FACTUAL BACKGROUND The M.C. duPont Clark Employee Pension Trust "the Pension Trust" was created by Mary Chichester DuPont Clark "the Settlor", a Delaware resident, in 1947 to provide retirement benefits for household employees of designated members of the duPont family. ECF 1"[T]he court may look beyond the pleadings and the jurisdictional allegations of the complaint and view whatever evidence has been submitted on the issue to determine whether in fact subject matter jurisdiction exists." Khoury v. Meserve, 268 F. Supp. 2d 600, 606 D. Md. 2003 citation omitted. Additionally, a court may "consider a document submitted by the movant that was not attached to or expressly incorporated in a complaint, so long as the document was integral to the complaint and there is no dispute about the document's authenticity." Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 166 4th Cir. 2016 citation omitted. 2 Employer plaintiff Helena duPont Wright is a designated family member, a Maryland resident, and an "employer" under the Pension Trust qualified employees of Mrs. Wright may be entitled to receive benefits from the Pension Trust. ECF Employee plaintiff Joseph Wright is a resident of Virginia and is currently employed by plaintiff James Mills as a personal assistant. ECF Defendant Elton Corporation "Elton" has its principal place of business in the state of Delaware and was a trustee of the Pension Trust from October 1989 until August 7, 2015. ECF 2 Defendants have provided the names of all ten grandchildren of Mrs. Mary Chichester duPont Clark Helena duPont Wright a plaintiff in this case, James Paul Mills, Jr. a plaintiff in this case, Katharine duPont Gahagan, Elaine duPont Jones deceased, Alexis Felix duPont, III deceased, Michael Hoyt duPont, Mary Mills Abel Smith, Phyllis Mills Wyeth, Richard Christopher duPont, Jr. deceased, and Christopher T. duPont. ECF 3, No. No. 35 at Â¶ 1.) The Pension Trust was created under and, by its terms, governed by the laws of the State o
Wright v. Elton Corp.
2017 BL 83812
No. 35 at Â¶ 1.) The Pension Trust was created under and, by its terms, governed by the laws of the State of Delaware. (Pension Trust, ECF No. 11-1; Affidavit of Katharine Gahagan, ECF No. 11-1 at Â¶ 18.)1Beneficiaries under the Trust may include certain employees of the employer-plaintiffs as grandchildren of the Settlor. (Id. at Â¶ 14.) Only Mary Chichester DuPont funded the Pension Trust, contributing fifty (50) shares of common stock of the Christiana Securities Company. (Id. at Â¶ 4.) No other person was required to make contributions to the Pension Trust, and no other person or entity has ever made contributions to the Pension Trust. (Affidavit of Katharine Gahagan, ECF No. 11-1 at Â¶ 19.) Plaintiffs allege that the Pension Trust's "assets are invested solely under the control and discretion of the defendants, and all of them." (ECF No. 35 at Â¶ 74 No. 35 at Â¶Â¶ 1, 34.) Similarly, plaintiff James Mills is a designated family member, a Virginia resident, and an "employer" under the Pension Trust. (Id. at Â¶Â¶ 1, 35.) As with co-plaintiff Wright, qualified employees of Mr. Mills may be entitled to receive benefits from the Pension Trust. (Id.) Both Ms. Wright and Mr. Mills are both grandchildren of Mary Chichester DuPont, the settlor of the Pension Trust.2 See ECF No. 11-1 at Â¶ 15 No. 35 at Â¶ 36.) Wright assists plaintiff James Mills in the management of Mills' private affairs, including secretarial, accounting, and other assistance. (Id.) Plaintiff T. Kimberly Williams is a resident of Maryland and is currently employed by plaintiff Helena duPont Wright as a personal accountant, assisting Ms. Wright with the management of her financial and other private affairs. (ECF No. 35 at Â¶ 37.) Plaintiffs allege that employee-plaintiffs Wright and Williams are entitled to benefits under the Pension Trust, though they have never received notice of entitlement to such benefits. (Id. at Â¶Â¶ 36-37 No. 35 at Â¶ 42; ECF No. 11-1 at Â¶Â¶
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