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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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. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 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 1 2 3 4 5 6 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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 4 STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

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