SANTOMENNO et al v. TRANSAMERICA LIFE INSURANCE COMPANY et al
| BARBARA POLEY, KAREN POLEY and JACLYN SANTOMENNO |
| TRANSAMERICA ASSET MANAGEMENT, INC., TRANSAMERICA INVESTMENT MANAGEMENT, LLC and Transamerica Life Insurance Company |
| 2:2012cv02782 |
| March 30, 2012 |
| US District Court for the Central District of California |
| Margaret A. Nagle |
| Dean D. Pregerson |
| Labor: E.R.I.S.A. |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
411
ORDER DENYING DEFENDANTS MOTION FOR RECONSIDERATION AND CERTIFYING QUESTIONS FORINTERLOCUTORY REVIEW UNDER 28 U.S.C. 1292(b) 395 by Judge Dean D. Pregerson (lc)
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Filing
354
ORDER DENYING MOTION FOR CLASS CERTIFICATION 277 by Judge Dean D. Pregerson. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. (jre)
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Filing
348
ORDER RE PARTIES EXTRANEOUS SUBMISSIONS 335 , 338 , 341 , 347 by Judge Dean D. Pregerson: What all of these filings have in common is that they are neither noticed motions, nor ex parte applications (which, themselves, should be used sparingly1) , nor briefing requested by the Court. The parties have used the Courts docket which is to say, the Courts resources to argue minutiae ex parte without providing fair notice or procedure to their opponents. The Court also notes that, because this c ase involves confidential information, each filing also involves a cumbersome sealing process, which also requires court resources. Because Defendants submit that they have made an error in their supplemental briefing, the Court treats the request to file an amended briefing (Dkt. No. 338) as an ex parte application and grants it, in order to avoid working from erroneous filings. Apart from allowing that change, however, the Court does not consider any arguments or statements made in that filing . The three other filings are stricken in their entirety, and the Court does not consider any arguments made within them. In the future, the parties will either (1) follow the Local Rules regarding noticed motions or (2) submit clearly marked ex parte applicatons requesting specific relief and clearly showing that the conditions for ex parte relief under Ninth Circuit law are satisfied. (lc) .Modified on 3/24/2015 (lc).. Modified on 3/24/2015 (lc).
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Filing
319
ORDER DEFERRING DECISION ON CLASS CERTIFICATION AND REQUESTING CLARIFICATION FROM PARTIES by Judge Dean D. Pregerson. The Court has reviewed the parties voluminous briefing papers on the Motion for Class Certification and heard lengthy oral argument s. Nonetheless, the Court finds that certain issues remainunclear. Therefore, the Court finds it appropriate to postpone a decision on the question of class certification in order to request that the parties clarify the legal issues at the heart of t his lawsuit. The Court therefore requests additional briefing on the primary theory under which it will be argued that TLIC has breached its fiduciary duty as to fees. The Court therefore orders the following: Plaintiffs shall file an additional brie fing, not longer than 15 pages, addressing the above analysis or otherwise stating its primary theory of breach of fiduciary duty, given the issue of apparent expense sharing between the investment level and the plan level. The briefing may also ad dress, if useful, the question of what proportion of overall fees the IM/Admin fee comprises. Declarations, exhibits, and other matter accompanying the memorandum shall not exceed 150 pages. This additional briefing shall be filed not later than 1 4 days from the date of this order. Not later than 21 days after the date of this order, Defendants shall file a brief in response, limited to the same issues and the same page restriction. Further guidance: Plaintiffs should spell out, step-by-ste p, in logical sequence, what their primary theory of liability is, and upon what assumptions, legal and factual, it is based. Defendants should do the same, but from the defense perspective. The Courts sense is that this matter turns on the reso lution of a limited number of questions. Tell the Court what you think they are. Be blunt. Be concise. The Motion for Class Certification remains under submission. The Court emphasizes that it makes no holdings or findings of any kind in this order. The SCHEDULING CONFERENCE set for January 29, 2015 is VACATED. (shb)
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Filing
238
PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle re Joint APPLICATION for Protective Order for Discovery 230 (ec)
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Filing
170
ORDER DENYING DEFENDANTS MOTION TO STRIKE CLASS ALLEGATIONS 143 by Judge Dean D. Pregerson (lc). Modified on 5/21/2013 .(lc).
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Filing
160
ORDER DENYING Defendants Transamerica Life Insurance Company, Transamerica Investment Management, LLC, and Transamerica Asset Management, Inc.s Motion to Amend the Courts February 19, 2013 Order in Order to Certify for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b) 140 by Judge Dean D. Pregerson . (lc) Modified on 4/25/2013 .(lc). Modified on 4/25/2013 (lc).
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Filing
137
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTIONS TO DISMISS 103 , 104 by Judge Dean D. Pregerson: Defendant TLICs Motion to Dismiss is DENIED with respect to the ERISA claims (Counts I, II, III, IV, V,VI, VII) and GRANTED with respect to the IAA claims (Counts VIII and IX). Defendants TIM and TAMs Motion to Dismiss is DENIED. (lc). Modified on 2/19/2013 (lc). Modified on 2/19/2013 (lc).
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Filing
131
ORDER FOR SUPPLEMENTAL BRIEFING by Judge Dean D. Pregerson:By October 25, 2012, the parties shall file a joint statement, not to exceed 15 pages, explaining the Transamerica system as it relates to the Motion before the court. (lc). Modified on 10/19/2012 (lc).
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Filing
56
OPINION. Signed by Judge Esther Salas on 3/30/12. (DD, ) [Transferred from New Jersey on 3/30/2012.]
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