D.L. Markham v. Variable Annuity Life
| D.L. Markham DDS, MSD, Incorporated 401(K) Plan and D.L. Markham DDS, MSD, Incorporated, as plan administrator |
| Variable Annuity Life Insurance Company, Valic Financial Advisors, Incorporated and VALIC Retirement Services Company |
| Secretary of Labor |
| 22-20540 |
| October 14, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Employee Retirement (E.R.I.S.A.) |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 APPELLEES' BRIEF FILED. # of Copies Provided: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). E/Res's Brief deadline satisfied. Reply Brief due on 05/10/2023, for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. [22-20540] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Valic Financial Advisors, Incorporated and Variable Annuity Life Insurance Company. Date of service: 04/19/2023 via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Amicus Curiae: Colbert; Attorney for Appellees: Higbee, McDowell. [22-20540] (David T. McDowell ) [Entered: 04/19/2023 02:52 PM] |
| Filing 42 APPEARANCE FORM FILED by Attorney Daniel Joseph Colbert for Amicus Curiae Secretary of Labor in 22-20540 Sufficient Brief deadline satisfied [22-20540] (ABT) [Entered: 03/01/2023 09:30 AM] |
| Filing 41 APPEARANCE FORM received from Mr. Daniel Joseph Colbert for Secretary of Labor for the court's review. Lead Counsel? Yes. [22-20540] (Daniel Joseph Colbert ) [Entered: 02/28/2023 12:53 PM] |
| Filing 39 EXTENSION RECEIVED for Appellees Valic Financial Advisors, Incorporated and Variable Annuity Life Insurance Company. Extension Granted to and including 04/19/2023. E/Res's Brief deadline updated to 04/19/2023, for Appellees Valic Financial Advisors, Incorporated and Variable Annuity Life Insurance Company. [22-20540] (DLJ) [Entered: 02/23/2023 02:51 PM] |
| Filing 38 AMICUS CURIAE BRIEF FILED by Secretary of Labor. Consent is Not Necessary as Amicus is a Government Entity. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 (PAPER COPIES NOT REQUIRED AT THIS TIME). Sufficient Brief due on 03/14/2023, for Amicus Curiae Secretary of Labor. [22-20540] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Secretary of Labor. Date of service: 02/23/2023, via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Appellees: Higbee, McDowell. [22-20540] (Daniel Joseph Colbert ) [Entered: 02/23/2023 02:19 PM] |
| Filing 37 RECORD EXCERPTS FILED. # of Copies Provided: 0 [22-20540] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. Date of service: 02/16/2023 via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Appellees: Higbee, McDowell [22-20540] (Christopher D. Baker ) [Entered: 02/16/2023 02:33 PM] |
| Filing 36 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 03/20/2023 for Appellees Valic Financial Advisors, Incorporated and Variable Annuity Life Insurance Company [22-20540] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. Date of service: 02/16/2023 via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Appellees: Higbee, McDowell [22-20540] (Christopher D. Baker ) [Entered: 02/16/2023 02:30 PM] |
| Filing 35 CLERK ORDER granting Motion to withdraw as counsel filed by Ms. Elizabeth P. Wroblewski [ # 34 ] [22-20540] (ABT) [Entered: 01/31/2023 08:22 AM] |
| Filing 34 MOTION filed by Attorney Ms. Elizabeth P. Wroblewski for Appellees Valic Financial Advisors, Incorporated and Variable Annuity Life Insurance Company to withdraw as counsel [34]. Date of Service: 01/30/2023 via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Appellees: Higbee, McDowell, Wroblewski [22-20540] (Elizabeth P. Wroblewski ) [Entered: 01/30/2023 02:36 PM] |
| Filing 33 LETTER filed by Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan Letter re Unopposed Request for Extension of Briefing Deadline. Date of Service: 12/08/2022 via email - Attorney for Appellants: Baker, Crutcher, Dolinko, Edwards; Attorney for Appellees: Higbee, McDowell, Wroblewski [22-20540] (John Saul Edwards Jr.) [Entered: 12/08/2022 11:52 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-20540] (DDL) [Entered: 12/07/2022 10:37 AM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/17/2023 for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. [22-20540] (DDL) [Entered: 12/07/2022 10:37 AM] |
| EXTENSION RECEIVED for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. Extension Granted to and including 02/16/2023. A/Pet's Brief deadline updated to 02/16/2023 for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. [22-20540] (RLL) [Entered: 12/07/2022 03:32 PM] |
| TRANSCRIPT FILED IN DISTRICT COURT. Transcript Order: Court Reporter: Kimberly Bennett, Dt. Filed in Dist. Ct: 11/30/2022. Transcript Due/Court Reporter Discount Date canceled. [22-20540] (DLJ) [Entered: 12/01/2022 01:01 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:22-CV-974. Electronic ROA due on 12/16/2022. [22-20540] (DLJ) [Entered: 12/01/2022 01:04 PM] |
| ACKNOWLEDGMENT received from Court Reporter Kimberly Bennett. Transcript Order: Court Reporter: Kimberly Bennett, Est. Completion Dt: 12/02/2022, Dt. Fin Arrangements Made: 11/02/2022, Dt. Trans. to be Filed: 12/02/2022, Proceeding Type and Date: Motion Hearing 02/15/2022. Transcript Due/Court Reporter Discount Date is 12/02/2022, for Kimberly Bennett, Court Reporter. [22-20540] NOTE: Deadline updated as a courtesy upon request from Eastern Dist. CA Court Reporter Kimberly Bennett. (DLJ) [Entered: 11/14/2022 03:21 PM] |
| NO COURT REPORTER ACKNOWLEDGMENT RECEIVED for Court Reporter Kimberly Bennett. Transcript Order: Proceeding Type and Date: Motion Hearing 02/15/2022. Court Reporter: Kimberly Bennett, Dt. Ct. Rprt. Time Begins: 10/18/2022. Transcript deadlines created - Ct. Reporter Acknowledgment deadline canceled. Transcript Due/Court Reporter Discount Date is 11/17/2022 for Kimberly Bennett, Court Reporter. [22-20540] (DLJ) [Entered: 11/14/2022 12:25 PM] |
| APPEARANCE FORM FILED by Attorney Christopher D. Baker for Appellant D.L. Markham DDS, MSD, Incorporated in 22-20540, Attorney Christopher D. Baker for Appellant D.L. Markham DDS, MSD, Incorporated 401(K) Plan in 22-20540, by Attorney(s) David F. Crutcher, Robert Allan Dolinko for party(s) Appellant D.L. Markham DDS, MSD, Incorporated Appellant D.L. Markham DDS, MSD, Incorporated 401(K) Plan, in case 22-20540 [22-20540] (ABT) [Entered: 10/28/2022 03:10 PM] |
| TRANSCRIPT ORDER received from Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. DETAILS: Transcript Order: Court Reporter: Kimberly Bennett, Proceeding Type and Date: Motion Hearing 02/15/2022. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 11/07/2022, for Kimberly Bennett, Court Reporter. Electronic Filing Processed [ # 9963913-2 ]. [22-20540] (DLJ) [Entered: 10/28/2022 12:28 PM] |
| APPEARANCE FORM received from Mr. Christopher D. Baker for D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan for the court's review. Lead Counsel? Yes. [22-20540] (Christopher D. Baker ) [Entered: 10/27/2022 11:58 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20540] (Robert Allan Dolinko ) [Entered: 10/27/2022 02:12 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20540] (David F. Crutcher ) [Entered: 10/27/2022 06:54 PM] |
| APPEARANCE FORM FILED by Attorney Elizabeth P. Wroblewski for Appellees Variable Annuity Life Insurance Company and Valic Financial Advisors, Incorporated, in case 22-20540. [22-20540] (DLJ) [Entered: 10/24/2022 08:06 AM] |
| APPEARANCE FORM FILED by Attorney Charan M. Higbee for Appellee Variable Annuity Life Insurance Company and Valic Financial Advisors, Incorporated, in case 22-20540. [22-20540] (DLJ) [Entered: 10/24/2022 08:11 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20540] (Charan M. Higbee ) [Entered: 10/21/2022 01:09 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20540] (Elizabeth P. Wroblewski ) [Entered: 10/21/2022 12:06 PM] |
| ATTORNEY NOT PARTICIPATING. David McDowell is designated as inactive in this case ONLY as to Appellee VALIC Retirement Services Company. Reason: Counsel confirmed via e-mail that he does not represent the party on appeal. [22-20540] (DLJ) [Entered: 10/20/2022 12:37 PM] |
| CASE CAPTION updated. Involvement terminated for Appellee VALIC Retirement Services Company in 22-20540. Reason: Party was inadvertently added at case opening. [22-20540] (DLJ) [Entered: 10/20/2022 12:57 PM] |
| APPEARANCE FORM FILED by Attorney David T. McDowell for Appellees Variable Annuity Life Insurance Company and Valic Financial Advisors, Incorporated in 22-20540. [22-20540] (DLJ) [Entered: 10/20/2022 12:35 PM] |
| APPEARANCE FORM received from Mr. David T. McDowell for Valic Financial Advisors, Incorporated, VALIC Retirement Services Company and Variable Annuity Life Insurance Company for the court's review. Lead Counsel? Yes. [22-20540] (David T. McDowell ) [Entered: 10/19/2022 08:19 AM] |
| ATTORNEY TRANSCRIPT ORDER form filed by Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan Transcript Order Form for the Court to process. Date of service: 10/18/2022 via email - Attorney for Appellants: Baker, Edwards; Attorney for Appellee: McDowell. [22-20540] (John Saul Edwards Jr.) [Entered: 10/18/2022 04:53 PM] |
| APPEARANCE FORM FILED by Attorney John Saul Edwards, Jr., for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan, in case 22-20540. [22-20540] (DLJ) [Entered: 10/18/2022 09:57 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9962415-2] Initial AA Check Due satisfied. Transcript order due on 11/01/2022, for Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan. [22-20540] (DLJ) [Entered: 10/17/2022 12:33 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20540] (John Saul Edwards Jr.) [Entered: 10/17/2022 07:07 PM] |
| PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants D.L. Markham DDS, MSD, Incorporated and D.L. Markham DDS, MSD, Incorporated 401(K) Plan [22-20540] (SDH) [Entered: 10/14/2022 11:58 AM] |
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