Rand v. American National Insurance Company

Filing 95

ORDER setting 5/14/10 motion hearing (tf, COURT STAFF) (Filed on 3/12/2010)

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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 WATERS KRAUS & PAUL LLP INGRID M. EVANS (179094) ievans@waterskraus.com SUNDEEP PATEL spatel@waterskraus (242284) 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 Telephone: 415-296-6060 BONNETT FAIRBOURN FRIEDMAN & BALINT, PC ANDREW S. FRIEDMAN (Pro Hac Vice) afriedman@bffb.com KIMBERLY C. PAGE (Pro Hac Vice) kpage@bffb.com 2901 North Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: 602-274-1100 Attorneys for Plaintiffs WATERS KRAUS & PAUL LLP CHARLES S. SIEGEL (Pro Hac Vice) csiegel@waterskraus.com 3219 McKinney Avenue Dallas, TX 75204 Telephone: 214-357-6244 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 09-0639-SI CLASS ACTION ) ) ) ) ) ) ) Plaintiff, ) ) v. ) ) AMERICAN NATIONAL INSURANCE ) COMPANY, a Texas corporation, ) ) Defendant. ______________________________________ ) 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, JOINT STIPULATION AND PROPOSED ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT WHEREAS, on February 26, 2010, Defendant American National Insurance Company ("ANICO") filed a Motion for Partial Summary Judgment ("Motion"). -1Joint Stipulation and Proposed Order Regarding Briefing and Hearing 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 // // // WHEREAS, in order to adequately respond to ANICO's Motion, Plaintiff needs ANICO to produce certain documents responsive to its discovery requests and to take a Rule 30(b)(6) deposition of ANICO on topics relating to compliance with Cal. Ins. Code 10127 et seq., which the parties have agreed will take place on or before April 16, 2010. ANICO has also agreed to produce documents relevant to this Rule 30(b)(6) deposition prior to the deposition date. WHEREAS, Plaintiff anticipates that it can file its opposition to ANICO's Motion within ten (10) days of the completion of the aforementioned Rule 30(b)(6) deposition and ANICO anticipates that it can file its reply in support of its Motion within seven (7) days of the filing of Plaintiff's opposition. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, through their undersigned counsel, that, with the Court's permission, the following discovery, briefing and hearing schedule for ANICO's Motion shall be adopted: ANICO's Production of policy documents establishing the contents of the policy packets delivered to plaintiff and class members (e.g. Policy, application, cover, jacket, stickers, etc), compiled in the same format and order as these materials are delivered at the time of the sale to plaintiff and class members: Deposition of ANICO's Rule 30(b)(6) representative relating to compliance with Cal. Ins. Code 10127, et seq.: Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment: Defendants' Reply in Support of Motion For Partial Summary Judgment: Hearing on ANICO's Motion for Partial Summary Judgment: March 25, 2010 On or before April 16, 2010 April 26, 2010 May 3, 2010 14 May__, 2010 -2Joint Stipulation and Proposed Order Regarding Briefing and Hearing Schedule 1 2 3 4 5 6 DATED: March 9, 2010 BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. By: /s/ 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: March 9, 2010 7 8 WILSON ELSER MOSKOWITZ EDELMAN & DICKER By: 9 10 11 /s/ THOMAS M. HERILHY Attorneys for Defendant AMERICAN NATIONAL INSURANCE COMPANY ATTESTATION OF SIGNATURE 12 (N.D. Cal. General Order 45) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Joint Stipulation and Proposed Order Regarding Briefing and Hearing Schedule IT IS SO ORDERED. DATED: ____________________ By The Honorable Susan Illston District Court Judge ORDER By: /s/ INGRID M. EVANS DATED: March 9, 2010 WATERS KRAUS & PAUL 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.

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