The National Football League Capital Accumulation Plan et al v. Sanders et al

Filing 15

CONSENT JUDGMENT Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE NATIONAL FOOTBALL
LEAGUE CAPITAL
ACCUMULATION PLAN, and THE
NATIONAL FOOTBALL LEAGUE
CLUB EMPLOYEES PENSION
PLAN,

Hon. Robert H. Cleland
Case No.: 2:15-CV-13978

Plaintiffs,
v
GEORGIANNA SANDERS, and
DAVID LEVINE, as Trustee of the
Charles Sanders Revocable Trust,
Defendants.
HANS J. MASSAQUOI (P44748)
Lewis & Munday, P.C.
Attorney for Plaintiffs
535 Griswold Street, Suite 2300
Detroit, MI 48226
[phone]
[e-mail]
ROBERT NEWMAN
CHRISTIAN J. PISTILLI
Covington & Burling, LLP
Attorney for Plaintiffs
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
[e-mail]

Kitch Drutchas
Wagner Valitutti &
Sherbrook
ATTORNEYS AND COUNSELORS

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

[phone]

/
ABRAHAM SINGER (P23601)
Kitch Drutchas Wagner Valitutti &
Sherbrook
Attorney for Defendant David Levine, as
Trustee of Charles Sanders Revocable
Trust
One Woodward Avenue, Suite 2400
Detroit, MI 48226
[phone]
[e-mail]

ARMAND VELARDO (P35315)
Ruggirello, Velardo, Novara &
Ver Beek, P.C.
Attorney for Defendant Georgianna
Sanders
65 Southbound Gratiot Avenue
Mt. Clemens, MI 48043-5545
Tel: [phone]
_______________________________/ [e-mail]

DET02:2221866.1

CONSENT JUDGMENT
Plaintiffs, The National Football League Capital Accumulation Plan
(“CAP”), and The National Football League Club Employees Pension Plan
(“CEPP”) (jointly referred to as the “Plans”) are employee pension benefit plans
governed by the Employee Retirement Income Security Act of 1974, as amended,
29 U.S.C. §§ 1001, et seq. (“ERISA”). The Plans owe certain death benefits
arising out of the death of Charles Sanders, who was an employee of the Detroit
Lions, Inc. football club and was a participant in the Plans, in connection with his
employment. The Plans brought the instant interpleader action to determine the
proper distribution of the benefits under the Plans because defendant David Levine
as the Trustee of the Charles Sanders Revocable Trust (“Trust”) and defendant
Georgianna Sanders (jointly referred to as “Defendants”), had asserted
incompatible claims to the death benefits attributable to Mr. Sanders’ participation
in the Plans.
Defendants have now reached an agreement regarding the distribution of the
death benefits attributable to Mr. Sanders’ participation in the Plans, and the Plans
have agreed to dismiss this action and pay benefits in accordance with an Order of
this Court in exchange for the release provided below.
Kitch Drutchas
Wagner Valitutti &
Sherbrook
ATTORNEYS AND COUNSELORS

Therefore all parties stipulate to the entry of this Consent Judgment, and the

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

[phone]

Court being fully advised in the premises;

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DET02:2221866.1

IT IS HEREBY ORDERED as follows:
A.

That the CEPP shall pay all remaining death benefits attributable to
Mr. Sanders’ participation in the CEPP to Georgianna Sanders in the
form of the 10-year certain and continuous monthly benefit, and her
beneficiaries shall be, jointly, Georgianna Hervey, Charese Sailor,
Charles Sanders, Jr., Jordan Sanders, Mary Jo Sanders, Talissa
Sanders, Wayne Sanders and Mia Sanders to receive these continuous
monthly benefits upon her death to the extent they are available under
the CEPP, with an annuity starting date of September 1, 2015.

B.

That the CAP shall pay the death benefits attributable to Mr. Sanders’
participation in the CAP as follows, in each case as a lump sum with
an annuity starting date of May 1, 2016, and the amount stated below
shall be subject to applicable tax withholding:
1.

Eighty Thousand Dollars shall be paid to the Trust, as
beneficiary, to further resolve the dispute between the Defendants
in this cause;

2.

Six Thousand Dollars shall be paid to Defendant Georgianna
Sanders, as beneficiary, as further resolution of the instant action;

Kitch Drutchas
Wagner Valitutti &
Sherbrook

3.

ATTORNEYS AND COUNSELORS

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

Payment of the remaining balance of the benefit attributable to
Charles Sanders under the CAP shall be paid in nine equal shares

[phone]

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DET02:2221866.1

to, in each case as a beneficiary of the Plan: Georgianna Sanders,
Georgianna Hervey, Charese Sailor, Charles Sanders, Jr., Jordan
Sanders, Mary Jo Sanders, Talissa Sanders, Wayne Sanders and
Mia Sanders, and, in each case, the beneficiary shall have the
option to receive a cash payment directly or to roll over the
distribution, pursuant to the applicable terms of the CAP.
C.

Payments pursuant to this Order extinguish the rights of any
beneficiary (including defendants) in the benefits attributable to
Charles Sanders under the CAP and CEPP.

D.

That Defendants, as well as their predecessors, successors, agents and
assigns, have irrevocably released and discharged the Plans, the
National Football League, the Detroit Lions, Inc., and any of their
predecessors, successors, assigns, employee benefit plans,
subsidiaries, affiliates, officers, directors, employees, agents or
attorneys (“Released Parties”), from any and all claims, duties, debts,
benefits, costs, causes of action, demands, obligations, liabilities,
rights, damages, losses, expenses, attorneys’ fees or other relief of any
kind or character, whether known or unknown, suspected or

Kitch Drutchas
Wagner Valitutti &
Sherbrook

unsuspected, asserted or unasserted, whether at law or in equity,

ATTORNEYS AND COUNSELORS

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

which they ever had, now have or may hereafter have with respect to

[phone]

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DET02:2221866.1

any benefits attributable to Mr. Sanders’ participation in the Plans
(except/or claims to the payments set forth in this Consent Judgment).
This release shall become effective immediately upon entry of this
Consent Judgment and is not contingent or dependent upon
Defendants’ compliance with the terms of this Consent Judgment. In
no event shall any Released Party be responsible for any Defendant’s
failure to comply with the terms of this Consent Judgment or any
other applicable law, rule or requirement.
E.

That this Court shall retain jurisdiction to enforce the terms of this
Consent Judgment.

F.

That this Consent Judgment resolves all of the issues in this cause
and, other than the enforcement of the terms of this Consent
Judgment, the above captioned cause is dismissed without costs,
including attorney fees, to any of the parties in this cause.

IT IS SO ORDERED this 8th day of June, 2016.

s/Robert H. Cleland
U.S. DISTRICT COURT JUDGE
Kitch Drutchas
Wagner Valitutti &
Sherbrook
ATTORNEYS AND COUNSELORS

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

The undersigned counsel
hereby stipulate to the entry
of this Consent Judgment:

[phone]

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DET02:2221866.1

s/Hans J. Massaquoi
HANS J. MASSAQUOI (P44748)
Lewis & Munday, P.C.
Attorney for Plaintiffs
535 Griswold Street, Suite 2300
Levine, Detroit, Michigan 48226
Sanders
[phone]
[e-mail]

s/Abraham Singer
ABRAHAM SINGER (P23601)
Kitch Drutchas Wagner Valitutti
& Sherbrook
Attorney for Defendant David
as Trustee of Charles

s/Robert Newman
ROBERT NEWMAN
Covington & Burling, LLP
Attorney for Plaintiffs
One City Center
850 Tenth Street, NW
Washington, DC 20001
[e-mail]

s/Armand Velardo
ARMAND VELARDO (P35315)
Ruggirello, Velardo, Novara &
Ver Beek, P.C.
Attorney for Defendant Georgianna
Sanders
65 Southbound Gratiot Avenue
Mt. Clemens, Michigan 48043
[phone]
[e-mail]

Revocable Trust
One Woodward Avenue, Suite 2400
Detroit, Michigan 482265
[phone]
[e-mail]

Kitch Drutchas
Wagner Valitutti &
Sherbrook
ATTORNEYS AND COUNSELORS

ONE WOODWARD AVENUE,
SUITE 2400
DETROIT, MICHIGAN
48226-5485

[phone]

6
DET02:2221866.1