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Rand v. American National Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 8, 2010

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,
v.
AMERICAN NATIONAL INSURANCE COMPANY, A TEXAS CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

Honorable Susan Illston

STIPULATION AND [PROPOSED] ORDER CONTINUING (1) BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT; (2) ENE COMPLETION DATE; (3) CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING DATE

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 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, the Motion is currently set for hearing on the Court's docket for June 25, 2010 at 9:00 a.m. in Department 10. The hearing on Plaintiff's Motion to Substitute Class Representative is also set for hearing on June 25, 2010;

WHEREAS, on June 1, 2010, Plaintiff filed her Response to Defendant's Motion for Partial Summary Judgment and Cross Motion for Partial Summary Judgment ("Plaintiff's Cross Motion"), raising arguments and issues not specifically addressed in Defendant's Motion;

WHEREAS, the date for filing Defendant's Response in Opposition to Plaintiff's Cross Motion is June 22, 2010;

WHEREAS, the parties agree that Defendant may have additional time to prepare its response to the issues raised in Plaintiff's Cross Motion and that Plaintiff may file a reply, if necessary, in support of Plaintiff's Cross Motion;

WHEREAS, the parties respectfully submit that the current scheduling order on Defendant's Motion should be modified to allow sufficient time for the parties to fully brief the issues raised by Defendant's Motion and Plaintiff's Cross Motion;

WHEREAS, the parties also agree that the schedule for completion of the Early Neutral Evalulation and the class certification briefing schedule should be adjusted so that the parties will have the benefit of the Court's ruling on Defendant's Motion and Plaintiff's Cross Motion; and

WHEREAS, the parties agree, subject to the approval of the Court, that Plaintiff's Motion to Substitute Estate of Daphne R. Rand and Debera J. Dolch, as Special Administrator of the Estate of

Daphne P. Rand, as Successor in Interest ("Plaintiff's Motion to Substitute") shall remain on the June 25, 2010 docket for hearing at 9:00am.

THEREFORE, the parties hereby stipulate to and respectfully request the Court to adopt the following modified pretrial schedule:

Current Date Proposed Date

Hearing on Plaintiff's Motion to Substitute June 25, 2010 June 25, 2010 Defendant's Reply to Plaintiff's Opposition to June 16, 2010 July 12, 2010 Defendant's Motion for Partial Summary Judgment

Defendant's Response to Plaintiff's Cross June 22, 2010 July 12, 2010 Motion Plaintiff's Reply to Defendant's Response to None July 26, 2010 Plaintiff's Cross Motion for Partial Summary Judgment

Hearing on Defendants Motion for Partial June 25, 2010 July 30, 2010 Summary Judgment and Plaintiff's Cross (9:00am) or a date Motion convenient to the Court Plaintiff's Motion for Class Certification and August 24, 2010 September 21, 1010

Designation of Class Certification Experts

Defendant's Opposition to Motion for Class October 12, 1010 November 9, 2010 Certification and Designation of Rebuttal Class Certification Experts Plaintiff's Reply in Support of Motion for November 2, 2010 November 30, 2010 Class Certification Hearing re: Motion for Class Certification November 19, 2010 December 20, 2010 Deadline for ENE June 15, 2010 November 30, 2010

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.

WILSON ELSER MOSKOWITZ EDELMAN & DICKER 11 THOMAS M. HERLIHY

ORDER

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on June 8, 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 e-mail addresses denoted on the Electronic Mail 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 June 8, 2010.

20100608

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