Rand v. American National Insurance Company

Filing 149

CORRECTED ORDER - CONTINUING MOTION TO 2/4/11 (tf, COURT STAFF) (Filed on 9/8/2010)

Download PDF
Rand v. American National Insurance Company Doc. 149 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 ER BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. C N F ANDREW S. FRIEDMAN (Pro Hac Vice admission) D IS T IC T O R 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 DEBRA J. DOLCH, as Special Administrator of the Estate of DAPHNE P. RAND ("Plaintiff") and Defendant American National Insurance Company ("ANICO" or "Defendant"), by and through their respective counsel of records, based on the following: 1 AMENDED STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE Dockets.Justia.com Case No. CV 09 0639 SI CLASS ACTION AMENDED STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE Judge Susan Illston Action Filed: 02/12/09 A LI FO WATERS KRAUS & PAUL INGRID M. EVANS (179094) ievans@waterskraus.com JENNIFER MCINTOSH (264903) jmcintosh@waterskraus.com 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 Telephone: (415/296-6060 or 800/226-9880 214/777-0470 (fax) UNIT ED S S DISTRICT TE C TA Judge S usan Ill ston R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 2 3 4 5 WHEREAS, on August 19, 2010 (dkt. 130), the court moved Defendant's Motion for Partial Summary Judgment, previously set for September 3, 2010, to September 10, 2010 at 9:00 a.m. in Courtroom 10. WHEREAS, Plaintiff agrees she will not amend the complaint or add parties between now and the time ANICO responds to her Motion for Class Certification, but reserves the right to so 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Current Dates 21 22 23 24 25 26 27 28 2 AMENDED STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE amend and/or intervene with a new or additional plaintiff based upon any challenges or objections by Defendant. Defendant reserves its rights to any and all defenses to such amendment or interventions, if any. WHEREAS, the current schedule requires plaintiffs to submit their class certification motion and expert disclosures on September 21, 2010 and one of plaintiff's counsel, Ingrid Evans, will be out of the country during that time period. Additionally, plaintiff's counsel Andrew Friedman is set for trial on September 13, 2010, and is unavailable during that time. Additionally, the parties are still conducting discovery: Defendant has not yet completed document production; and depositions of additional witnesses will be scheduled after the final document production. 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: Proposed Dates November 4, 2010 Plaintiff's Motion for Class Certification and Designation of Class Cert Experts Defendant's Opposition to Motion for Class Certification and Expert Disclosures Plaintiff's Reply in Support of Motion for Class Certification Hearing on Motion for Class Certification September 21, 2010 November 9, 2010 2011 January 6, 2010 2011 January 20, 2010 Feb. 4, 2011 January 31, 2010 November 30, 2010 December 20, 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 THEREFORE, it is hereby stipulated between the undersigned parties, through their counsel of record, that the briefing schedule for Plaintiff's Motion Class Certification briefing may be continued as set forth above, subject to approval by the Court. DATED: September 7, 2010 WATERS, KRAUS & PAUL By: /s/ INGRID M. EVANS Attorneys for Plaintiff DEBRA J. DOLCH, as Special Administrator of the Estate of DAPHNE P. RAND DATED: September 7, 2010 GREER, HERZ & ADAMS, LLP By: /s/ JOSEPH R. RUSSO Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY 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: September 7, 2010 WATERS, KRAUS & PAUL By: /s/ INGRID M. EVANS 3 AMENDED STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE 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 IT IS SO ORDERED. DATED: ____________________ By The Honorable Susan Illston District Court Judge 4 AMENDED STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?