D.L. Markham, DDS, 401(K) Plan v. Variable Annuity Life Ins. Co., et al.,
Filing
17
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/17/2021 ORDERING that the VALIC Defendants shall have a second extension to and including 3/1/2021 to answer or otherwise respond to #1 Complaint. (Huang, H)
1
2
3
4
5
6
7
8
9
10
11
12
David T. McDowell, TX Bar No. 00791222
(Admitted Pro Hac Vice)
Blaire Bruns Johnson Texas Bar No. 24064968*
(Pro Hac Application To Be Filed)
McDOWELL HETHERINGTON LLP
1001 Fannin Street, Suite 2700
Houston, TX 77002
Telephone: 713.337.5580
Facsimile: 713.337.8850
Email: david.mcdowell@mhllp.com
blaire.johnson@mhllp.com
Charan M. Higbee No. 148293
McDOWELL HETHERINGTON LLP
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
Telephone: 510.628.2145
Facsimile: 510.628.2146
Email:
charan.higbee@mhllp.com
Attorneys for Defendants THE VARIABLE ANNUITY
LIFE INSURANCE COMPANY, VALIC FINANCIAL
ADVISORS, INC, and VALIC RETIREMENT SERVICES
COMPANY
13
14
UNITED STATES DISTRICT COURT
15
EASTERN DISTRICT OF CALIFORNIA
16
D.L. MARKHAM, DDS, MSD, INC. 401(K)
17 PLAN;
1101 Maidu Drive,
18 Auburn, California, 95603,
19 D.L. MARKHAM, DDS, MSD, INC., as plan
administrator;
20 1101 Maidu Drive,
Auburn, California, 95603, on behalf of
21 themselves and others similarly situated,
22
23
Case No. 2:21-cv-00007-TLN-KJN
SECOND STIPULATION TO EXTEND
TIME FOR DEFENDANTS TO RESPOND
TO PLAINTIFFS’ COMPLAINT AND
ORDER THEREON
[L.R. 144(a)]
Complaint Filed: January 4. 2021
Trial Date: None set
Plaintiffs,
v.
24 THE VARIABLE ANNUITY LIFE
INSURANCE COMPANY (VALIC); VALIC
25 FINANCIAL ADVISORS, INC,; VALIC
RETIREMENT SERVICES COMPANY;
26 2929 Allen Parkway, Houston, Texas, 77019,
27
Defendants.
28
Case No. 2:21-cv-00007-TLN-KJN
1
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’
COMPLAINT
1
IT IS HEREBY STIPULATED, by and between Plaintiffs D.L. MARKHAM, DDS,
2
MSD, INC. 401(K) PLAN; 1101 Maidu Drive, Auburn, California, 95603, D.L. MARKHAM,
3
DDS, MSD, INC., as plan administrator; 1101 Maidu Drive, Auburn, California, 95603, on
4
behalf of themselves and others similarly situated (“Plaintiffs”) and Defendants THE
5
VARIABLE ANNUITY LIFE INSURANCE COMPANY (VALIC); VALIC FINANCIAL
6
ADVISORS, INC.; VALIC RETIREMENT SERVICES COMPANY; 2929 Allen Parkway,
7
Houston, Texas, 77019, (collectively “VALIC Defendants”), by and through their respective
8
counsel, as follows:
9
The VALIC Defendants were served with Plaintiffs’ Complaint [Doc. 1 filed in this
10
action] (“the Complaint”) on January 5, 2021 and their response to the Complaint was due on
11
January 26, 2021;
12
Plaintiffs and the VALIC Defendants agreed and stipulated to an extension, to and
13
including February 22, 2021, for the VALIC Defendants to answer or otherwise respond to the
14
Complaint [Doc. 8];
15
Lead trial counsel for the VALIC Defendants, David T. McDowell, lives and works in
16
Houston, Texas, as do the attorneys and employees for the VALIC Defendants who are assisting
17
with the preparation of the VALIC Defendants’ responses to the Complaint;
18
Mr. McDowell and the relevant attorneys and employees of the VALIC Defendants
19
have been unable to go to their offices in Houston this week (February 16 through 17) due to
20
severe weather conditions in Houston, and they have been unable to adequately work from home
21
due to ongoing service disruptions including the loss of power, heat and water;
22
23
For these reasons, the parties agree that the VALIC Defendants shall have a second
extension to and including March 1, 2021 to answer or otherwise respond to the Complaint; and
24
25
This extension will not alter the date of any event or deadline already fixed by Court
order.
26
27
28
Case No. 2:21-cv-00007-TLN-KJN
2
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’
COMPLAINT
1
Dated: February 17, 2021
McDOWELL HETHERINGTON LLP
2
3
By: /S/ Charan M. Higbee
David T. McDowell
Charan M. Higbee
4
5
6
Attorneys for Defendants THE VARIABLE
ANNUITY LIFE INSURANCE COMPANY,
VALIC FINANCIAL ADVISORS, INC, and
VALIC RETIREMENT SERVICES COMPANY
7
8
9
10
Dated: February 17, 2021
BAKER CURTIS & SCHWARTZ, P.C.
11
By: /S/ Michael Curtis
Chris Baker
Michael Curtis
12
13
14
David F. Crutcher
Law Office of David F. Crutcher
15
Attorneys for Plaintiffs
16
17
18
19
ORDER
Pursuant to the above stipulation of the parties and good cause having been shown, IT IS
SO ORDERED
20
21
22
23
Dated: February 17, 2021
Troy L. Nunley
United States District Judge
24
25
26
27
28
Case No. 2:21-cv-00007-TLN-KJN
3
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’
COMPLAINT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?