Frank v. MassMutual Ascend Life Insurance Company
| Alicia Frank and Muriel Frank Revocable Living Trust |
| MassMutual Ascend Life Insurance Company and Great American Life Insurance Company |
| 0:2026cv61527 |
| May 22, 2026 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Defendant's REPLY to #14 Response in Opposition to Motion, by MassMutual Ascend Life Insurance Company. (Maselli, Richard) |
| Filing 14 RESPONSE in Opposition re #13 MOTION to Dismiss OR IN THE ALTERNATIVE MOTION TO STAY ACTION AND INCORPORATED MEMORANDUM OF LAW filed by Alicia Frank. Replies due by 7/7/2026. (Attachments: #1 Text of Proposed Order Proposed Order Denying Motion)(Paxton, Virginia) |
| Filing 13 MOTION to Dismiss OR IN THE ALTERNATIVE MOTION TO STAY ACTION AND INCORPORATED MEMORANDUM OF LAW by MassMutual Ascend Life Insurance Company. Responses due by 7/8/2026. (Maselli, Richard) |
| Filing 12 NOTICE of Attorney Appearance by Richard Scott Maselli on behalf of MassMutual Ascend Life Insurance Company. Attorney Richard Scott Maselli added to party MassMutual Ascend Life Insurance Company(pty:dft). (Maselli, Richard) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alicia Frank. MassMutual Ascend Life Insurance Company served on 6/5/2026, response/answer due 6/26/2026. (Paxton, Virginia) |
| Filing 10 Clerk's Notice to Filer re #6 Summons Returned Unexecuted. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 8 . It is not necessary to refile this document. (ksr) |
| Filing 9 Summons Issued as to MassMutual Ascend Life Insurance Company. (ksr) |
| Filing 8 NOTICE of Filing Proposed Summons by Alicia Frank. See DE #6 for image. (ksr) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alicia Frank. MassMutual Ascend Life Insurance Company served on 5/27/2026, response/answer due 6/17/2026. (Paxton, Virginia) |
| Filing 6 Summons (Affidavit) Returned Unexecuted by Alicia Frank as to MassMutual Ascend Life Insurance Company. (Paxton, Virginia) |
| Filing 5 NOTICE of Filing Civil Cover Sheet by Alicia Frank re #1 Complaint,,,,,,,, (Paxton, Virginia) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jc) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (jc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 1 COMPLAINT against MASSMUTUAL ASCEND LIFE INSURANCE COMPANY. Filing fees $ 405.00 receipt number AFLSDC-19577114, filed by Alicia Frank, as Successor Trustee of the Restated Muriel Frank Revocable Living Trust f/k/a the Muriel Frank Revocable Living Trust. (Attachments: #1 Memorandum Memorandum of Law, #2 Appendix Exhibit List, #3 Exhibit Annuity Contract No. 1193269417 issued to Muriel Frank, #4 Exhibit Agreed Order granting limited annual required-minimum-distribution withdrawals and authorizing change of agent of record, #5 Exhibit Relevant guardianship filings concerning the competing guardianship fee demand, including the Motion to Freeze, Joint Motion to Compel, and Alicia Franks Motion to Vacate, #6 Exhibit MassMutual correspondence stating a death benefit was due, the Trust was beneficiary, and the estimated death benefit was $118,922.64, #7 Exhibit MassMutual correspondence stating the death benefit was $118,922.64, the beneficiary of record was the Trust, the death benefit belonged to the beneficiary trust and not Muriel Frank, and payment to anyone else required trustee instruction, #8 Exhibit MassMutual correspondence stating it considered the death benefit disputed, could not adjudicate the dispute, and wanted a court order directing payment, #9 Exhibit MassMutual correspondence stating the death benefit was not an asset belonging to Muriel Frank and was not a probate asset, #10 Exhibit Trustee demand correspondence demanding that MassMutual honor the contract and pay the annuity death benefit to the Trust, #11 Exhibit Email chain with MassMutual counsel concerning the withheld death benefit, the contract-payee issue, and MassMutuals continued interpleader posture, #12 Exhibit Annual-statement and surrender-value correspondence and materials showing the July 20, 2025 annual statement and the $118,922.64 value used by the Joint Movants while they claimed they needed a surrender-value calculation)(Paxton, Virginia) |
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