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Case 2:12-cv-01830-FJM Document 1 Filed 08/29/12 Page 1 of 3

40 North Central Avenue
Phoenix, Arizona 85004-4429
Telephone: (602) 262-5311

Kristina N. Holmstrom, State Bar No. 023384
Direct Dial: (602) 262-5762
Direct Fax: (602) 734-3875
EMail: [email protected]
Attorneys for Defendant
Connecticut General Life Insurance Company

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Dr. Chris Komarnisky,

Plaintiff,

vs.

Cigna Healthcare,

Defendant.

No.
(Maricopa County Justice Court
Case No. CC2012-137463SC)

NOTICE OF REMOVAL

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Defendant Connecticut General Life Insurance Company (“CGLIC”) (incorrectly

sued as “Cigna Healthcare”) removes this action from the Maricopa County Justice
Courts, State of Arizona, San Marcos Justice Court to the United States District Court for
the District of Arizona. CGLIC supports this Notice of Removal with the Declaration of
Linda Ryan, CGLIC’s Legal Liaison (Ex. A, the “Ryan Decl.”). The Court has federal
question jurisdiction under 28 U.S.C. § 1331 and 29 U.S.C. 1132(e).
I.

Introduction.
This lawsuit involves a dispute over the eligibility of services provided by a

chiropractor, Dr. Chris Komarnisky, to a particular patient, Jacqueline Norton,1 under the
terms of the governing employee welfare benefit plan. Dr. Komarnisky’s patient, Ms.
Norton, was an eligible participant under a self-funded employee welfare benefit plan
administered by CGLIC and provided to her employer, Intel Corp. (Ex. A, Ryan Decl. ¶¶
1-10.) The policy constitutes an employee welfare benefit plan subject to the Employee

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Case 2:12-cv-01830-FJM Document 1 Filed 08/29/12 Page 2 of 3

Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. (Id.. ¶¶ 9-
10.) When a disagreement arose over Komarnisky’s entitlement to payment for the
health care services he provided to Norton, he sued the defendant in Maricopa County
Justice Court, seeking recovery of benefits -- benefits which would be available to him
only by application of the ERISA-governed employee welfare benefit plan issued by the
employer, Intel, of his patient, Ms. Norton. (See Compl.)
II.

This Court Has Federal Question Jurisdiction Under 28 U.S.C. § 1331 And 29
U.S.C. 1132(e).

The insurance policy at issue is governed by ERISA. (Ex. A, Ryan Decl., ¶¶ 9-

10.) This Court has jurisdiction under 28 U.S.C. § 1331 and 29 U.S.C. § 1132(e).
III.

This Removal Is Timely.
1.

The plaintiff filed this action in the Maricopa County Justice Court on

July 17, 2012.

2.

The plaintiff made improper service on the defendant on August 1, 2012,

through CT Corporation.2

3.

As this notice is being filed on August 29, 2012, the removal is timely. See

28 U.S.C. § 1446(b).
IV.

The Defendant Has Met All Requirements For Removal.
1.

This Court has federal question jurisdiction under 28 U.S.C. § 1331 and 29

U.S.C § 1132(e).

2.
3.

Removal is proper pursuant to 28 U.S.C. §§ 1441 and 1446.
The defendant attaches to this notice true and complete copies of all

pleadings and other documents previously filed with the state court. (Ex. B, Justice Court
Filings; Ex. C, Declaration of Counsel.)


1 The Complaint refers to the participant as “Jacque Norton”; however, CGLIC’s system
shows that her full name is Jacqueline Norton.
2 Because CGLIC ? though serving solely as an administrator here ? is a foreign
insurance company, Komarnisky was required to make service of summons and
complaint upon the director of the Department of Insurance. See A.R.S. 20-221(B);
Bohreer v. Erie Ins. Exchange, 165 P.3d 186 (App. 2007) (“Service on the director is the
only way to serve a foreign insurer”) (emphasis added).

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Case 2:12-cv-01830-FJM Document 1 Filed 08/29/12 Page 3 of 3

4.

The defendant has concurrently filed a copy of this notice in the Maricopa

County Justice Court.

The defendant has served upon the plaintiff a copy of this notice.

5.
DATED this 29th day of August, 2012.

LEWIS AND ROCA LLP

By /s/ Kristina Holmstrom
Kristina Holmstrom
Attorneys for Defendant Connecticut General
Life Insurance Company

CERTIFICATE OF SERVICE

I hereby certify that on August 29, 2012, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a
Notice of Electronic Filing to the following CM/ECF registrants:

Scott E. Davis, Esq.
Scott E. Davis, P.C.
20827 North Cave Creek Road
Suite 101
Phoenix, Arizona 85024

I hereby further certify that on August 29, 2012, I served the attached document by

U.S. mail on the above.

/s/ Roxann Draper
LEWIS AND ROCA LLP

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