D.L. Markham, DDS, 401(K) Plan v. 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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CHRIS BAKER, State Bar No. 181557
[e-mail]
MIKE CURTIS, State Bar No. 252392
[e-mail]
BAKER CURTIS & SCHWARTZ, P.C.
1 California Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
DAVID CRUTCHER, State Bar No. 135407
[e-mail]
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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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16 D.L. MARKHAM, DDS, MSD, INC. 401(K)
PLAN;
17 1101 Maidu Drive,
Auburn, California, 95603,
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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,
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Plaintiffs,
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v.
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THE VARIABLE ANNUITY LIFE
24 INSURANCE COMPANY (VALIC); VALIC
FINANCIAL ADVISORS, INC,; VALIC
25 RETIREMENT SERVICES COMPANY;
2929 Allen Parkway, Houston, Texas, 77019,
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Defendants.
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Case No. 2:21-cv-00007-TLN-KJN
AMENDED SCHEDULING ORDER
Complaint Filed: January 4. 2021
Trial Date: None set

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AMENDED SCHEDULING ORDER

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Pursuant to the Court’s February 8, 2021 Minute Order [Dkt. 13], the parties, Plaintiffs

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D.L. MARKHAM, DDS, MSD, INC. 401(k) PLAN; 1101 Maidu Drive, Auburn, California,

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95603, D.L. MARKHAM, DDS, MSD, INC., as plan administrator; 1101 Maidu Drive, Auburn,

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California, 95603, on behalf of themselves and others similarly situated (“Plaintiffs”) and

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Defendants THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (VALIC), VALIC

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FINANCIAL ADVISORS, INC. and VALIC RETIREMENT SERVICES COMPANY

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(collectively “VALIC Defendants”), by and through their respective counsel, submit the

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following Proposed Amended Scheduling Order:

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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

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later than 365 days from the date upon which the last answer may be filed with the Court

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pursuant to the Federal Rules of Procedure.

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30 days after the close of discovery, Plaintiffs’ counsel shall designate in writing,

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file with the Court, and serve upon all other parties the name, address, and area of expertise of

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each expert that Plaintiffs propose to tender at trial or in a subsequently filed motion. The

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designation shall be accompanied by a written report prepared and signed by the witness. The

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report shall comply with Federal Rule of Civil Procedure 26(a)(2)(B).

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60 days after the close of discovery, Defendants’ counsel shall designate in writing,

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file with the Court, and serve upon all other parties the name, address, and area of expertise of

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each expert that Defendants propose to tender at trial or in a subsequently filed motion. The

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designation shall be accompanied by a written report prepared and signed by the witness. The

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report shall comply with Federal Rule of Civil Procedure 26(a)(2)(B).

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30 days after the Defendants’ designation of expert witnesses, Plaintiff may

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designate a supplemental list of expert witnesses who will express an opinion on a subject

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covered by Defendants’ expert(s). The right to designate a supplemental expert is for rebuttal

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purposes only.

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All experts designated are to be fully prepared at the time of designation to render an
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AMENDED SCHEDULING ORDER

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informed opinion, and given their bases for their opinion, so that they will be able to give full

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and complete testimony at any deposition taken by the opposing party. Expert discovery shall

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close either 30 days after Defendants’ designation of their experts or 30 days after Plaintiffs’

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supplemental designation, whichever is later.

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Pursuant to Federal Rule of Civil Procedure 26(e), the parties shall exchange any

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supplemental disclosures and responses (including expert supplemental materials) no later than

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30 days prior to the class certification hearing date. Any supplemental disclosures and responses

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necessary after said date will require leave of Court good cause having been shown.

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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).

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Dated: February 16, 2021

McDOWELL HETHERINGTON LLP

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By: /S/
David T. McDowell
Blaire J. Johnson
Charan M. Higbee

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Attorneys for Defendants THE VARIABLE
ANNUITY LIFE INSURANCE COMPANY,
VALIC FINANCIAL ADVISORS, INC, and
VALIC RETIREMENT SERVICES COMPANY

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AMENDED SCHEDULING ORDER

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Dated: February 16, 2021

BAKER CURTIS & SCHWARTZ, P.C.

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By: /S/ Michael Curtis
Chris Baker
Michael Curtis

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David F. Crutcher
Law Office of David F. Crutcher

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Attorneys for Plaintiffs

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IT IS SO ORDERED.

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Dated: February 17, 2021
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Troy L. Nunley
United States District Judge

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AMENDED SCHEDULING ORDER