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