Rand v. American National Insurance Company

Filing 115

ORDER RE: BRIEFING SCHEDULE (tf, COURT STAFF) (Filed on 5/28/2010)

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 LLP INGRID M. EVANS (179094) [e-mail] DAVID L. CHENG (240926) [e-mail] 601 Van Ness Avenue, Suite 2080 San Francisco, CA 94102 Telephone: [phone] BONNETT FAIRBOURN FRIEDMAN & BALINT, PC ANDREW S. FRIEDMAN (Pro Hac Vice) [e-mail] KIMBERLY C. PAGE (Pro Hac Pending) [e-mail] 2901 North Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAPHNE P. RAND, by and through DEBRA L. DOLCHE, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee, on Behalf of Themselves and All Others Similarly Situated, Plaintiff, v. AMERICAN NATIONAL INSURANCE COMPANY, a Texas corporation, Defendant. ______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 09-0639-SI STIPULATION AND [PROPOSED] ORDER REGARDING REVISED BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT
(Assigned to the Honorable Susan Illston)

This stipulation is made between Plaintiff DAPHNE P. RAND, by and through DEBRA DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, ("Plaintiff") and

-1CERTIFICATE OF SERVICE

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

Defendant American National Insurance Company ("ANICO" or "Defendant"), by and through their respective counsel, based on the following: WHEREAS, on February 26, 2010, Defendant filed a Motion for Partial Summary Judgment ("Motion"). WHEREAS, the date for filing Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment was extended by stipulation and order of the Court to May 25, 2010. WHEREAS, Plaintiff has noticed certain depositions of ANICO pursuant to Rule 30(b)(6) on topics relating to actuarial methods, policies, and compliance, and corporate policies and compliance, which will take place on May 25-27, 2010. Plaintiff reasonably anticipates information acquired during these depositions will be relevant in responding to Defendant's Motion. WHEREAS, the parties have agreed for purposes of judicial efficiency and economy, to extend the filing deadline for Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment to June 1, 2010 and Defendant's Reply in Support for Partial Summary Judgment to June 16, 2010. THEREFORE, it is hereby stipulated between the undersigned parties, through their counsel of record, that, with the Court's permission, the following briefing schedule for Defendant's Motion shall be adopted: Deposition of ANICO's Rule 30(b)(6) representative relating to actuarial methods, policies, and compliance, and corporate policies and compliance: Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment: Defendant's Reply in Support for Partial Summary Judgment:

On or before May 27, 2010

June 1, 2010

June 16, 2010

-2CERTIFICATE OF SERVICE

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

Hearing on Defendant's Motion for Partial Summary Judgment:

June 25, 2010

DATED: May 20, 2010

BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C.

By: /s/Andrew S. Friedman___________________________ ANDREW S. FRIEDMAN 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: May 20, 2010 WILSON ELSER MOSKOWITZ EDELMAN & DICKER

By: /s/Thomas M. Herilhy THOMAS M. HERILHY Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY ATTESTATION OF SIGNATURE (N.D. Cal. General Order 45) 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 the signatories. DATED: May 20, 2010 BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C.

By:

/s/Andrew S. Friedman ANDREW S. FRIEDMAN ORDER

IT IS SO ORDERED. DATED: ____________________ By The Honorable Susan Illston District Court Judge

-3CERTIFICATE OF SERVICE

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
-4CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE I hereby certify that on May 20, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail notice list, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice list. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 20, 2010. By: /s/Nancy Varner Nancy Varner BONNETT FAIRBOURN FRIEDMAN & BALINT, PC 2901 North Central Avenue, Suite 1000 Phoenix, Arizona 85012 602-274-1100 602-274-1199 facsimile Email: [e-mail]