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CERTIFICATE OF SERVICE

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WATERS KRAUS & PAUL LLP 

INGRID M. EVANS (179094) 

ievans@waterskraus.com

DAVID L. CHENG (240926) 

dcheng@waterskraus.com

601 Van Ness Avenue, Suite 2080 

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 Pending) 

kpage@bffb.com

2901 North Central Avenue, Suite 1000 

Phoenix, AZ 85012 

Telephone: 602-274-1100 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

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, 

 Plaintiff, 

v.

AMERICAN NATIONAL INSURANCE 

COMPANY, a Texas corporation, 

 Defendant. 

______________________________________

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Case No. CV 09-0639-SI 

STIPULATION AND [PROPOSED] 

ORDER REGARDING REVISED 

BRIEFING SCHEDULE FOR 

DEFENDANT’S MOTION FOR 

PARTIAL SUMMARY JUDGMENT 

(Assigned to the Honorable Susan Illston)

 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 

Case 3:09-cv-00639-SI Document 115 Filed 05/28/10 Page 1 of 4
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CERTIFICATE OF SERVICE

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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 date for filing Plaintiff’s Response in Opposition to Defendant’s Motion 

for Partial Summary Judgment was extended by stipulation and order of the Court to May 25, 

2010.

 WHEREAS, Plaintiff has noticed certain depositions of ANICO pursuant to Rule 

30(b)(6) on topics relating to actuarial methods, policies, and compliance, and corporate policies 

and compliance, which will take place on May 25-27, 2010. Plaintiff reasonably anticipates 

information acquired during these depositions will be relevant in responding to Defendant’s 

Motion.

 WHEREAS, the parties have agreed for purposes of judicial efficiency and economy, to 

extend the filing deadline for Plaintiff’s Response in Opposition to Defendant’s Motion for 

Partial Summary Judgment to June 1, 2010 and Defendant’s Reply in Support for Partial 

Summary Judgment to June 16, 2010. 

 THEREFORE, it is hereby stipulated between the undersigned parties, through their 

counsel of record, that, with the Court’s permission, the following briefing schedule for 

Defendant’s Motion shall be adopted: 

Deposition of ANICO’s Rule 30(b)(6)

representative relating to actuarial

methods, policies, and compliance, and 

corporate policies and compliance: On or before May 27, 2010

Plaintiff’s Response in Opposition to 

Defendant’s Motion for Partial 

Summary Judgment: June 1, 2010

Defendant’s Reply in Support for Partial 

Summary Judgment: June 16, 2010

Case 3:09-cv-00639-SI Document 115 Filed 05/28/10 Page 2 of 4
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CERTIFICATE OF SERVICE

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Hearing on Defendant’s Motion for Partial 

Summary Judgment: June 25, 2010

DATED: May 20, 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 

DATED: May 20, 2010 WILSON ELSER MOSKOWITZ EDELMAN & DICKER 

 By: /s/Thomas M. Herilhy

 THOMAS M. HERILHY

Attorneys for Defendant AMERICAN NATIONAL 

INSURANCE COMPANY

ATTESTATION OF SIGNATURE

(N.D. Cal. General Order 45) 

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. 

DATED: May 20, 2010 BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C.

 By: /s/Andrew S. Friedman

 ANDREW S. FRIEDMAN

ORDER

IT IS SO ORDERED. 

DATED: ____________________ 

 By 

The Honorable Susan Illston 

District Court Judge

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CERTIFICATE OF SERVICE

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CERTIFICATE OF SERVICE 

 I hereby certify that on May 20, 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, and I hereby certify that I have mailed the 

foregoing document or paper via the United States Postal Service to the non-CM/ECF 

participants indicated on the Manual 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 May 20, 2010. 

By: /s/Nancy Varner

 Nancy Varner 

BONNETT FAIRBOURN FRIEDMAN 

& BALINT, PC 

2901 North Central Avenue, Suite 1000 

Phoenix, Arizona 85012 

602-274-1100

602-274-1199 facsimile 

Email: nvarner@bffb.com 

Case 3:09-cv-00639-SI Document 115 Filed 05/28/10 Page 4 of 4