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-03639 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-00712 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 85003 602-224-2631 Fax: 602-734-3943 TERMINATED: 09/02/2011 Austin P Tighe, Jr Feazell & Tighe LLP 6618 Sitio Del Rio Blvd Building C-101 Austin, TX 78730 512-372-8100 Fax: 512-372-8140 Email: austin@feazell-tighe.com Joel Grant Woods Grant Woods PC Two Renaissance Square 40 N Central Ave., Ste. 2250 Phoenix, AZ 85004 602-258-2599 Fax: 602-258-5070 Robert B Carey Hagens Berman Sobol Shapiro PLLC 11 W Jefferson St Ste 1000
Phoenix, AZ 85003 602-840-5900 Fax: 602-840-3012 Email: rob@hbsslaw.com Leonard W Aragon Hagens Berman Sobol Shapiro 11 W Jefferson St Ste 1000 Phoenix, AZ 85003 602-840-5900 Fax: 602-840-3012 Email: 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 85701-1612 520-882-1200 Fax: 520-884-1294
Ashley B Vinson Akin Gump Strauss Hauer & Feld LLP - San Francisco, CA 580 California St., Ste. 1500 San Francisco, CA 94104-1036 415-765-9500 Fax: 415-765-9501 Daniel McNeel Lane, Jr Akin Gump et al 300 Convent St Ste 1500 San Antonio, TX 78205 210-281-7070 Fax: 210-224-2035 Email: nlane@akingump.com Matthew E Pepping Akin Gump Strauss Hauer and Feld LLP 300 Convent Street Suite 1600 San Antonio, TX 78205 210-281-7115 Email: 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
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 1-100 inclusive
Date Filed # Docket Text 12/21/2009 1 COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3462448, 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) 12/21/2009 2 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) 12/22/2009 3 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) 01/20/2010 4 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) 01/28/2010 5 Notice re of Filing Certifications by Brenda Hall, John Hall (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carey, Robert) (Entered: 01/28/2010) 03/02/2010 6 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) 03/04/2010 7 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 PHX094330 as to Daniel McNeel Lane, Jr. (BAS) (Entered: 03/04/2010) 03/04/2010 8 ORDER pursuant to General Order 05-25 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
accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/04/2010) 03/08/2010 9 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 PHX094475 as to Ashley B Vinson. (BAS) (Entered: 03/09/2010) 03/09/2010 10 ORDER pursuant to General Order 05-25 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 www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/09/2010) 03/09/2010 11 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) 03/09/2010 12 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) 03/10/2010 13 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 PHX094593 as to Matthew E Pepping. (BAS) (Entered: 03/11/2010) 03/11/2010 14 ORDER pursuant to General Order 05-25 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 www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/11/2010) 03/19/2010 15 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) 03/29/2010 16 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) 03/30/2010 17 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) 05/04/2010 18 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.
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) 05/12/2010 19 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) 07/08/2010 07/08/2010 07/08/2010 07/08/2010 20 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) 07/08/2010 24 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) 07/08/2010 25 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 09-712 AWT, in this case.(adi-als, ) (Entered: 01/27/2011) 04/29/2011 26 MOTION to Consolidate Cases by Brenda Hall, John Hall. (Attachments: # 1 Text of Proposed Order)(Carey, Robert) (Entered: 04/29/2011) 05/06/2011 27 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) 09/02/2011 28 NOTICE re Attorney Withdrawal Within Firm by John Hall. (Carey, Robert) (Entered: 09/02/2011) 10/04/2011 29 *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) 10/12/2011 30 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) 10/13/2011 31 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested
10/17/2011 32 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) 10/19/2011 33 ORDER granting 32 Motion for Extension of Time.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 10/19/2011) 10/19/2011 34 CORPORATE DISCLOSURE STATEMENT by Variable Annuity Life Insurance Company identifying AIG, Inc. as Corporate Parent, filed.(lane, Daniel) (Entered: 10/19/2011) 10/20/2011 10/27/2011 10/31/2011 35 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) 11/01/2011 38 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) - 11/01/2011 39 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) 11/03/2011 40 ORDER granting 38 Motion to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/03/2011) - 11/03/2011 41 ORDER granting 39 Motion to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/03/2011) 11/07/2011 42 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) 11/08/2011 43 ORDER granting 42 Motion for Extension of Time and Dismissed Certain s.(signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/08/2011) 11/08/2011 44 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) 11/18/2011 45 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)
11/18/2011 46 ORDER.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/18/2011) 11/18/2011 47 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) 11/30/2011 48 12/15/2011 49 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) 12/15/2011 50 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) 01/10/2012 51 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) 01/20/2012 52 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) 01/24/2012 53 TRANSCRIPT re: Scheduling Conference held on 11-18-11 before Judge Sim Lake. Court Reporter/Transcriber B. Slavin. Release of Transcript Restriction set for 4/23/2012., filed. (bslavin, ) (Entered: 01/24/2012) 01/25/2012 54 Notice of Filing of Official Transcript as to 53 Transcript. Party notified, filed. (dhansen, ) (Entered: 01/25/2012) 01/31/2012 55 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) 02/07/2012 56 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) 02/08/2012 57 ORDER granting 56 Motion for Protective Order.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 02/08/2012)
05/31/2012 58 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) 05/31/2012 60 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) 05/31/2012 61 FINAL JUDGMENT. Case terminated on 5/31/2012(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 06/01/2012) 06/01/2012 59 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 http://pacer.psc.uscourts.gov/pacerdesc.html