United States District Court, E.D. Arkansas, Western Division
VECTOR DISEASE ACQUISITION, LLC, in its capacity as Plan Administrator of the Vector Disease Acquisition, LLC 401k Plan, and DEBBIE CLEMENT, JASON PANANOS, and JOSEPH DAVIS, in their capacity as Trustees of the Vector Disease Acquisition, LLC 401k Plan, Plaintiffs,
RYAN T. HALL; JILL F. HALL, in her capacity as Personal Representative of the Estate of John P. Fitzgerald, deceased; and MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendants.
D. Foster, #93-101 Danny Broaddrick, # 92-124 Hyden, Miron
& Foster, PLLC Attorneys for plaintiffs
A, Smyth, III Irene Motles Maynard, Cooper & Gale, PC.
Attorneys for Massachusetts Mutual Life Insurance Company
William R. Wilson United States District Judge
several parties to this interpleader action have agreed, as
evidenced below by their respective signatures or those of
their respective counsel, with the findings and orders of
this Court set out below:
Separate plaintiff Vector Disease Acquisition, LLC
("Vector") is a Delaware limited liability company
whose principal place of business is in Little Rock. Pulaski
County, Arkansas. Vector serves as the Plan Administrator of
the Vector Disease Acquisition, LLC 401(k) Plan (the
Separate plaintiffs Debbie Clement, Jason Pananos, and Joseph
Davis, are Trustees of the Vector Plan, Ms. Clement is an
adult resident of the State of Arkansas, Mr. Pananos is an
adult resident of the State of Massachusetts, and Mr. Davis
is an adult resident of the State of Tennessee.
Separate defendant and claimant to the funds Ryan T. Hall is
an adult resident of the State of Massachusetts..
Separate defendant and claimant to the funds Jill F. Hall is
named the personal representative of the Estate of John P.
Fitzgerald, deceased (the "Estate"), the
administration of which is pending in Middlesex County,
Massachusetts, Probate and Family Court, Case No.
Separate defendant and mere stakeholder Massachusetts Mutual
Life Insurance Company ("MassMutual") is a
Massachusetts corporation whose principal place of business
is in Springfield, Massachusetts. MassMutual acts as the
custodian and investment company of the plan assets of the
Vector Plan, more specifically those in the qualified
retirement plan account of Mr. John P. Fitzgerald, deceased.
Court has subject matter jurisdiction over this cause
pursuant to 28 U.S.C. §1331 and the Employee Retirement
Income Security Act of 1974 ("ERISA") (Pub.L,
93-406, 88 Stat, 829, enacted September 2, 1974, codified in
part at 29 U.S.C, Ch. 18).
Venue is proper in this Court pursuant to 28 U.S.C.
§1391. A substantial part of the events or omissions
giving rise to plaintiffs5 claims occurred in the Eastern
District of Arkansas
Plaintiffs bring this action seeking the Court's
interpretation of ERISA law for the purpose of determining
which separate defendant, Ryan T. Hall or Jill F. Hall, in
her capacity as personal representative of the Estate of John
P. Fitzgerald, deceased, is entitled to the death
distribution of the balance of the decedent's 401(k)
retirement plan account. Currently, MassMutual holds the
funds in question. The Vector Plan trustees seek a
determination of to whom said funds should be paid.
John P. Fitzgerald, deceased, was a former employee of
non-party Aquatic Control Technology, Inc. ("ACT")
and a participant in ACT's 401 (k) profit sharing plan,
the "Aquatic Control Technology, Inc. 40Ik/Profit
Sharing Plan" (the "ACT Plan"), He ...