Rand v. American National Insurance Company

Filing 128

ORDER CONTINUING MOTIONS TO 9/3/10 (tf, COURT STAFF) (Filed on 7/21/2010)

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Rand v. American National Insurance Company Doc. 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Case No. CV 09 0639 SI CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION Judge Susan Illston 25 26 27 28 DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee, ("Plaintiff") and Defendant American National Insurance Company ("ANICO" or "Defendant"), 1 STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION Dockets.Justia.com 1 2 3 4 5 by and through their respective counsel of records, based on the following: WHEREAS, on February 26, 2010, Defendant filed a Motion for Partial Summary Judgment ("Motion"); 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION Motion"), raising arguments and issues not specifically addressed in Defendant's Motion; WHEREAS, on July 12, 2010, Defendant filed its Reply to Plaintiff's Response to Defendant's Motion for Partial Summary Judgment and Response to Plaintiff's Cross-Motion for Partial Summary Judgment ("Response Motion") and Supporting Declarations. WHEREAS, the date for filing Plaintiff's Reply to Defendant's Response to Plaintiff's Cross Motion for Partial Summary Judgment ("Reply Motion") is July 26, 2010. WHEREAS, the parties have agreed to move the date for filing of Plaintiff's Reply Motion to August 23, 2010 in order to allow Plaintiffs to have sufficient time to allow Plaintiffs to depose witnesses who have submitted Declarations Supporting Defendant's Response Motion. WHEREAS, the hearing on Defendant's Motion for Partial Summary Judgment and Plaintiff's Cross Motion is currently is set to be heard on July 30, 2010 at 9:00 a.m.; WHEREAS, the parties have agreed to move the hearing date of Defendant's Motion for Partial Summary Judgment and Plaintiff's Cross Motion to August 27, 2010 at 9:00 a.m, or a date convenient to the Court, in order to provide sufficient time for Plaintiff to depose witnesses who have submitted Declarations Supporting Defendant's Response Motion, and so there will be a sufficient amount of time between the date Plaintiff's Reply Motion is filed and the hearing. 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 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that the parties request a revised schedule as follows: Current Date Plaintiff's Reply to Defendant's Response July 26, 2010 to Plaintiff's Cross Motion for Partial Summary Judgment Proposed Date August 23, 2010 Hearing on Defendant's Motion for Partial July 30, 2010 Summary Judgment and Plaintiff's Cross Motion SEPTEMBER 3, 2010 August 27, 2010 (9:00 a.m.) or a date convenient to the Court DATED: July 19, 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: July 19, 2010 GREER, HERZ & ADAMS, LLP By: /s/ JOSEPH R. RUSSO Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY 3 STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION 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: July 19, 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 4 STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION By The Honorable Susan Illston District Court Judge

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