Ben Hill Griffin, Inc. v. Adam "AJ" Anderson
| Decision Date | 23 November 2022 |
| Docket Number | 8:21-cv-2311-VMC-TGW |
| Parties | BEN HILL GRIFFIN, INC. Plaintiff, v. ADAM “AJ” ANDERSON, et al., Defendants. |
| Court | U.S. District Court — Middle District of Florida |
This matter comes before the Court upon consideration of Defendants A.W.A., Adam “AJ” Anderson, Cierra Michelle Anderson, Michelle R. Anderson, Candice Nicole Luke and Sheenia Dannett Nealey's Motion for Summary Judgment (Doc. # 73), filed on May 25, 2022. Defendants Dakota T Bond, Matthew Bond, Ryan E. Bond, E.S.W., and Cheyanne Wilkerson responded on June 14, 2022 (Doc. # 78), and Defendants A.W.A., Adam “AJ” Anderson, Cierra Michelle Anderson, Michelle R. Anderson, Candice Nicole Luke and Sheenia Dannett Nealey replied on June 16, 2022. (Doc. # 80). For the reasons that follow, the Motion is granted.
This ERISA case arises out of the tragic deaths of Adam and Eva Anderson on July 19, 2021. Adam W. Anderson's employer, Ben Hill Griffin, Inc., seeks a declaratory judgment as to the distribution of Adam Anderson's deferred compensation and retirement plans.
Adam W. Anderson (“Adam Anderson”) is a deceased individual who died on or about June 19, 2021. (Doc. # 73-1 at 20). Until his passing, Adam Anderson was an employee with Plaintiff Ben Hill Griffin, Inc. (Doc. # 47-8).
Eva W. Anderson (“Eva Anderson”) is a deceased individual who died on or about June 19, 2021. (Doc. # 73-1 at 7-8). On the date of her death, Eva Anderson was married to Adam Anderson. (Id.).
Sheenia Dannett Nealey (“Sheenia Nealey”) and Adam “AJ” Anderson (“AJ Anderson”) are the adult children of Adam Anderson from his previous marriage to Michelle R. Anderson (“Michelle Anderson”). (Doc. # 47 at ¶ 15(a)-(b); Doc. # 55 at ¶ 15; Doc. # 59 at ¶ 15(a) -(b); Doc. # 60 at ¶ 15(a)-(b); Doc. # 61 at ¶ 15(a)-(b); Doc. # 67 at ¶ 15). Cierra Michelle Anderson (“Cierra Anderson”) is the adult daughter of Sheenia Nealey and was legally adopted by Adam and Michelle Anderson. (Doc. # 47 at ¶ 15(c)). Candice Nicole Luke (“Candice Luke”) is alleged to be the adult daughter of Adam Anderson. (Id. at ¶ 15(d)). A.W.A. is the minor daughter of Adam and Eva Anderson. (Id. at ¶ 15(h)) . Candice Luke, Sheenia Nealey, A.W.A., and AJ, Cierra, and Michelle Anderson will hereinafter be referred to as the “Anderson Defendants.”
Cheyanne Wilkerson, Matthew Bond, Ryan E. Bond, and Dakota T. Bond are the adult children of Eva Anderson from a previous marriage. (Id. at ¶¶ 15(f)-(g), (i)-(j)). E.S.W. is the minor daughter of Eva Anderson from a previous marriage. (Id. at ¶ 15(k)). Cheyanne Wilkerson, E.S.W., and Matthew, Ryan, and Dakota Bond will hereinafter be referred to as the “Wilkerson Defendants.”
As mentioned above, Ben Hill Griffin, Inc., the Plaintiff in this case, was the employer of Adam Anderson until his death on June 19, 2021. (Id. at ¶ 10) . Ben Hill Griffin, Inc. is the administrator of two of Adam Anderson's ERISA covered employee pension benefit plans. (Id. at ¶ 3).
Adam and Eva Anderson were found dead at their residence in Frostproof, FL, on the morning of June 19, 2021. (Doc. # 73-1 at 7). No one else was present with the couple at the time of their deaths. (Id.) . The manner of Eva Anderson's death was determined to be a homicide, caused by two apparent gunshots. (Id. at 4, 18). Eva Anderson's death was determined to be “sudden and instantaneous.” (Id. at 4). The manner of Adam Anderson's death was determined to be suicide, caused by one gunshot wound to the side of his head. (Id.).
Based on the instantaneous nature of Eva Anderson's death, the location of Eva and Adam Anderson's respective gunshot wounds, the separate locations in the room where both of their bodies were found, and the positions of their bodies, the medical examiner concluded that Eva Anderson died before Adam Anderson. (Id. at 5). Accordingly, Adam Anderson's Death Certificate indicated his marital status at the time of death as “widowed,” while Eva Anderson's indicated she was “married.” (Id. at 8, 21).
Until his death, Adam Anderson was a participant in two deferred compensation and retirement plans, which are the subject of this action: the Ben Hill Griffin, Inc. Employees' Profit-Sharing Plan and Trust Agreement (the “Profit-Sharing Plan”) and the Ben Hill Griffin Inc. Management Security Plan (the “MS Plan”) (jointly, the “Pension Plans”). (Doc. # 47 at ¶ 3).
The Profit-Sharing Plan is a tax qualified retirement plan under Internal Revenue Code Sections 401(a) and 501(a) et seq. (Doc. # 47-5) . The beneficiary designation of Mr. Anderson on file with the Plan Administrator lists Eva Anderson, wife, as the sole beneficiary of his account balance. (Doc. # 47-6 at 2). No contingent or other beneficiary is listed or designated. (Id.).
The MS Plan is a non-qualified plan of deferred compensation. (Doc. # 47-8). Article 4 of the MS Plan provides a death benefit in the case of death before retirement in an amount equal to one-hundred percent of defined “Covered Salary” for the first twelve months after death and then fifty percent of defined “Covered Salary” for the later of the next 108 months or whenever the Participant turned 65. (Id. at 6). Under the plan, the “Covered Salary” is the “portion of a Participant's base annual salary excluding bonuses or other fringe benefits, if any, which the Participant chooses as a basis for computation of the Retirement or Death Benefit pursuant to the terms and conditions of this Plan.” (Id. at 4). Adam Anderson's “Covered Salary” was $2,500 per month. (Id. at 14). Adam Anderson was born on April 2, 1966, and was 55 years old at the time of his death. (Doc. # 47 at ¶ 35).
On January 3, 2020, Adam Anderson delivered a Change of Beneficiary Form for Death Benefit in the MS Plan to Ben Hill Griffin. (Doc. # 47-9 at 2). On that form, Adam Anderson handwrote that Michelle Anderson was a primary beneficiary, to receive $1,026 per month, Eva Anderson was a primary beneficiary, to receive $2,724 per month, and that as to Eva Anderson's share only, A.W.A. was the secondary beneficiary. (Id.).
Adam and Michelle Anderson's divorce became final on March 13, 2012. (Doc. # 73-4 at 7). The Family Court found that Adam Anderson's interest in the Profit-Sharing Plan was a vested, marital asset subject to equitable distribution, and that Michelle Anderson was entitled to a share of this interest in the amount of “Thirty-Five Thousand Five Hundred Seventy-Eight and 81/100 Dollars ($35,578.81) plus any passive gains or losses having accrued from December 31, 2011, until distribution of the Wife's interest.” (Id. at 21).
The Family Court found that Adam Anderson's interest in the MS Plan was a vested, marital asset subject to equitable distribution, and that Michelle Anderson was entitled to an award equal to fifty percent of Adam Anderson's retirement benefit payable under the MS Plan as of February 1, 2012. (Id.). Adam Anderson was directed to retain Michelle Anderson as a beneficiary of his interest to be distributed to her. (Id. at 22) . However, the Family Court did not make any specific finding with respect to Michelle Anderson's interest in Adam Anderson's death benefit under the MS Plan. (Id. at 21-22).
On or about October 26, 2021, after Eva and Adam Anderson's deaths, the Family Court for the Divorce Action entered an order entitled “Qualified Domestic Relations Order” (“QDRO”) with respect to Michelle Anderson's share of Adam Anderson's interest in the Profit-Sharing Plan. (Id. at 37). The purported QDRO directed Plaintiff Ben Hill Griffin to divide Adam Anderson's interest in the Profit-Sharing Plan into two separate accounts, effective December 31, 2011: one account to be allocated and assigned to Defendant Michelle Anderson in the amount of $35,578.81, plus any passive gains or losses having accrued as of December 31, 2011, until distribution, and a second account in the name of Adam Anderson where the balance of his interest in the ProfitSharing Plan would remain. (Id. at 38).
Ben Hill Griffin initiated this action on September 30, 2021. (Doc. # 1). It filed the operative complaint - the Amended Complaint - on December 16, 2021. (Doc. # 47). The Amended Complaint contains the following counts: declaratory judgment as to the Profit-Sharing Plan (Count I) and declaratory judgment as to the MS Plan (Count II). The Anderson Defendants now seek the entry of summary judgment on both counts. (Doc. # 73). The Wilkerson Defendants have responded (Doc. # 78), which the Court construes as a Motion to Strike. The Anderson Defendants have replied, which also serves as a response to the construed Motion to Strike. (Doc. # 80). The Motions are now ripe for review.
Expert report disclosures are governed by Federal Rule of Civil Procedure 26. Rule 26(a)(2) requires a party to disclose to the other parties the identity of any expert witness it may use at trial to present evidence and, “[e]xcept as otherwise stipulated or directed by the court, this disclosure shall . . . be accompanied by a written report prepared and signed by the witness.” Fed.R.Civ.P. 26(a)(2). The expert's written report must contain:
a complete statement of all opinions the witness will express and the basis and reasons for them; (ii) the facts or data considered by the witness in forming them; (iii) any exhibits that will be used to summarize or support them; (iv) the witness's qualifications, including a list of all publications authored in the previous 10 years; (v) a list of all other cases in which,...
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