D.L. Markham, DDS, 401(K) Plan v. The Variable Annuity Life Ins. Co., et al.,

Filing 15

AMENDED SCHEDULING ORDER signed by District Judge Troy L. Nunley on 2/17/2021 pursuant to 2/8/2021 Minute Order. (Tupolo, A)

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1 2 3 4 5 6 7 8 9 10 11 12 CHRIS BAKER, State Bar No. 181557 cbaker@bakerlp.com MIKE CURTIS, State Bar No. 252392 mcurtis@bakerlp.com BAKER CURTIS & SCHWARTZ, P.C. 1 California Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 433-1064 Fax: (415) 366-2525 DAVID CRUTCHER, State Bar No. 135407 david@crutcherlaw.com 790 Mission Avenue San Rafael, CA 94901 Attorneys for Plaintiffs D.L. MARKHAM, DDS, MSD, INC. 401(K) PLAN and D.L. MARKHAM, DDS, MSD, INC., as plan administrator 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 D.L. MARKHAM, DDS, MSD, INC. 401(K) PLAN; 17 1101 Maidu Drive, Auburn, California, 95603, 18 D.L. MARKHAM, DDS, MSD, INC., as plan 19 administrator; 1101 Maidu Drive, 20 Auburn, California, 95603, on behalf of themselves and others similarly situated, 21 Plaintiffs, 22 v. 23 THE VARIABLE ANNUITY LIFE 24 INSURANCE COMPANY (VALIC); VALIC FINANCIAL ADVISORS, INC,; VALIC 25 RETIREMENT SERVICES COMPANY; 2929 Allen Parkway, Houston, Texas, 77019, 26 Defendants. 27 Case No. 2:21-cv-00007-TLN-KJN AMENDED SCHEDULING ORDER Complaint Filed: January 4. 2021 Trial Date: None set 28 1 AMENDED SCHEDULING ORDER 1 Pursuant to the Court’s February 8, 2021 Minute Order [Dkt. 13], the parties, Plaintiffs 2 D.L. MARKHAM, DDS, MSD, INC. 401(k) PLAN; 1101 Maidu Drive, Auburn, California, 3 95603, D.L. MARKHAM, DDS, MSD, INC., as plan administrator; 1101 Maidu Drive, Auburn, 4 California, 95603, on behalf of themselves and others similarly situated (“Plaintiffs”) and 5 Defendants THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (VALIC), VALIC 6 FINANCIAL ADVISORS, INC. and VALIC RETIREMENT SERVICES COMPANY 7 (collectively “VALIC Defendants”), by and through their respective counsel, submit the 8 following Proposed Amended Scheduling Order: 9 10 11 The parties shall confer as required by Federal Rule of Civil Procedure 26(f) by March 5, 2021. The parties shall complete all discovery, with the exception of expert discovery, no 12 later than 365 days from the date upon which the last answer may be filed with the Court 13 pursuant to the Federal Rules of Procedure. 14 30 days after the close of discovery, Plaintiffs’ counsel shall designate in writing, 15 file with the Court, and serve upon all other parties the name, address, and area of expertise of 16 each expert that Plaintiffs propose to tender at trial or in a subsequently filed motion. The 17 designation shall be accompanied by a written report prepared and signed by the witness. The 18 report shall comply with Federal Rule of Civil Procedure 26(a)(2)(B). 19 60 days after the close of discovery, Defendants’ counsel shall designate in writing, 20 file with the Court, and serve upon all other parties the name, address, and area of expertise of 21 each expert that Defendants propose to tender at trial or in a subsequently filed motion. The 22 designation shall be accompanied by a written report prepared and signed by the witness. The 23 report shall comply with Federal Rule of Civil Procedure 26(a)(2)(B). 24 30 days after the Defendants’ designation of expert witnesses, Plaintiff may 25 designate a supplemental list of expert witnesses who will express an opinion on a subject 26 covered by Defendants’ expert(s). The right to designate a supplemental expert is for rebuttal 27 purposes only. 28 All experts designated are to be fully prepared at the time of designation to render an 2 AMENDED SCHEDULING ORDER 1 informed opinion, and given their bases for their opinion, so that they will be able to give full 2 and complete testimony at any deposition taken by the opposing party. Expert discovery shall 3 close either 30 days after Defendants’ designation of their experts or 30 days after Plaintiffs’ 4 supplemental designation, whichever is later. 5 Pursuant to Federal Rule of Civil Procedure 26(e), the parties shall exchange any 6 supplemental disclosures and responses (including expert supplemental materials) no later than 7 30 days prior to the class certification hearing date. Any supplemental disclosures and responses 8 necessary after said date will require leave of Court good cause having been shown. 9 10 11 12 13 14 Plaintiffs shall file their motion for class certification within 60 days of the supplemental expert witness designation deadline. The parties shall file dispositive motions no later than 60 days after receiving the Court’s ruling(s) on class certification. The parties shall file a Joint Notice of Trial Readiness no later than 30 days after receiving the Court’s ruling(s) on the last filed dispositive motion(s). 15 16 Dated: February 16, 2021 McDOWELL HETHERINGTON LLP 17 18 19 20 By: /S/ David T. McDowell Blaire J. Johnson Charan M. Higbee 21 22 23 Attorneys for Defendants THE VARIABLE ANNUITY LIFE INSURANCE COMPANY, VALIC FINANCIAL ADVISORS, INC, and VALIC RETIREMENT SERVICES COMPANY 24 25 26 27 28 3 AMENDED SCHEDULING ORDER 1 Dated: February 16, 2021 BAKER CURTIS & SCHWARTZ, P.C. 2 3 By: /S/ Michael Curtis Chris Baker Michael Curtis 4 5 David F. Crutcher Law Office of David F. Crutcher 6 Attorneys for Plaintiffs 7 8 9 10 IT IS SO ORDERED. 11 Dated: February 17, 2021 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 AMENDED SCHEDULING ORDER

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