaintiff's Motion for Substitution and Defendant's Motion for Partial Summary Judgment are continued to June 25, 2010. WHEREAS, the parties have agreed on the following proposed briefing schedule, which allows them sufficient time to complete their respective submissions in connection with the pending motions and provides for the final briefs to be submitted two weeks in advance of the rescheduled hearing date: Plaintiff's Reply in Support of Motion to Substitute May 25, 2010 May 25, 2010
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE
Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment Defendant's Reply in Support of Motion for Partial Summary Judgment
June 11, 2010
WHEREAS, the parties are still conducting discovery: The parties have not yet completed document production; depositions of several of ANICO's Corporate Representatives are scheduled for the week of May 24, 2010, and there are additional depositions to be scheduled. The parties believe that the current scheduling order on class certification should be modified to allow for completion of discovery, resolution of any discovery disputes and any other matters, as follows: Current Date Hearing on Motion for Class Certification September 1, 2010 Proposed Date November 19, 2010, or a date convenient to the court
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Class Certification Motion and Designation of Class Certification Experts due Opposition and Designation of Rebuttal Class Certification Experts due Reply due
June 24, 2010
August 24, 2010
August 9, 2010
October 12, 2010
August 23, 2010
November 2, 2010
THEREFORE, it is hereby stipulated between the undersigned parties, through their counsel of record, that the briefing schedule for Plaintiff's Motion to Substitute, Defendant's Motion for Partial Summary Judgment and the class certification briefing may be continued as set forth above, subject to approval by the Court. DATED: April 30, 2010 WATERS, KRAUS & PAUL
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE
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 30, 2010
GREER, HERZ & ADAMS, LLP
By:
/s/ JOSEPH R. RUSSO Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY
1 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: April 30, 2010
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. WATERS, KRAUS & PAUL
By:
/s/ INGRID M. EVANS
DATED: ____________________ By The Honorable Susan Illston District Court Judge
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE
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