D.L. Markham, DDS, 401(K) Plan v. The 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)

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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

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