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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

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WATERS KRAUS & PAUL 

INGRID M. EVANS (179094) 

ievans@waterskraus.com

SUNDEEP PATEL (242284) 

spatel@waterskraus.com 

711 Van Ness Avenue, Suite 220 

San Francisco, CA 94102 

Telephone: (415/296-6060 or 

800/226-9880

214/777-0470 (fax) 

BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. 

ANDREW S. FRIEDMAN (Pro Hac Vice admission)

afriedman@bffb.com 

KIMBERLY C. PAGE (Pro Hac Vice admission)

kpage@bffb.com

2901 N. Central Avenue, Suite 1000 

Phoenix, AZ 85012 

Telephone: 602/274-1100 

602/274-1199 (fax) 

Attorneys for Plaintiff and the Putative Class 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

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, 

vs.

AMERICAN NATIONAL INSURANCE 

COMPANY, a Texas corporation. 

Defendant.

Case No. CV 09 0639 SI 

CLASS ACTION

STIPULATION AND [PROPOSED] 

ORDER CONTINUING BRIEFING 

SCHEDULE

Judge Susan Illston 

Action Filed: 02/12/09 

This stipulation is made between Plaintiff DAPHNE P. RAND, by and through DEBRA J. 

DOLCH, as Conservator of the Person and Estate of DAPHNE P. RAND, Conservatee, 

(“Plaintiff”) and Defendant American National Insurance Company (“ANICO” or “Defendant”), 

by and through their respective counsel of records, based on the following: 

Case 3:09-cv-00639-SI Document 111 Filed 05/05/10 Page 1 of 4
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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

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WHEREAS, on April 23, 2010, due to plaintiff’s counsel’s unavailability and for purposes 

of Judicial efficiency and economy, the parties submitted a Stipulation and Proposed Order 

requesting a continuance of the hearings on Plaintiff’s Motion to Substitute, previously set for 

hearing on May 7, 2010, and Defendant’s Motion for Partial Summary Judgment, previously set 

for May 14, 2010, to June 25, 2010 at 9:00 a.m. in Department 10 (the date provided by the 

Court’s scheduling clerk).

WHEREAS, on April 28, 2010, the Court ordered that the hearings on Plaintiff’s Motion 

for Substitution and Defendant’s Motion for Partial Summary Judgment are continued to 

June 25, 2010. 

WHEREAS, the parties have agreed on the following proposed briefing schedule, which 

allows them sufficient time to complete their respective submissions in connection with the 

pending motions and provides for the final briefs to be submitted two weeks in advance of the 

rescheduled hearing date: 

Plaintiff’s Reply in Support of Motion to Substitute May 25, 2010 

Plaintiff’s Opposition to Defendant’s Motion for Partial 

Summary Judgment 

May 25, 2010 

Defendant’s Reply in Support of Motion for Partial

Summary Judgment 

June 11, 2010 

WHEREAS, the parties are still conducting discovery: The parties have not yet completed 

document production; depositions of several of ANICO’s Corporate Representatives are scheduled 

for the week of May 24, 2010, and there are additional depositions to be scheduled. The parties 

believe that the current scheduling order on class certification should be modified to allow for 

completion of discovery, resolution of any discovery disputes and any other matters, as follows: 

Current Date Proposed Date 

Hearing on Motion for Class Certification September 1, 2010 November 19, 2010, or a 

date convenient to the 

court

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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

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Class Certification Motion and 

Designation of Class Certification Experts 

due

June 24, 2010 August 24, 2010 

Opposition and Designation of Rebuttal 

Class Certification Experts due 

August 9, 2010 October 12, 2010 

Reply due August 23, 2010 November 2, 2010 

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

counsel of record, that the briefing schedule for Plaintiff’s Motion to Substitute, Defendant’s 

Motion for Partial Summary Judgment and the class certification briefing may be continued as set 

forth above, subject to approval by the Court.

DATED: April 30, 2010 WATERS, KRAUS & PAUL 

By: /s/ 

 INGRID M. EVANS 

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: April 30, 2010 GREER, HERZ & ADAMS, LLP 

 By: /s/ 

 JOSEPH R. RUSSO 

Attorneys for Defendant AMERICAN NATIONAL 

INSURANCE COMPANY 

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STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE

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ATTESTATION OF SIGNATURE

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. 

DATED: April 30, 2010 WATERS, KRAUS & PAUL 

By: /s/ 

 INGRID M. EVANS 

IT IS SO ORDERED. 

DATED: ____________________ 

 By 

The Honorable Susan Illston 

 District Court Judge 

Case 3:09-cv-00639-SI Document 111 Filed 05/05/10 Page 4 of 4