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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE 

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WATERS KRAUS & PAUL LLP 

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, 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 

PLAINTIFF’S CROSS 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 133 Filed 08/24/10 Page 1 of 4
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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE 

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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, on June 1, 2010, Plaintiff filed her Response to Defendant’s Motion for 

Partial Summary Judgment and Cross Motion for Partial Summary Judgment. 

 WHEREAS, on July 12, 2010, Defendant filed its Reply in Support of Motion for Partial 

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

 WHEREAS, the date for filing Plaintiff’s Reply in Support of her Cross Motion for 

Partial Summary Judgment is August 23, 2010. 

 WHEREAS, on August 19, 2010, the Court moved the hearing date on these motions 

from September 3, 2010 to September 10, 2010. 

 WHEREAS, to accommodate Plaintiff’s counsel’s schedule and to allow Plaintiff 

sufficient time to review and incorporate deposition testimony of Defendant’s expert that was 

just concluded on August 18, 2010, Defendant has consented to a two-day extension to August 

25, 2010, for Plaintiff to file her Reply in Support of her Cross Motion for Partial Summary 

Judgment and Plaintiff has agreed that it will not raise a timeliness objection to any subsequent 

filing by Defendant based on the delay caused by this proposed reply-date extension. 

 WHEREAS, the requested extension of the briefing schedule will not affect the setting of 

the hearing. 

 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 

Plaintiffs’ Cross Motion for Partial Summary Judgment shall be adopted: 

Plaintiff’s Reply in Support for of Cross Motion 

For Partial Summary Judgment: August 25, 2010 

Case 3:09-cv-00639-SI Document 133 Filed 08/24/10 Page 2 of 4
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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE 

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DATED: August 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: August 20, 2010 GREER, HERZ & ADAMS, LLP

 By: /s/Joseph R. Russo

 JOSEPH R. RUSSO

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: August 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

Case 3:09-cv-00639-SI Document 133 Filed 08/24/10 Page 3 of 4
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CERTIFICATE OF SERVICE

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CERTIFICATE OF SERVICE 

 I hereby certify that on August 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 email 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 August 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 133 Filed 08/24/10 Page 4 of 4