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Vector Disease Acquisition, LLC v. Hall

United States District Court, E.D. Arkansas, Western Division

May 25, 2017

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,
v.
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.

          Lyle D. Foster, #93-101 Danny Broaddrick, # 92-124 Hyden, Miron & Foster, PLLC Attorneys for plaintiffs

          John A, Smyth, III Irene Motles Maynard, Cooper & Gale, PC. Attorneys for Massachusetts Mutual Life Insurance Company

          AGREED ORDER

          William R. Wilson United States District Judge

         The 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:

         FINDINGS

         1. 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 "Vector Plan").

         2. 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.

         3. Separate defendant and claimant to the funds Ryan T. Hall is an adult resident of the State of Massachusetts..

         4. 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. MI16P5982EA.

         5. 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.

         6. This 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).

         7. 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

         8. 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.

         9. Mr. 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 ...


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