Rand v. American National Insurance Company

Filing 133

ORDER adjusting briefing schedule (tf, COURT STAFF) (Filed on 8/24/2010)

Rand v. American National Insurance Company

Doc. 133

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WATERS KRAUS & PAUL LLP INGRID M. EVANS (179094) [e-mail] SUNDEEP PATEL (242284) [e-mail] 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 Telephone: [phone] or 800/226-9880 214/777-0470 (fax) 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 PLAINTIFF'S CROSS 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
-1STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE

Dockets.Justia.com

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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, on June 1, 2010, Plaintiff filed her Response to Defendant's Motion for Partial Summary Judgment and Cross Motion for Partial Summary Judgment. WHEREAS, on July 12, 2010, Defendant filed its Reply in Support of Motion for Partial Summary Judgment and Response to Plaintiff's Cross Motion for Partial Summary Judgment. WHEREAS, the date for filing Plaintiff's Reply in Support of her Cross Motion for Partial Summary Judgment is August 23, 2010. WHEREAS, on August 19, 2010, the Court moved the hearing date on these motions from September 3, 2010 to September 10, 2010. WHEREAS, to accommodate Plaintiff's counsel's schedule and to allow Plaintiff sufficient time to review and incorporate deposition testimony of Defendant's expert that was just concluded on August 18, 2010, Defendant has consented to a two-day extension to August 25, 2010, for Plaintiff to file her Reply in Support of her Cross Motion for Partial Summary Judgment and Plaintiff has agreed that it will not raise a timeliness objection to any subsequent filing by Defendant based on the delay caused by this proposed reply-date extension. WHEREAS, the requested extension of the briefing schedule will not affect the setting of the hearing. 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 Plaintiffs' Cross Motion for Partial Summary Judgment shall be adopted: Plaintiff's Reply in Support for of Cross Motion For Partial Summary Judgment:

August 25, 2010

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DATED: August 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: August 20, 2010 GREER, HERZ & ADAMS, LLP

By: /s/Joseph R. Russo JOSEPH R. RUSSO 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: August 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

-3STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE

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CERTIFICATE OF SERVICE I hereby certify that on August 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 email 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 August 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]

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