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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND 

HEARING DATE FOR DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND 

PLAINTIFF’S CROSS MOTION 

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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 AND HEARING DATE FOR 

DEFENDANT’S MOTION FOR 

PARTIAL SUMMARY JUDGMENT AND 

PLAINTIFF’S CROSS MOTION 

Judge Susan Illston 

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”), 

Case 3:09-cv-00639-SI Document 128 Filed 07/21/10 Page 1 of 4
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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND 

HEARING DATE FOR DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND 

PLAINTIFF’S CROSS MOTION 

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

WHEREAS, on February 26, 2010, Defendant filed a Motion for Partial Summary 

Judgment (“Motion”); 

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, on July 12, 2010, Defendant filed its Reply to Plaintiff’s Response to 

Defendant’s Motion for Partial Summary Judgment and Response to Plaintiff’s Cross-Motion for 

Partial Summary Judgment (“Response Motion”) and Supporting Declarations.

WHEREAS, the date for filing Plaintiff’s Reply to Defendant’s Response to Plaintiff’s 

Cross Motion for Partial Summary Judgment (“Reply Motion”) is July 26, 2010.

WHEREAS, the parties have agreed to move the date for filing of Plaintiff’s Reply Motion 

to August 23, 2010 in order to allow Plaintiffs to have sufficient time to allow Plaintiffs to depose 

witnesses who have submitted Declarations Supporting Defendant’s Response Motion. 

WHEREAS, the hearing on Defendant’s Motion for Partial Summary Judgment and 

Plaintiff’s Cross Motion is currently is set to be heard on July 30, 2010 at 9:00 a.m.; 

WHEREAS, the parties have agreed to move the hearing date of Defendant’s Motion for 

Partial Summary Judgment and Plaintiff’s Cross Motion to August 27, 2010 at 9:00 a.m, or a date 

convenient to the Court, in order to provide sufficient time for Plaintiff to depose witnesses who 

have submitted Declarations Supporting Defendant’s Response Motion, and so there will be a 

sufficient amount of time between the date Plaintiff’s Reply Motion is filed and the hearing.

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND 

HEARING DATE FOR DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND 

PLAINTIFF’S CROSS MOTION 

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the 

parties, through their undersigned counsel, that the parties request a revised schedule as follows: 

Current Date Proposed Date 

Plaintiff’s Reply to Defendant’s Response 

to Plaintiff’s Cross Motion for Partial 

Summary Judgment 

Hearing on Defendant’s Motion for Partial 

Summary Judgment and Plaintiff’s Cross

Motion

July 26, 2010 

July 30, 2010 

August 23, 2010 

August 27, 2010 

 (9:00 a.m.) or a date 

convenient to the Court

 

DATED: July 19, 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: July 19, 2010 GREER, HERZ & ADAMS, LLP 

 By: /s/ 

 JOSEPH R. RUSSO 

Attorneys for Defendant AMERICAN NATIONAL 

INSURANCE COMPANY 

SEPTEMBER 3,

2010

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING SCHEDULE AND 

HEARING DATE FOR DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND 

PLAINTIFF’S CROSS MOTION 

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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: July 19, 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 128 Filed 07/21/10 Page 4 of 4