Deluxe will accept or reject its advice to maintain these optional services. The Court also places little evidentiary value in the facts that John Hancock retains discretion to defend suits brought against it under the Plan, and that it is compensated based on total claims paid under the Plan. Neither fact reveals the type of discretion over the disposition of plan assets consistent with an ERISA fiduciary. See Useden v. Acker, 721 F.Supp. 1233, 1243 (S.D.Fla.1989) (observing that cases in which service provider found to be fiduciary involved facts where service provider exercised broad control over plan assets); see also Harris, 57 F.3d at 613 (ruling that claims administrator not fiduciary where lacked authority to decide disputed and nonroutine claims); Baxter, 941 F.2d at 456 (<HOLDING>). Santana’s last pitch alleges that John
holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan holding that a plaintiff seeking individual relief under erisa  502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan holding that claims processor that pays claims in accordance with terms of plan not erisa fiduciary holding that salesman of companys financial products not fiduciary to erisa plan holding that insureds declaratory judgment class action claims seeking to retain tort settlements following their insurers claims for reimbursement were claims to enforce their rights under the terms of the plan and to clarify their rights to future benefits under the terms of the plan under erisa