1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

DONALD FESSENDEN, )

)

Plaintiff, )

)

vs. ) Case No.: 3:15-cv-370

)

RELIANCE STANDARD LIFE )

INSURANCE COMPANY and )

ORACLE USA, INC. GROUP LONG )

TERM DISABILITY PLAN, )

)

Defendants. )

COMPLAINT

The Plaintiff, Donald Fessenden, by and through the undersigned counsel, Bridget 

O’Ryan, files this Complaint against Reliance Standard Life Insurance Company (“Reliance

Standard”) and Oracle USA, Inc. Group Long Term Disability Plan and as cause therefore 

states as follows: 

I. JURISDICTION AND VENUE

1. This action arises under the Employee Retirement Income Security Act of 1974 

(“ERISA”), 29 U.S.C. §1001. The Court has jurisdiction of this case pursuant to 28 

U.S.C. §1331, in that this action arises under the laws of the United States. Specifically, 

Donald Fessenden brings this action to enforce his rights under ERISA as authorized by 

29 U.S.C. §1132.

2. Donald Fessenden is a resident of South Bend, Indiana and a citizen of the State of 

Indiana. 

3. Oracle USA, Inc. Group Long Term Disability Plan is an employee benefit plan 

administered in the Northern District of Indiana. 

USDC IN/ND case 3:15-cv-00370-WCL-CAN document 1 filed 08/19/15 page 1 of 4
2

4. As an employee of Oracle USA, Inc., Donald Fessenden is a participant of the Oracle 

USA, Inc. Group Long Term Disability Plan.

5. Reliance Standard is the claim administrator for the Oracle USA, Inc. Group Long Term 

Disability Plan.

6. Reliance Standard issued disability coverage to the Oracle USA, Inc. Group Long Term 

Disability Plan agreeing to provide disability coverage to Oracle employees.

7. The Oracle USA, Inc. Group Long Term Disability Plan promises to pay disability 

benefits to employees of Oracle USA, Inc. if they are unable to work due to sickness or 

injury.

8. Venue in the Northern District of Indiana is appropriate by virtue of the Oracle USA, Inc. 

Group Long Term Disability Plan being administered in this District.

II. FACTUAL ALLEGATIONS

9. Donald Fessenden worked as a Software Engineer Manager with Stellent, Inc., which 

was purchased by Oracle USA, Inc., until he became disabled in January 2008.

10. Mr. Fessenden was forced to stop working as a result of the debilitating effects and 

symptoms of Chronic Fatigue Syndrome. Mr. Fessenden stopped working on January 2, 

2008.

11. Mr. Fessenden applied for and received short term disability benefits from Reliance

Standard. Mr. Fessenden subsequently applied for long term disability benefits, which 

benefits were denied by Reliance Standard.

12. Mr. Fessenden appealed Reliance Standard’s decision to deny his long term disability

benefits; however, Reliance Standard failed to issue a determination on the appeal 

within the regulatory mandated time period. Reliance Standard failed to deliver a 

determination on Mr. Fessenden’s appeal within 90 days of receiving his appeal as 

required by the ERISA regulations. Mr. Fessenden’s appeal is therefore deemed 

USDC IN/ND case 3:15-cv-00370-WCL-CAN document 1 filed 08/19/15 page 2 of 4
3

exhausted because a decision was not timely rendered by Reliance Standard within the 

regulatory timeline of 90 days; accordingly, the Court shall hear this matter de novo. 

13. Mr. Fessenden has provided significant medical proof of his disability from his treating 

physicians, who have repeatedly opined that Mr. Fessenden is disabled from performing 

any occupation. Mr. Fessenden has met all of the provisions of the Reliance Standard 

policy.

14. The Defendants refuse to properly pay Mr. Fessenden’s his long term disability benefits. 

As a result of the denial of benefits, Mr. Fessenden suffers from serious financial and 

emotional distress.

III. CLAIM FOR RELIEF

WRONGFUL DENIAL OF EMPLOYEE BENEFITS

15. Paragraphs 1-14 are hereby realleged and incorporated herein by reference.

16. Since January 2, 2008, when Donald Fessenden was forced to leave active 

employment, Mr. Fessenden remains unable to perform the material duties of his regular 

occupation or any occupation for which he is reasonably qualified based on his

education, training or experience. 

17. Mr. Fessenden provided the Defendants with ample evidence to establish his entitlement 

to disability benefits under the Oracle USA Inc. Group Long Term Disability Plan.

18. The Defendants have intentionally and without reasonable justification denied Mr. 

Fessenden’s long term disability benefits in violation of the Oracle USA, Inc. Group Long 

Term Disability Plan and ERISA.

WHEREFORE, the Plaintiff, Donald Fessenden, requests that this Honorable Court enter 

Judgment:

A. Finding that Donald Fessenden is entitled to long term disability benefits and order the 

Defendants to pay the past due benefits.

USDC IN/ND case 3:15-cv-00370-WCL-CAN document 1 filed 08/19/15 page 3 of 4
4

B. Finding that Donald Fessenden is entitled to long term disability benefits and order the 

Defendants to pay for future monthly benefits as they become due.

C. Awarding the Plaintiff interest on the amount of back benefits which remain unpaid.

D. Awarding the Plaintiff reasonable reimbursement for attorneys’ fees and costs incurred 

as a result of the Defendants’ wrongful denial of benefits. 

E. Awarding all other relief as may be just and appropriate. 

Respectfully Submitted,

/s/Bridget O’Ryan_________

Bridget O’Ryan 

Attorney for Donald Fessenden

O’Ryan Law Firm

1901 Broad Ripple Avenue

Indianapolis, IN 46220

(317) 255-1000

Fax: (317) 255-1006

boryan@oryanlawfirm.com

USDC IN/ND case 3:15-cv-00370-WCL-CAN document 1 filed 08/19/15 page 4 of 4