Christopoulos v. Trout
Christopoulos v. Trout
Opinion of the Court
This case involves a dispute between two groups of individuals over the proceeds of a group life insurance policy covering Howard Wertz ("Wertz"), who passed away on March 8, 2015. See Resp. to Pl.'s SOF ¶¶ 1-2, 8, 15, ECF. No. 76. Wertz had two minor children, P. Wertz and Dionysius Wertz, who has since turned 18. Id. ¶¶ 4, 5, 9-11. Acting as their next friend, Joanna Christopoulos ("Christopoulos"), their mother, brought this action, shortly after Wertz's death, in the Circuit Court of Cook County against the company that issued the policy, Prudential Insurance Company of America ("Prudential"). Prudential removed the suit to this court and, due to the existence of competing claims, deposited (interpleaded) the proceeds in the court's registry, so the court could settle the dispute. See ECF Nos. 36, 38. The case was stayed pending related litigation in state court. That litigation has concluded.
Christopoulos moves for summary judgment. She asks the court to find that Wertz's children are entitled to the proceeds and to impose a constructive trust on 50% of them for P. Wertz's benefit. A group of nineteen claimants, aligned here as third-party plaintiffs and referred to as "named beneficiaries," oppose the motion and argue in the alternative that the court should defer the motion's consideration until they have had an opportunity to conduct discovery on their equitable defense of laches.
I. Background
The facts are undisputed, though the parties disagree about the legal effect of two orders entered by the state court in divorce proceedings. See Resp. to Pl.'s SOF ¶ 22 (sole disputed fact as to "characterization" of state court's order). In 2013, two years before he died, Wertz began divorce proceedings against Christopoulos in state court. Id. ¶ 12. The state court did not enter an order of marriage dissolution before Wertz's death. Wertz v. Christopoulos , 2017 IL App 160560-U, ¶¶ 13-14.
On November 2, 2014, Wertz submitted a designation of beneficiary form to Prudential. See id. ¶ 13. The form named neither Christopoulos nor Wertz's children as beneficiaries. See Group Universal Life Beneficiary Designation Form & attach., ECF No. 19-1. Rather, Wertz apportioned various percentages of the proceeds to people identified as his nieces and nephews (1% each), siblings (7% each), and the remaining *81552% to Linda Trout ("Trout"), one of Wertz's sisters. See id. attach. In sum, Trout stands to receive 59% of the proceeds under the designation form. See id.
About a month later, in December 2014, Christopoulos filed an emergency petition in the divorce proceedings seeking an order requiring Wertz to designate his children as the policy's beneficiaries. Wertz , 2017 IL App 160560-U ¶ 11. The state court entered a handwritten "Domestic Relations Order" on December 16, 2014, providing, among other things, that "the children of the parties, D. Wertz, and P. Wertz, shall be designated as irrevocable beneficiaries, share and share alike, until further order of court without prejudice." Resp. to Pl.'s SOF ¶ 14 (quoting ECF No. 19-3 at 3). Wertz did not comply before his death in March 2015. See id. ¶¶ 14-15; Wertz , 2017 IL App 160560-U ¶ 12. The state court dismissed the divorce proceedings twice after Wertz's death-once due to his death in June 2015 and again for want of prosecution in September 2015. Wertz , 2017 IL App 160560-U ¶ 14.
In October 2015, Christopoulos filed in the divorce proceedings a motion to clarify nunc pro tunc the December 2014 order. Id. ¶ 15. The motion recited that "[t]he Plan Administrator of Wertz's life insurance policy may be governed by the Employee Retirement Income Security Act of 1974 (ERISA) and if so, there would be a question as to whether the December 16, 2014 order is a 'qualified domestic relations order' (QDRO) under ERISA, and QDRO status is necessary for Prudential to comply with the December 16, 2014 order." Id. The motion further stated that "in order to effectuate the interest of the December 16, 2014 order, the order must be clarified nunc pro tunc to provide that it is a QDRO as defined under ERISA." Id. Trout objected that the state trial court lacked jurisdiction to enter such an order. See ECF No. 53 Ex. A at 1 (minutes entered Feb. 2, 2016, noting objection).
The state court granted Christopoulos' motion on February 2, 2016 and entered a nunc pro tunc order titled "Qualified Domestic Relations Order." See Resp. to Pl.'s SOF ¶ 22. Whether this order qualifies as such an order under ERISA is disputed, so it will be referred to as the "February 2016 order," ECF No. 53 Ex. B. The February 2016 order made stylistic changes to the text of the December 16, 2014, order and added the following:
4. It is intended that this Order constitute a Qualified Domestic Relations Order ("QDRO") as defined in section 414(p) of the Internal Revenue Code of 1986, as amended ("Code"), and section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), so as to provide certain Plan benefits, as hereinafter specified, to an "Alternate Payee" (within the meaning of section 414(p)(8) of the Code and section 206(d)(3)(K) of ERISA). This Order shall be administered and interpreted in conformity with the provisions thereof which shall preempt any provisions of state law inconsistent therewith. No amendment of this Order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the then applicable terms of the Plan.
....
*8167. Effective immediately, One Hundred Percent (100%) of the Participant's policy benefits accrued under the Plan are assigned to Alternate Payees in equal parts, to be paid in accordance with the provisions of the Plan.
Compare ECF No. 53 Ex. B, with ECF No. 19-3.
Trout appealed the February 2016 order. Resp. to Pl.'s SOF ¶ 23. The Illinois appellate court affirmed in an unpublished opinion, 2017 IL App 160560-U ¶ 44 (Ill. App. Ct. Sept. 29, 2017), and the Illinois Supreme Court denied Trout's petition for leave to appeal that decision on January 18, 2018, Resp. to Pl.'s SOF ¶ 26; Wertz v. Christopoulos , No. 122880, ECF No. 70 Ex. 6. Armed with this decision, Christopoulos filed the instant motion for summary judgment.
II. Summary Judgment Standard
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A genuine dispute as to any material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. ,
The party seeking summary judgment has the burden of establishing that there is no genuine dispute as to any material fact. See Celotex Corp. v. Catrett ,
III. Analysis
At the threshold stands the parties disagreement about whether Illinois or federal law, specifically ERISA, determines who gets the life insurance proceeds. The briefs give the matter surprisingly terse treatment. Christopoulos cites a single case, Travelers Ins. Co. v. Daniels ,
A. State Law
Christopoulos bases the claims of the Wertz children on the state court's orders, requiring Wertz to designate them as beneficiaries. When a person fails to comply with a court order to designate a beneficiary before he or she dies, the beneficiary who under the order should have been designated has an equitable right to the proceeds superior to all except those who have a stronger equitable claim. See Daniels ,
But the named beneficiaries argue that all things are not equal because a final judgment dissolving marriage was not entered before Wertz's death. The named beneficiaries therefore claim that the December 2014 and February 2016 orders are void and so cannot give the Wertz children an equitable claim to the proceeds. An Illinois divorce proceeding abates when one of the spouses dies. In re Marriage of Black ,
B. ERISA
An ERISA plan administrator generally must administer the plan " 'in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of [Title I] and [Title IV] of [ERISA],' and ERISA provides no exemption from this duty when it comes time to pay benefits." Kennedy v. Plan Adm'r for DuPont Sav. and Inv. Plan ,
[G]iving a plan participant a clear set of instructions for making his own instructions clear, ERISA forecloses any justification for enquiries into nice expressions of intent, in favor of the virtues of adhering to an uncomplicated rule: "simple administration, avoid[ing] double liability, and ensur[ing] that beneficiaries get what's coming quickly, without the folderol essential under less-certain rules."
The parties apparently agree that the group plan at issue is covered by ERISA. The named beneficiaries cite ERISA and assert that "[a]s a group plan offered by an employer, Wertz's life insurance policy is governed by ERISA." ECF No. 75 at 8. The case they cite, Gassner v. Int'l Bus. Mach. Corp. , supports their position, for it finds ERISA applicable to a claim brought by a putative beneficiary of a group life insurance plan held by a person who, like Wertz, was a former IBM employee.
With certain exceptions, ERISA preempts "any and all State laws insofar as they may now or hereafter relate to any employee benefit plan."
*819Melton v. Melton ,
Christopoulos contends that the February 2016 nunc pro tunc order falls within a carve-out to ERISA preemption not at issue in Melton or Johnson : the exception for "qualified domestic relations orders" ("QDRO's"), a term defined elsewhere in ERISA. § 1144(b)(7). The cross-referenced subsection provides that "[e]ach pension plan shall provide for the payment of benefits in accordance with the applicable requirements of any qualified domestic relations order." § 1056(d)(3)(A). For an ERISA plan administrator, "Compliance with a QDRO is obligatory." Blue v. UAL Corp. ,
The named beneficiaries attack the February 2016 order exclusively on Illinois law grounds. ERISA defines a QDRO as a domestic relations order "which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan," § 1056(d)(3)(B)(ii), and, among other things, "clearly specifies" certain things listed in the statute, § 1056(d)(3)(C). It is these clear specifications and formalities that the December 2014 order arguably lacks and that the February 2016 nunc pro tunc order intended to insert. "The requirement of clear specification is designed to spare the plan administrator from litigation-fomenting ambiguities as to who the beneficiaries designated by the divorce decree are." Metro. Life Ins. Co. v. Wheaton ,
The Seventh Circuit's decision in Blue bars the named beneficiaries' attack on the February 2016 order. In Blue , a state court issued a series of facially valid QDRO's requiring an ERISA-covered pension plan to make good on Robert Blue's child support obligations. Id. at 385. Mr. Blue argued that the orders were invalid under Illinois law because they ordered the payment of certain attorney's fees. See id. The Seventh Circuit held that Mr. Blue's arguments failed because "ERISA does not require, or even permit, a pension fund to look beneath the surface of the [qualified domestic relations] order." Id.
The named beneficiaries attempt to distinguish Blue because this is an interpleader action involving no decision of a plan administrator, and this court, they submit, is much more competent than a plan administrator to pierce a state court's order. The Blue court justified its rule this way:
*820ERISA's allocation of functions-in which state courts apply state law to the facts, and pension plans determine whether the resulting orders adequately identify the payee and fall within the limits of benefits available under the plan-is eminently sensible. Pension plan administrators are not lawyers, let alone judges, and the spectacle of administrators second-guessing state judges' decisions under state law would be repellent. Unsuccessful litigants would refile their briefs from the state litigation with pension administrators, in the hope that lightning may strike as laymen review the work of judges. Far better to let the states' appellate courts take care of legal errors by trial judges. Pension plans are high-volume operations, which rely heavily on forms, such as designations of beneficiaries. Administrators are entitled to implement what the forms say, rather than what the signatories may have sought to convey. E.g., Hightower v. Kirksey ,157 F.3d 528 (7th Cir. 1998). So, too, plans may mechanically implement orders from state courts. Reviewing the substance of these orders would increase the costs of pension administration (costs ultimately passed on to beneficiaries), increase the error rate (to the detriment of participants and their loved ones), and cause delay as plans carried out the additional inquiries (again to the detriment of beneficiaries, who may need the income quickly).
Additionally, the named beneficiaries swim upstream against ERISA's text. "Statutory definitions control the meaning of statutory words ... in the usual case." Burgess v. United States ,
Perhaps most importantly, in fashioning its rule, the Blue court sought to keep state law challenges to QDRO's in state appellate courts where they belong. See Blue ,
Blue requires ERISA to be interpreted to avoid such a result.
Lower federal courts are not vested with appellate authority over state courts. The Rooker-Feldman doctrine prevents lower federal courts from exercising jurisdiction over cases brought by state court losers challenging state court judgments rendered before the district court proceedings commenced. The rationale for the doctrine is that no matter how wrong a state court judgment may be under federal law, only the Supreme Court of the United States has jurisdiction to review it.
Jakupovic v. Curran ,
In Blue , the Rooker-Feldman doctrine did not apply because the challenge to a *822portion of the child support order concerned a method of enforcing a judgment for child support, and Mr. Blue did not seek to overturn the award of child support.
To their credit, the named beneficiaries took their argument to such a court and lost. Even if ERISA permitted them a second bite at the apple here, Rooker-Feldman would snatch it from their grasp. Accordingly, the February 2016 QDRO must be enforced.
C. Rule 56(d) Request Denied: Laches Does Not Apply to Minors
Relying on Federal Rule of Civil Procedure 56(d), the named beneficiaries also urge the court to delay consideration of Christopoulos' motion for summary judgment. The rule requires the party seeking to delay consideration of a summary judgment motion to establish that "it cannot present facts essential to justify its opposition." Fed. R. Civ. P. 56(d). "The Rule places the burden on the non-movant that believes additional discovery is required to 'state the reasons why the party cannot adequately respond to the summary judgment motion without further discovery.' " Sterk v. Redbox Automated Retail ,
The named beneficiaries argue that they should be permitted to conduct discovery on their affirmative defense of laches, but they have not carried their Rule 56(d) burden. Consideration of a summary judgment motion need not be delayed to allow a party to conduct discovery on a meritless claim or defense. Arnold v. Villarreal ,
*823In re Estate of Comiskey ,
D. Dionysius Wertz Substituted Because He Has Turned 18
One last procedural matter must be addressed before closing. Dionysius Wertz reached age 18 while this case was pending, Resp. to Pl.'s SOF ¶ 4, yet he has not been substituted as a party in his own name. As part of the relief she requests, Christopoulos seeks payment directly to Dionysius Wertz. The court therefore orders his substitution. See Vargas v. City of Chicago ,
IV. Conclusion
For the reasons stated, the motion of Joanna Christopoulos for summary judgment, ECF No. 70, is granted. The clerk is ordered to update the docket sheet to reflect the substitution of Dionysius Wertz for Christopoulos in her capacity as his guardian. Christopoulos and Dionysius Wertz are directed to submit a proposed judgment consistent with this opinion on or before September 28, 2018.
A copy of the Illinois appellate court's order cited in the text can be found in this record at ECF No. 70-3. A commonly used database service incorrectly omits the "z" in Wertz's surname from the case's short title.
The court cites the minute sheet for the February 2, 2016, proceedings and the February 2, 2016, order as exhibits A and B to ECF No. 53 because the parties do. See Resp. Pl.'s SOF ¶ 22. The exhibits included no cover sheet identifying them. Exhibit A begins on the third page of the six-page filing docketed as ECF No. 53, and the order begins on the fourth.
The parties have waived a claim that another state's law governs. The choice of law rules of the forum state (in this case, Illinois) must be applied when deciding what law governs a dispute over life insurance proceeds. Prudential Ins. Co. of Am. v. Athmer ,
The result would be the same if the court could entertain the named beneficiaries' challenge under Illinois law on its merits. The appellate decision, which has become final, provides potent evidence of how an Illinois court would rule on such a challenge res nova , and this court would reject such a challenge for the reasons given by the Illinois appellate court. Christopoulos argues at length that the doctrines of res judicata and collateral estoppel apply to that decision, but she makes that argument for the first time in her reply, ECF No. 77 at 2-15. The court does not reach this issue because arguments made for the first time in a reply are waived. See United States ex rel. Berkowitz v. Automation Aids, Inc. ,
Reference
- Full Case Name
- Joanna CHRISTOPOULOS, as Legal Guardian and Next Friend of D. Wertz and P. Wertz v. Linda TROUT, Third-Party
- Cited By
- 2 cases
- Status
- Published