D.L. Markham, DDS, 401(K) Plan v. Variable Annuity Life Ins. Co.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 D.L. MARKHAM, DDS, MSD INC. No. 2:21-CV-07 TLN KJN 401(K) PLAN, et al.,

ORDER GRANTING DEFENDANTS’

Plaintiffs, MOTION TO STAY DISCOVERY v. (ECF No. 29.) VARIABLE ANNUITY LIFE INSURANCE COMPANY, et al., 15 Defendants. 16 This case concerns allegations that defendants Variable Annuity Life Insurance Company (“VALIC”), VALIC Financial Advisors (“VFA”), and VALIC Retirement Services Company (“VRSCO”) knowingly participated in a prohibited transaction and engaged in self-dealing related to plaintiffs’ 401k plan. (See ECF No. 1.) Defendants moved to dismiss all claims against them, and plaintiffs opposed. (See ECF Nos. 19, 20, 23, 24.) On April 2, 2021, the assigned district judge took the matters under submission without oral argument. (ECF No. 25.) Currently before the Court is defendant VALIC’s Motion to Stay Discovery and plaintiffs’ opposition. (ECF No. 29.) Defendant maintains that a stay should be imposed because the pending motions are potentially dispositive of…