D.L. Markham, DDS, 401(K) Plan v. Variable Annuity Life Ins. Co., et al.,
Plaintiff: D.L. Markham, DDS, MSD, Inc. 401(K) Plan and D.L. Markham, DDS, MSD, Inc.
Defendant: The Variable Annuity Life Insurance Company (VALIC), VALIC Financial Advisors, Inc., VALIC Retirement Services Company and Variable Annuity Life Insurance Company
Case Number: 2:2021cv00007
Filed: January 4, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Kendall J Newman
Referring Judge: Troy L Nunley
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2021 Filing 20 MOTION to DISMISS by Variable Annuity Life Insurance Company. Motion Hearing set for 4/15/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Declaration of Eric Levy, #2 Points and Authorities)(McDowell, David) Modified on 3/2/2021 (Kaminski, H).
March 1, 2021 Filing 19 MOTION to DISMISS by VALIC Financial Advisors, Inc., VALIC Retirement Services Company. Motion Hearing set for 4/15/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice)(McDowell, David) Modified on 3/1/2021 (Kaminski, H).
March 1, 2021 Filing 18 MOTION to CHANGE VENUE by VALIC Financial Advisors, Inc., VALIC Retirement Services Company, Variable Annuity Life Insurance Company. Motion Hearing set for 4/15/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Declaration of Eric Levy, #2 Points and Authorities, #3 Request for Judicial Notice)(Higbee, Charan) Modified on 3/1/2021 (Kaminski, H).
February 18, 2021 Opinion or Order 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)
February 17, 2021 Filing 16 SECOND STIPULATION and PROPOSED ORDER for Extending Time for Defendants to Respond to Plaintiffs' Complaint by VALIC Financial Advisors, Inc., VALIC Retirement Services Company, Variable Annuity Life Insurance Company. (Higbee, Charan) Modified on 2/18/2021 (Kastilahn, A).
February 17, 2021 Opinion or Order 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)
February 16, 2021 Filing 14 PROPOSED ORDER re Joint Proposed Amended Scheduling Order re Minute Order (ECF No. 13) , by D.L. Markham, DDS, MSD, Inc., D.L. Markham, DDS, MSD, Inc. 401(K) Plan. (Curtis, Michael) Modified on 2/17/2021 (Kastilahn, A).
February 8, 2021 Filing 13 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/8/2021: The Court has read and considered the parties' joint statement identifying this case as an ERISA and putative class action. (ECF No. #10 .) Accordingly, the parties are ordered to submit a proposed amended scheduling order setting forth proposed deadlines for discovery, class certification, and any other relevant dates for this matter within seven (7) days of this Order. (Text Only Entry) (Krueger, M)
February 8, 2021 Opinion or Order Filing 12 PRO HAC VICE ORDER signed by District Judge Troy L. Nunley on 2/5/2021 ADDING attorney David T. McDowell, PHV for all Defendants. (Huang, H)
February 5, 2021 Filing 11 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by All Defendants for attorney David T. McDowell to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9401609) (Attachments: #1 Certificate of Good Standing)(Higbee, Charan) Modified on 2/8/2021 (Huang, H).
February 3, 2021 Filing 10 JOINT STATEMENT of Identifying Type of Case: ERISA and Putative Class Action filed by Defendants VALIC Financial Advisors, Inc., VALIC Retirement Services Company, Variable Annuity Life Insurance Company. (Higbee, Charan)
February 2, 2021 Filing 9 NOTICE OF INTERESTED PARTIES by VALIC Financial Advisors, Inc., VALIC Retirement Services Company, Variable Annuity Life Insurance Company. (Higbee, Charan)
January 25, 2021 Filing 8 STIPULATION to Extend Time to Respond to Complaint #1 by The Variable Annuity Life Insurance Company, VALIC Financial Advisors, Inc., VALIC Retirement Services Company. Attorney Higbee, Charan M. added. (Higbee, Charan) Modified on 1/29/2021 (Reader, L).
January 19, 2021 Filing 7 NOTICE OF INTERESTED PARTIES by All Plaintiffs. (Baker, Christopher)
January 6, 2021 Filing 6 SUMMONS RETURNED EXECUTED: VALIC Retirement Services Company served on 1/5/2021, answer due 1/26/2021. (Baker, Christopher)
January 6, 2021 Filing 5 SUMMONS RETURNED EXECUTED: VALIC Financial Advisors, Inc. served on 1/5/2021, answer due 1/26/2021. (Baker, Christopher)
January 6, 2021 Filing 4 SUMMONS RETURNED EXECUTED: The Variable Annuity Life Insurance Company (VALIC) served on 1/5/2021, answer due 1/26/2021. (Baker, Christopher)
January 4, 2021 Filing 3 SUMMONS ISSUED as to *The Variable Annuity Life Insurance Company (VALIC), VALIC Financial Advisors, Inc., VALIC Retirement Services Company* with answer to complaint due within *21* days. Attorney *Christopher D. Baker* *Baker Curtis & Schwartz, P.C.* *1 California St., Suite 1250* *San Francisco, CA 94111*. (Benson, A.)
January 4, 2021 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.)
January 4, 2021 Filing 1 COMPLAINT against All Defendants by D.L. Markham, DDS, MSD, Inc. 401(K) Plan, D.L. Markham, DDS, MSD, Inc., as plan administrator. Attorney Baker, Christopher D. added. (Filing fee $ 402, receipt number 0972-9335280) (Attachments: #1 Civil Cover Sheet)(Baker, Christopher)

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Defendant: The Variable Annuity Life Insurance Company (VALIC)
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Defendant: VALIC Financial Advisors, Inc.
Represented By: David T. McDowell, PHV
Represented By: Charan M. Higbee
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Defendant: VALIC Retirement Services Company
Represented By: David T. McDowell, PHV
Represented By: Charan M. Higbee
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Defendant: Variable Annuity Life Insurance Company
Represented By: David T. McDowell, PHV
Represented By: Charan M. Higbee
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Plaintiff: D.L. Markham, DDS, MSD, Inc. 401(K) Plan
Represented By: Christopher D. Baker
Represented By: Michael Paul Curtis
Represented By: David Franklin Crutcher
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Plaintiff: D.L. Markham, DDS, MSD, Inc.
Represented By: Christopher D. Baker
Represented By: Michael Paul Curtis
Represented By: David Franklin Crutcher
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