-JFA Andochick v. Ronald And June Byrd, As Co-Administrators Of The Estate Of Erika L. Byrd et al, No. 1:2011cv00739 - Document 58 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION re: Defendants' 39 Motion to Dismiss and Plaintiff's 45 Motion for Partial Summary Judgment. Signed by District Judge Liam O'Grady on 5/9/12. (dper)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division SCOTT ANDOCHICK, M.D., Plaintiff/Counter Defendant, Civil Action No.: 1:1 l-cv-739 v. RONALD AND JUNE BYRD, Defendants/Counter Claimants. MEMORANDUM OPINION Before the Court are Defendants' Motion to Dismiss (Dkt. No. 39) and Plaintiffs Motion for Partial Summary Judgment (Dkt. No. 45). For the reasons stated in open Court, as well as the reasons provided herein, the Motion to Dismiss is GRANTED in part, and the Motion for Summary Judgment is DENIED as moot. I. Background At issue in this cause of action are the rights to various property interests initially belonging to the now deceased Erika Byrd ("Erika"). The facts are simple and not disputed. At the time of her death, Erika was an attorney at Venable ("Venable"*). She participated in the Vcnable Retirement Plan ("401(k)") and obtained insurance through the Venable Life Insurance Plan ("Life Insurance"). Plaintiff, Scott Andochick, the deceased's ex-husband, brings suit against Erika's parents, Ronald and June Byrd (the "Byrds"), as individuals, and in their capacity as co-administrators of Erika's estate. Specifically at issue are the rights to Erika's 401 (k) and Life Insurance proceeds ("the benefits") and the right to a 2005 BMW 645i.' Andochick filed a three-count amended complaint. Count I seeks declaratory judgment that the Byrds lack standing; Count II seeks declaratory judgment that ERISA preempts the Byrds' claims to the plan benefits; and Count III is a claim for conversion of the BMW 645i. 1

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