Rand v. American National Insurance Company

Filing 87

ORDER continuing class cert. motion to 9/1/10 (tf, COURT STAFF) (Filed on 2/23/2010)

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WATERS KRAUS & PAUL 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 P.C. ANDREW S. FRIEDMAN (Pro Hac Vice admission) [e-mail] KIMBERLY C. PAGE (Pro Hac Vice admission) [e-mail] 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: [phone] (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.

Case No. CV 09 0639 SI
CLASS ACTION STIPULATION AND [PROPOSED] ORDER MODIFYING THE COURT'S SCHEDULING ORDER Judge Susan Illston Action Filed: 02/12/09

This stipulation is made between Plaintiff DAPHNE P. RAND, by and through DEBRA J. 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 ORDER CONTINUING CLASS CERTIFICATION BRIEFING SCHEDULE
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by and through their respective counsel of records, with respect to the following facts: WHEREAS, the Court's Civil Pretrial Minute Order dated November 13, 2009 (Docket No. 78) sets forth the current scheduling order. WHEREAS, the parties stipulated to a one week extension of time for ANICO to respond to the Court's February 9, 2010 Discovery Order concerning contact information for absent class members. WHEREAS, the parties are still conducting discovery and believe that the current scheduling order should be modified to allow for completion of discovery, resolution of any discovery disputes and any other matters; 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 Hearing on Motion for Class Certification Motion due Opposition due Reply due June 9, 2010 May 5, 2010 May 19, 2010 May 26, 2010 Proposed Date September 1, 2010 June 24, 2010 August 9, 2010 August 23, 2010

The parties agree to vacate the expert designation and rebuttal expert designation deadlines as well as the expert discovery cut-off. Instead, Plaintiff will designate experts concurrently with the filing of her motion for class certification and Defendant will designate its rebuttal experts concurrently with the filing of its opposition. DATED: February 19, 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

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STIPULATION AND ORDER CONTINUING CLASS CERTIFICATION BRIEFING SCHEDULE
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1 DATED: February 19, 2010 2 3 4 5 6 7 8 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION AND ORDER CONTINUING CLASS CERTIFICATION BRIEFING SCHEDULE
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WATERS KRAUS & PAUL

By:

/s/Ingrid M. Evans 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: February 19, 2010

WILSON ELSER MOSKOWITZ EDELMAN & DICKER

/s/Thomas M. Herilhy with permission THOMAS M. HERILHY Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY

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