Rand v. American National Insurance Company

Filing 120

SCHEDULING ORDER (tf, COURT STAFF) (Filed on 6/15/2010)

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THOMAS M. HERLIHY (SBN 83615) SHIVANI NANDA (SBN 253891) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] ANDREW J. MYTELKA (Pro Hac Vice) JOSEPH R. RUSSO (Pro Hac Vice) GREER, HERZ & ADAMS, LLP One Moody Plaza, 18th Floor Galveston, Texas 77550 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY INGRID M. EVANS (SBN 179094) SUNDEEP R PATEL (SBN 242284) WATERS KRAUS & PAUL 601 Van Ness Avenue, Suite 2080 San Francisco, California 94102 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] ANDREW S. FRIEDMAN (Pro Hac Vice) KIMBERLY C. PAGE (Pro Hac Vice) BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. 2901 N. Central Avenue, Suite 1000 Phoenix , Ariz ona 85012 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff DAPHNE P. RAND

1 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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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, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CV09-0639 SI STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE Honorable Susan Illston

AMERICAN NATIONAL INSURANCE COMPANY, a Texas corporation, Defendant.

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 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 Motion is currently set for hearing on the Court's docket for June 25, 2010 at 9:00 a.m. in Department 10. The hearing on Plaintiff's Motion to Substitute Class Representative is also set for hearing on June 25, 2010; WHEREAS, on June 1, 2010, Plaintiff filed her Response to Defendant's Motion for Partial Summary Judgment and Cross Motion for Partial Summary Judgment ("Plaintiff's Cross Motion"), raising arguments and issues not specifically addressed in Defendant's Motion;
2 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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WHEREAS, the date for filing Defendant's Response in Opposition to Plaintiff's Cross Motion i s J une 22, 2010; WHEREAS, the parties agree that Defendant may have additional time to prepare its response to the issues raised in Plaintiff's Cross Motion and that Plaintiff may file a reply, if necessary, in support of Plaintiff's Cross Motion; WHEREAS, the parties respectfully submit that the current scheduling order on Defendant's Motion should be modified to allow sufficient time for the parties to fully brief the issues raised by Defendant's Motion and Plaintiff's Cross Motion; WHEREAS, the parties also agree that the schedule for completion of the Early Neutral Evalulation and the class certification briefing schedule should be adjusted so that the parties will have the benefit of the Court's ruling on Defendant's Motion and Plaintiff's Cross Motion; and WHEREAS, the parties agree, subject to the approval of the Court, that Plaintiff's Motion to Substitute Estate of Daphne R. Rand and Debera J. Dolch, as Special Administrator of the Estate of Daphne P. Rand, as Successor in Interest ("Plaintiff's Motion to Substitute") shall remain on the June 25, 2010 docket for hearing at 9:00am. /// /// /// /// /// /// /// /// /// /// ///
3 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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THEREFORE, the parties hereby stipulate to and respectfully request the Court to adopt the following modified pretrial schedule: Current Date Hearing on Plaintiff's Motion to Substitute June 25, 2010 Proposed Date June 25, 2010 July 12, 2010

Defendant's Reply to Plaintiff's Opposition to June 16, 2010 Defendant's Motion for Partial Summary Judgment Defendant's Response to Plaintiff's Cross June 22, 2010 Motion Plaintiff's Reply to Defendant's Response to None Plaintiff's Cross Motion for Partial Summary Judgment Hearing on Defendants Motion for Partial June 25, 2010 Summary Judgment and Plaintiff's Cross Motion

July 12, 2010 July 26, 2010

July 30, 2010 (9:00am) or a date convenient to the Court September 21, 1010 November 9, 2010

Plaintiff's Motion for Class Certification and August 24, 2010 Designation of Class Certification Experts Defendant's Opposition to Motion for Class October 12, 1010 Certification and Designation of Rebuttal Class Certification Experts Plaintiff's Reply in Support of Motion for November 2, 2010 Class Certification Hearing re: Motion for Class Certification November 19, 2010 June 15, 2010

November 30, 2010 December 20, 2010 November 30, 2010

19 Deadline for ENE 20 21 22 23 24 25 26 27 28
4 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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DATED: June 8, 2010

WILSON ELSER MOSKOWITZ EDELMAN & DICKER

By:

/s/Thomas M. Herlihy THOMAS M. HERLIHY Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY

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DATED: June 8, 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

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: June 8, 2010 WILSON ELSER MOSKOWITZ EDELMAN & DICKER

By:

/s/Thomas M. Herlihy THOMAS M. HERLIHY

ORDER IT IS SO ORDERED.

Date:

By: HONORABLE SUSAN ILLSTON United States District Judge

5 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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CERTIFICATE OF SERVICE I hereby certify that on June 8, 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. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 8, 2010.

/ s / Shivani Nanda SHIVANI NANDA WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: [phone] Fax: [phone]

6 STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE USDC NDCA Case # CV09-0639 SI
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