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Joint Stipulation and Proposed Order Regarding Briefing and Hearing Schedule

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WATERS KRAUS & PAUL LLP 

INGRID M. EVANS (179094) 

ievans@waterskraus.com

SUNDEEP PATEL 

spatel@waterskraus (242284) 

711 Van Ness Avenue, Suite 220 

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 Vice) 

kpage@bffb.com

2901 North Central Avenue, Suite 1000 

Phoenix, AZ 85012 

Telephone: 602-274-1100 

Attorneys for Plaintiffs 

WATERS KRAUS & PAUL LLP 

CHARLES S. SIEGEL (Pro Hac Vice) 

csiegel@waterskraus.com 

3219 McKinney Avenue 

Dallas, TX 75204 

Telephone: 214-357-6244 

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 

CLASS ACTION 

JOINT STIPULATION AND 

PROPOSED ORDER REGARDING 

BRIEFING AND HEARING 

SCHEDULE FOR DEFENDANT’S 

MOTION FOR PARTIAL SUMMARY 

JUDGMENT

WHEREAS, on February 26, 2010, Defendant American National Insurance Company 

(“ANICO”) filed a Motion for Partial Summary Judgment (“Motion”). 

Case 3:09-cv-00639-SI Document 94 Filed 03/11/10 Page 1 of 3
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WHEREAS, in order to adequately respond to ANICO’s Motion, Plaintiff needs ANICO to 

produce certain documents responsive to its discovery requests and to take a Rule 30(b)(6) deposition 

of ANICO on topics relating to compliance with Cal. Ins. Code § 10127 et seq., which the parties have 

agreed will take place on or before April 16, 2010. ANICO has also agreed to produce documents 

relevant to this Rule 30(b)(6) deposition prior to the deposition date. 

WHEREAS, Plaintiff anticipates that it can file its opposition to ANICO’s Motion within ten 

(10) days of the completion of the aforementioned Rule 30(b)(6) deposition and ANICO anticipates 

that it can file its reply in support of its Motion within seven (7) days of the filing of Plaintiff’s 

opposition. 

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

Parties, through their undersigned counsel, that, with the Court’s permission, the following discovery, 

briefing and hearing schedule for ANICO’s Motion shall be adopted: 

ANICO’s Production of policy documents 

establishing the contents of the policy packets 

delivered to plaintiff and class members 

(e.g. Policy, application, cover, jacket, stickers, etc),

compiled in the same format and order as 

these materials are delivered at the time of the sale 

to plaintiff and class members: March 25, 2010

Deposition of ANICO’s Rule 30(b)(6) representative 

relating to compliance with Cal. Ins. Code § 10127,

et seq.: On or before April 16, 2010

Plaintiffs’ Response to Defendants’ Motion 

for Partial Summary Judgment: April 26, 2010

Defendants’ Reply in Support of Motion 

For Partial Summary Judgment: May 3, 2010

Hearing on ANICO’s Motion for Partial Summary 

Judgment: May__, 2010 

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DATED: March 9, 2010 BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C. 

By: /s/ 

 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: March 9, 2010 WILSON ELSER MOSKOWITZ EDELMAN & DICKER

 By: /s/ 

 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: March 9, 2010 WATERS KRAUS & PAUL 

 By: /s/ 

 INGRID M. EVANS 

ORDER

IT IS SO ORDERED. 

DATED: ____________________ 

 By 

The Honorable Susan Illston 

 District Court Judge 

Case 3:09-cv-00639-SI Document 94 Filed 03/11/10 Page 3 of 3