IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

CAROL A. WILSON, ADMINISTRATOR, et al. :

: Case No.: 2:18-cv-00041

v. :

: Judge: Algenon L. Marbley

ROXANNE MARIE PROULX, et al. :

: Magistrate Judge: Kimberly A.

: Jolson

:

:

ANSWER OF DEFENDANT LAWRENCE R. PROULX, JR.

Comes now the Defendant, Lawrence R. Proulx, Jr. (“Proulx, Jr.”), by and through 

counsel, and for his Answer to Plaintiff, Carol A. Wilson, Administrator (“Administrator”) and 

Trustees of the Ohio Operating Engineers Pension Fund’s (“Trustees”), Complaint and states as 

follows:

PARTIES

1. Answering Defendant admits that upon information and belief, Trustees are the 

duly appointed and acting trustees of the trust established as part of the Ohio Operating Engineers 

Pension Fund (“Pension Fund”) in which his father, Lawrence R. Proulx, Sr. (“Proulx, Sr.”) was 

a participant. The Defendant is without sufficient knowledge or information to either admit or deny 

the remaining allegations contained in numerical paragraph 1 of the Complaint.

2. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 2 of the Complaint.

3. The Defendant admits that Roxanne Marie is (or was) an individual. The Defendant 

is without sufficient knowledge or information to either admit or deny the remaining allegations 

contained in numerical paragraph 3 of the Complaint, and therefore denies the same.

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4. The Defendant admits the allegations contained in numerical paragraph 4 of the 

Complaint. 

5. The Defendant admits the allegations contained in numerical paragraph 5 of the 

Complaint. 

6. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 6 of the Complaint, and therefore denies the 

same.

BACKGROUND

7. The Defendant admits the allegations contained in numerical paragraph 7 of the 

Complaint. 

8. The Defendant admits the allegations contained in numerical paragraph 8 of the 

Complaint. 

9. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 9 of the Complaint.

10. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 10 of the Complaint.

11. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 11 of the Complaint. The Defendant further 

notes that the Pension Fund documents identified as Exhibit “A” were not attached to the 

Complaint or to the courtesy copy received by the Defendant; so any references thereto in the 

Complaint leave the Defendant without sufficient knowledge or information to either admit or 

deny the allegations. 

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12. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 12 of the Complaint.

13. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 13 of the Complaint.

14. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 14 of the Complaint.

15. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 15 of the Complaint.

16. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 16 of the Complaint.

17. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 17 of the Complaint.

18. The Defendant admits the allegations contained in numerical paragraph 18 of the 

Complaint to the extent it relates to Proulx, Jr. as beneficiary of the death benefit. The Defendant 

is without sufficient knowledge or information to either admit or deny the remaining allegations 

contained in numerical paragraph 18 of the Complaint. 

19. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 19 of the Complaint, and therefore denies 

the same.

20. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 20 of the Complaint.

21. The Defendant denies that Roxanne Marie “Proulx” was ever married to Proulx, 

Sr. The Defendant is without sufficient knowledge or information to either admit or deny the 

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remaining allegations contained in numerical paragraph 21 of the Complaint. The Defendant 

further notes that beneficiary designation document identified as Exhibit “B” was not attached to 

the Complaint or to the courtesy copy received by the Defendant; so any references thereto in the 

Complaint leave the Defendant without sufficient knowledge or information to either admit or 

deny the allegations. 

22. The Defendant admits the allegations contained in numerical paragraph 22 of the 

Complaint.

23. The Defendant denies that Roxanne Marie “Proulx” was ever married to Proulx, Sr. 

The Defendant is without sufficient knowledge or information to either admit or deny the 

remaining allegations contained in numerical paragraph 23 of the Complaint.

24. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 24 of the Complaint.

25. The Defendant admits the allegations contained in numerical paragraph 25 of the 

Complaint.

26. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 26 of the Complaint, and therefore denies 

the same.

27. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 27 of the Complaint, and therefore denies 

the same.

28. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 28 of the Complaint, and therefore denies 

the same.

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29. The Defendant admits that he and Kenneth Proulx are entitled to equally share the 

pre-retirement death benefit as beneficiaries. The Defendant is without sufficient knowledge or 

information to either admit or deny the remaining allegations contained in numerical paragraph 29

of the Complaint.

JURISDICTION AND VENUE

30. The Defendant admits the allegations contained in numerical paragraph 30 of the 

Complaint.

31. The Defendant admits the allegations contained in numerical paragraph 31 of the 

Complaint.

COUNT ONE: 28 U.S.C. §1335

INTERPLEADER

32. Answering Defendant adopts, reiterates, re-alleges, reaffirms, each and every 

answer heretofore and hereinafter given in response to the allegations contained in numerical 

paragraph 32 of the Complaint. 

33. The Defendant denies that the Plaintiff is obligated to pay Proulx, Sr.’s surviving 

spouse or beneficiary. Defendant admits that Plaintiff is obligated to pay death benefits to Proulx, 

Sr.’s default beneficiaries, including Lawrence R. Proulx, Jr.

34. The Defendant denies the allegations contained in numerical paragraph 34 of the 

Complaint.

35. The Defendant denies the allegations contained in numerical paragraph 35 of the 

Complaint.

36. The Defendant admits the allegations contained in numerical paragraph 36 of the 

Complaint.

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37. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 37 of the Complaint.

38. The Defendant is without sufficient knowledge or information to either admit or 

deny the allegations contained in numerical paragraph 38 of the Complaint.

COUNT TWO

DECLARATORY JUDGMENT

39. Answering Defendant adopts, reiterates, re-alleges, reaffirms, each and every 

answer heretofore and hereinafter given in response to the allegations contained in numerical 

paragraph 39 of the Complaint. 

40. The Defendant admits the allegations contained in numerical paragraph 40 of the 

Complaint. 

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

41. Defendant respectfully requests and reserves the right to amend, alter, and/or 

supplement the defenses contained in this answer as the facts and circumstances giving rise to 

the Complaint become known to it through the course of the litigation.

WHEREFORE, Defendant, Lawrence R. Proulx, Jr., demands the following relief: 

a) That Judgment be entered for Defendant, Lawrence R. Proulx, Jr., for his portion 

of the pre-retirement death benefit as Lawrence R. Proulx, Sr.’s child and living heir; and 

b) For all other relief that the Court may deem the Defendant Lawrence R. Proulx, 

Jr. to be entitled. 

Respectfully Submitted, 

/s/ Daniel A. Hunt

Daniel A. Hunt, Esq. (#0085871)

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ZIEGLER & SCHNEIDER, P.S.C.

541 Buttermilk Pike, Suite 500

P.O. Box 175710

Covington, KY 41017

(859) 426-1300 

(859) 426-0222 facsimile 

dhunt@zslaw.com

Attorney for Lawrence R. Proulx, Jr. 

CERTIFICATE OF SERVICE

I, the undersigned Attorney, certify that a true and correct copy of the foregoing was 

served on the 22

nd day of March 2018 by regular U.S. mail, first class, postage prepaid, and by 

email, where available, upon:

Daniel J. Clark, Esq.

Vorys, Sater, Seymour and Pease, LLP

52 East Gay Street 

Columbus, Ohio 43215

djclark@vorys.com

Attorney for Plaintiffs

Administrator and Trustees of the 

Ohio Operating Engineers Pension Fund 

Roxanne Marie Proulx

475 Saint Clair Ave., Apt. 1 

Saint Paul, Minnesota 55102

Kenneth Proulx

7601 Farragut Street

Hollywood, Florida 33024

/s/ Daniel A. Hunt

Daniel A. Hunt, Esq. 

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