Robert H, Hansen v Conseco Insurance Company

Filing 176

STIPULATION AND ORDER 174 for Scheduling Class Certification Issues: Motion Hearing set for 10/8/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 4/15/10. (jg, COURT STAFF) (Filed on 4/15/2010)

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STIPULATION Whereas, the Parties delayed proceedings on class certification issues while exploring settlement possibilities and proceeding to mediat ion with Judge Edward Infante (ret.) on three occasions, including February 25, 2010 and March 11, 2010; UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re CONSECO INSURANCE CO. ANNUITY MARKETING & SALES PRACTICES LITIG. This Case Relates To: ALL ACTIONS. Case No. C-05-04726-RMW And Related Cases CLASS ACTION STIPULATION AND ORDER [] FOR SCHEDULING CLASS CERTIFICATION ISSUES James J. Dries (Pro Hac Vice) Thomas A. Doyle (Pro Hac Vice) BAKER & McKENZIE LLP One Prudential Plaza 130 E. Randolph Drive Chicago, IL 60601 Telephone: [phone] Facsimile: +1 312.861.2899 [e-mail] [e-mail] Tod L. Gamlen, State Bar No. 83458 BAKER & McKENZIE LLP 660 Hansen Way Palo Alto, CA 94304-1044 Telephone: [phone] Facsimile: +1.650.856.9299 [e-mail] Attorneys for Defendants Conseco, Insurance Co., Conseco Services, L.L.C., and Conseco Marking, L.L.C.

*E-FILED - 4/15/10*

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s/ Theodore Pintar COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP Co-Lead Attorneys for Plaintiff 655 West Broadway, Suite 1900 San Diego, CA 92101 [phone] s/ Stephen R. Basser BARRACK RODOS & BACINE Co-Lead Attorneys for Plaintiff Stephen R. Basser One America Plaza 600 West Broadway Suite 900 San Diego, California 92101 (619) 230­0800 s/ James J. Dries BAKER & McKENZIE LLP Attorneys for Defendants Thomas A. Doyle James J. Dries One Prudential Plaza 130 East Randolph Drive Suite 3500 Chicago, IL 60601 [phone] continue to explore settlement; Whereas, the Parties believe that the case should move forward even as they continue to explore settlement.. Now, therefore, Plaintiff and all Defendants hereby stipulate and agree to the following schedule for class certification: 1. Plaint iff shall file his Motion for Class Certification and all supporting Whereas, the Parties have been unable to resolve this lawsuit, but are prepared to

documents on or before June 7, 2010; 2. 3. Defendants shall file their response on or before August 21, 2010; Plaint iff shall file his reply on or before October 5, 2010.

The parties hereby request a hearing on Plaintiff's Motion for Class Certification to be scheduled by the Court at such time after October 5, 2010, as determined by the Court. DATED: March ___, 2010 .

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Court. DATED: _ 4/15 , 2010 ____________________________ Ronald M. Whyte United States District Court Judge above. ORDER [] The Court having considered the above stipulation and good cause appearing, IT IS HEREBY ORDERED that the parties shall comply with the schedule set forth IT IS FURTHER ORDERED that the hearing on Plaintiff's Motion for Class October 8 Certification shall be scheduled for ________________, 2010, at ____ in Courtroom 6 of this
9:00 a.m.

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