U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:11-cv-03639

Transcription

1 US District Court Civil Docket as of 6/01/2012 Retrieved from the court on June 29, 2012 U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:11-cv Hall et al v. The Variable Annuity Life Insurance Company et al Date Filed: 10/12/2011 Assigned to: Judge Sim Lake Date Terminated: 05/31/2012 Case in other court: Arizona, 4:09-cv Jury Demand: Plaintiff Cause: 15:78m(a) Securities Exchange Act Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff John Hall on behalf of themselves and all others similarly situated represented by Amy Marie Wilkins Hagens Berman Sobol Shapiro LLP 11 W Jefferson St Ste 1000 Phoenix, AZ Fax: TERMINATED: 09/02/2011 Austin P Tighe, Jr Feazell & Tighe LLP 6618 Sitio Del Rio Blvd Building C-101 Austin, TX Fax: austin@feazell-tighe.com Joel Grant Woods Grant Woods PC Two Renaissance Square 40 N Central Ave., Ste Phoenix, AZ Fax: Robert B Carey Hagens Berman Sobol Shapiro PLLC 11 W Jefferson St Ste 1000

2 Phoenix, AZ Fax: Leonard W Aragon Hagens Berman Sobol Shapiro 11 W Jefferson St Ste 1000 Phoenix, AZ Fax: leonard@hbsslaw.com Plaintiff Brenda Hall represented by Amy Marie Wilkins on behalf of themselves and all others similarly situated TERMINATED: 09/02/2011 Austin P Tighe, Jr Joel Grant Woods Robert B Carey Leonard W Aragon V. Variable Annuity Life Insurance Company represented by Andrew Martin Jacobs Snell & Wilmer LLP 1 S Church Ave Ste 1500 Tucson, AZ Fax:

3 Ashley B Vinson Akin Gump Strauss Hauer & Feld LLP - San Francisco, CA 580 California St., Ste San Francisco, CA Fax: Daniel McNeel Lane, Jr Akin Gump et al 300 Convent St Ste 1500 San Antonio, TX Fax: nlane@akingump.com Matthew E Pepping Akin Gump Strauss Hauer and Feld LLP 300 Convent Street Suite 1600 San Antonio, TX mpepping@akingump.com Variable Annuity Marketing Company Variable Annuity Life Insurance Company Separate Account A Valic Financial Advisors Incorporated John A Graf represented by Daniel McNeel Lane, Jr

4 Robert A Devlin represented by Daniel McNeel Lane, Jr Kent E Barrett Bruce R Abrams represented by Daniel McNeel Lane, Jr M Kathleen Adamson represented by Daniel McNeel Lane, Jr Mary L Cavanaugh represented by Daniel McNeel Lane, Jr Carl J Santillo Robert P Condon Rebecca G Campbell Unknown Parties named as Does inclusive

5 Date Filed # Docket Text 12/21/ COMPLAINT. Filing fee received: $ , receipt number , filed by Brenda Hall, John Hall. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Cover Sheet Civil Cover Sheet Attachment, # 3 Summons Summons to Variable Annuity Life Insurance Company, # 4 Summons Summons to The Variable Annuity Marketing Company, # 5 Summons Summons to The Variable Annuity Life Insurance Company Separate Account A, # 6 Summons Summons to VALIC Financial Advisors, Inc., # 7 Summons Summons to Abrams, # 8 Summons Summons to Santillo, # 9 Summons Summons to Graf, # 10 Summons Summons to Barrett, # 11 Summons Summons to Adamson, # 12 Summons Summons to Cavanaugh, # 13 Summons Summons to Campbell, # 14 Summons Summons to Condon, # 15 Summons Summons to Devlin)(Aragon, Leonard) (Entered: 12/21/2009) 12/21/ This case has been assigned to the Honorable John M. Roll. All future pleadings or documents should bear the correct case number: 09-CV-712-TUC-JMR. (PAA, ) (Entered: 12/22/2009) 12/22/ Summons Issued as to Bruce R. Abrams, M. Kathleen Adamson, Kent E. Barrett, Rebecca G. Campbell, Mary L. Cavanaugh, Robert P. Condon, Robert A. Devlin, John A. Graf, Carl J. Santillo, Unknown Parties, Valic Financial Advisors, Inc., Variable Annuity Life Insurance Company, Variable Annuity Life Insurance Company Separate Account A, Variable Annuity Marketing Company. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(PAA, ). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 12/22/2009) 01/20/ Notice re Notice of Filing Motion to Transfer Case to Judge Zapata by Brenda Hall, John Hall (Attachments: # 1 Exhibit Exhibit A - Motion to Transfer Case to Judge Zapata)(Carey, Robert) (Entered: 01/20/2010) 01/28/ Notice re of Filing Certifications by Brenda Hall, John Hall (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carey, Robert) (Entered: 01/28/2010) 03/02/ MOTION to Change Venue/Transfer Case to To The Southern District of Texas and Memorandum of Points and Authorities by Variable Annuity Life Insurance Company. (Attachments: # 1 Declarations for MTTV, # 2 Text of Proposed Order To Transfer Venue to the Southern District of Texas)(Jacobs, Andrew) (Entered: 03/02/2010) 03/04/ Motion for Admission Pro Hac Vice of Daniel McNeel Lane, Jr. by Variable Annuity Life Insurance Company. (Lane, Daniel) INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (application) TO (motion) Modified on 3/4/2010 (ESL). (Entered: 03/04/2010) 03/04/2010 PRO HAC VICE FEE PAID. $ 50, receipt number PHX as to Daniel McNeel Lane, Jr. (BAS) (Entered: 03/04/2010) 03/04/ ORDER pursuant to General Order granting 7 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be

6 accomplished via the court's website at (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/04/2010) 03/08/ MOTION for Admission Pro Hac Vice as to attorney Ashley B Vinson on behalf of Variable Annuity Life Insurance Company. (BAS) (Entered: 03/09/2010) - 03/08/2010 PRO HAC VICE FEE PAID. $ 50, receipt number PHX as to Ashley B Vinson. (BAS) (Entered: 03/09/2010) 03/09/ ORDER pursuant to General Order granting 9 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/09/2010) 03/09/ MOTION to Appoint Counsel For Lead Plaintiffs and Motion For Appointment oflead Plaintiffs by Brenda Hall, John Hall. (Attachments: # 1 Text of Proposed Order)(Wilkins, Amy) (Entered: 03/09/2010) 03/09/ DECLARATION re 11 MOTION to Appoint Counsel For Lead Plaintiffs and Motion For Appointment of Lead Plaintiffs by Plaintiffs Brenda Hall, John Hall. (Attachments: # 1 Exhibit Exhibit A - Shareholder Certifications, # 2 Exhibit Exhibit B- Press Release, # 3 Exhibit Exhibit C - Firm Resume)(Wilkins, Amy) (Entered: 03/09/2010) 03/10/ MOTION for Admission Pro Hac Vice as to attorney Matthew E Pepping on behalf of Variable Annuity Life Insurance Company. (BAS) (Entered: 03/11/2010) 03/11/2010 PRO HAC VICE FEE PAID. $ 50, receipt number PHX as to Matthew E Pepping. (BAS) (Entered: 03/11/2010) 03/11/ ORDER pursuant to General Order granting 13 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/11/2010) 03/19/ RESPONSE in Opposition re 6 MOTION to Change Venue/Transfer Case to To The Southern District of Texas and Memorandum of Points and Authorities filed by Brenda Hall, John Hall. (Carey, Robert) (Entered: 03/19/2010) 03/29/ REPLY in Support re 6 MOTION to Change Venue/Transfer Case to To The Southern District of Texas and Memorandum of Points and Authorities filed by Variable Annuity Life Insurance Company. (Attachments: # 1 Declaration of Daniel McNeel Lane, Jr., # 2 Declaration of David H. Den Boer)(Lane, Daniel) (Entered: 03/29/2010) 03/30/ Notice re Errata by Variable Annuity Life Insurance Company re 16 Reply in Support of Motion, (Attachments: # 1 Exhibit 1 - Reply)(Lane, Daniel) (Entered: 03/30/2010) 05/04/ STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re 1 Complaint,,, STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS' RESPONSIVE PLEADING TO PLAINTIFFS' COMPLAINT (First Request) by M.

7 Kathleen Adamson, John A. Graf, Variable Annuity Life Insurance Company, Mary L. Cavanaugh, Robert A. Devlin, Bruce R. Abrams. (Attachments: # 1 Text of Proposed Order Granting Stipulation for Extension of Time for s' Responsive Pleading to Plaintiffs' Complaint)(Lane, Daniel) (Entered: 05/04/2010) 05/12/ ORDER granting 18 Stipulation For Extension of Time To Answer Complaint. Dfts' answer or other responsive pleading to Plaintiffs' Complaint is due 30 days after a ruling on VALIC's Motion to Transfer Venue or Plaintiffs' filing of an amended complaint. Signed by Chief Judge John M Roll on 5/11/10. (SSU) (Entered: 05/12/2010) 07/08/ /08/ /08/ /08/ WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. Bruce R. Abrams waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 21 WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. M. Kathleen Adamson waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 22 WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. Mary L. Cavanaugh waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 23 WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. Robert A. Devlin waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 07/08/ WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. John A. Graf waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 07/08/ WAIVER OF SERVICE Returned Executed by Brenda Hall, John Hall. Variable Annuity Life Insurance Company waiver sent on 5/3/2010. (Aragon, Leonard) (Entered: 07/08/2010) 01/27/2011 Remark This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. This case had been ordered to be reassigned by Circuit Judge Tashima. The case is now assigned to A. Wallace Tashima, Circuit Judge. All further pleadings shall bear the designation CV AWT, in this case.(adi-als, ) (Entered: 01/27/2011) 04/29/ MOTION to Consolidate Cases by Brenda Hall, John Hall. (Attachments: # 1 Text of Proposed Order)(Carey, Robert) (Entered: 04/29/2011) 05/06/ NOTICE re Entry of Judge Zapata's Order Denying Plaintiffs' Motion to Consolidate Cases by Variable Annuity Life Insurance Company re 26 MOTION to Consolidate Cases. (Attachments: # 1 Exhibit Order)(Lane, Daniel) (Entered: 05/06/2011) 09/02/ NOTICE re Attorney Withdrawal Within Firm by John Hall. (Carey, Robert) (Entered: 09/02/2011) 10/04/ *ORDER granting 6 Motion to Change Venue. Signed by Judge A Wallace Tashima on 10/03/11.The Clerk of Court shall TRANSFER this action, including all pending motions, to the United States District Court for the Southern District of Texas, Houston Division.(LMF) Modified on 10/4/2011 to add case tansfer information (LMF). (Entered: 10/04/2011) 10/12/ Case transferred in from Arizona. Case Number 4:09-cv-00712; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 10/12/2011) 10/13/ ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested

8 10/17/ Persons. Initial Conference set for 11/18/2011 at 03:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(chorace) (Entered: 10/13/2011) Agreed MOTION for Extension of Time and Entry of Briefing Schedule for s' Responsive Pleading to Plaintiffs' Complaint by Bruce R Abrams, M Kathleen Adamson, Mary L Cavanaugh, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company, filed. Motion Docket Date 11/7/2011. (Attachments: # 1 Proposed Order)(Lane, Daniel) (Entered: 10/17/2011) 10/19/ ORDER granting 32 Motion for Extension of Time.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 10/19/2011) 10/19/ CORPORATE DISCLOSURE STATEMENT by Variable Annuity Life Insurance Company identifying AIG, Inc. as Corporate Parent, filed.(lane, Daniel) (Entered: 10/19/2011) 10/20/ /27/ /31/ Mail Returned Undeliverable as to attorney Austin Tighe re: 31 Order for Initial Conference and Disclosure, filed. (jdav, ) (Entered: 10/21/2011) 36 Mail Returned Undeliverable as to attorney Austin Tighe as to Brenda Hall re: 33 Order on Motion for Extension of Time, filed. (amaly) (Entered: 10/27/2011) 37 CERTIFICATE OF INTERESTED PARTIES by Brenda Hall, John Hall, filed.(tighe, Austin) (Entered: 10/31/2011) 11/01/ MOTION for Robert B. Carey to Appear Pro Hac Vice by Brenda Hall, John Hall, filed. I Motion Docket Date 11/22/2011. (rosaldana) (Entered: 11/02/2011) - 11/01/ MOTION for Leonard Wayne Aragon to Appear Pro Hac Vice by Brenda Hall, John Hall, filed. Motion Docket Date 11/22/2011. (rosaldana) (Entered: 11/02/2011) 11/03/ ORDER granting 38 Motion to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/03/2011) - 11/03/ ORDER granting 39 Motion to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/03/2011) 11/07/ Agreed MOTION for Extension of Time for Initital Disclosures and Dismissing Certain s by Bruce R Abrams, M Kathleen Adamson, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company, filed. Motion Docket Date 11/28/2011. (Attachments: # 1 Proposed Order Proposed Order)(Lane, Daniel) (Entered: 11/07/2011) 11/08/ ORDER granting 42 Motion for Extension of Time and Dismissed Certain s.(signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/08/2011) 11/08/ JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bruce R Abrams, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company, filed.(lane, Daniel) (Entered: 11/08/2011) 11/18/ MINUTE ENTRY ORDER: Initial Conference held Granting Appearances: Daniel McNeel Lane, Jr, Austin P Tighe, Jr. Ct Reporter: B. Salvin..(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/18/2011)

9 11/18/ ORDER.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/18/2011) 11/18/ DOCKET CONTROL ORDER. Amended Pleadings due by 6/1/2012. Pltf Expert Report due by 11/16/2012 Deft Expert Report due by 2/1/2013 Discovery due by 3/1/2013. Joint Pretrial Order due by 4/5/2013. Docket Call set for 4/12/2013 at 04:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/18/2011) 11/30/ /15/ MOTION to Dismiss The Class Action Complaint on Statutes of Limitations and Repose by Bruce R Abrams, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company, filed. Motion Docket Date 12/21/2011. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit A.1 part 1, # 4 Exhibit A.1 part 2, # 5 Exhibit A.2 part 1, # 6 Exhibit A.2 part 2, # 7 Exhibit A.2 part 3, # 8 Exhibit A.3, # 9 Exhibit A.4, # 10 Exhibit A.5, # 11 Exhibit A.6, # 12 Exhibit A.7, # 13 Exhibit A.8, # 14 Exhibit B, # 15 Exhibit C, # 16 Exhibit D, # 17 Exhibit E, # 18 Exhibit F, # 19 Exhibit G, # 20 Proposed Order)(Lane, Daniel) (Entered: 11/30/2011) CERTIFICATE OF SERVICE by Brenda Hall, John Hall, filed.(tighe, Austin) (Entered: 12/15/2011) 12/15/ CERTIFICATE OF SERVICE by Bruce R Abrams, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company, filed.(lane, Daniel) (Entered: 12/15/2011) 01/10/ RESPONSE to 48 MOTION to Dismiss The Class Action Complaint on Statutes of Limitations and Repose filed by Brenda Hall, John Hall. (Attachments: # 1 Unredacted attachment Declaration of Leonard Aragon in Support of Plaintiffs' Response to s' Motion to Dismiss the Class Action Complaint on Statutes of Limitations and Repose, # 2 Exhibit A-H to Declaration of Leonard Aragon, # 3 Unredacted attachment Luke and Brooks v. The Lincoln National Life Insurance Co.)(Aragon, Leonard) (Entered: 01/10/2012) 01/20/ AO 435 TRANSCRIPT ORDER FORM by Jami Delgado. This is to order a transcript of Hearing held on 11/18/2011 before Judge Sim Lake (Original). Court Reporter/Transcriber: Bruce Slavin, filed. (dclark, ) (Entered: 01/20/2012) 01/24/ TRANSCRIPT re: Scheduling Conference held on before Judge Sim Lake. Court Reporter/Transcriber B. Slavin. Release of Transcript Restriction set for 4/23/2012., filed. (bslavin, ) (Entered: 01/24/2012) 01/25/ Notice of Filing of Official Transcript as to 53 Transcript. Party notified, filed. (dhansen, ) (Entered: 01/25/2012) 01/31/ REPLY in Support of 48 MOTION to Dismiss The Class Action Complaint on Statutes of Limitations and Repose, filed by Bruce R Abrams, Robert A Devlin, John A Graf, Variable Annuity Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lane, Daniel) (Entered: 01/31/2012) 02/07/ Agreed MOTION for Protective Order by Bruce R Abrams, Robert A Devlin, John A Graf, filed. Motion Docket Date 2/28/2012. (Attachments: # 1 Proposed Order)(Lane, Daniel) (Entered: 02/07/2012) 02/08/ ORDER granting 56 Motion for Protective Order.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 02/08/2012)

10 05/31/ Agreed MOTION to Vacate 47 Scheduling Order, by Variable Annuity Life Insurance Company, filed. Motion Docket Date 6/21/2012. (Attachments: # 1 Proposed Order)(Lane, Daniel) (Entered: 05/31/2012) 05/31/ MEMORANDUM OPINION AND ORDER Granting 48 MOTION to Dismiss The Class Action Complaint on Statutes of Limitations and Repose.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 06/01/2012) 05/31/ FINAL JUDGMENT. Case terminated on 5/31/2012(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 06/01/2012) 06/01/ ORDER granting 58 Motion to Vacate.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 06/01/2012) 06/01/2012 ***Deadlines terminated. (jewilliams, ) (Entered: 06/01/2012) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at