You're viewing Docket Item 1 from the case Flewelling v. Liberty Mutual Group, Inc.. View the full docket and case details.

Download this document:




Case 2:13-cv-02594-dkv Document 1 Filed 08/02/13 Page 1 of 3 PageID 1

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

JEANETTE FLEWELLING,

Plaintiff,

v.

LIBERTY MUTUAL GROUP, INC.,

Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 2:13-cv-2594

Judge__________________

NOTICE OF REMOVAL

Defendant Liberty Mutual Group, Inc. (“Liberty Mutual”), through undersigned

counsel, hereby notices the removal of this case from the General Sessions Court of

Shelby County, Tennessee to the United States District Court for the Western District of

Tennessee. In support thereof, Liberty Mutual states as follows:

1.

On June 14, 2013, Plaintiff Jeanette Flewelling (“Plaintiff”) brought the

above-styled action against Liberty Mutual in the General Sessions Court of Shelby

County, Tennessee, Civil Warrant No. 1632041. See Complaint, attached hereto as

Exhibit A. Liberty Mutual was not served with Plaintiff’s Complaint until July 9, 2013.

See Notice of Service of Process, attached hereto as Exhibit B.

2.

Plaintiff’s action seeks the provision of benefits allegedly owed to her

under a “benefits contract” with Liberty Mutual. See Ex. A.

3.

Plaintiff’s asserted claim for benefits as a participant under, and relating to

the administration of, an employee welfare benefit plan is governed by the Employee

Retirement Income Security Act ("ERISA", 29 U.S.C. §1001, et seq.). ERISA not only

Case 2:13-cv-02594-dkv Document 1 Filed 08/02/13 Page 2 of 3 PageID 2

preempts all state common law and statutory claims, but also provides for original

jurisdiction in the district courts of the United States under 29 U.S.C. § 1132(e) and (f).

4.

This action is removable on the grounds that federal question jurisdiction

exists pursuant 28 U.S.C. § 1331, as Plaintiff’s claim challenging the denial of her

benefits arises exclusively under the laws of the United States. See 28 U.S.C. § 1441.

5.

This Notice of Removal is timely pursuant to 28 U.S.C. § 1446(b). Notice

of this action was served on Liberty Mutual on July 9, 2013. See Ex. B. Therefore, the

30-day period under 28 U.S.C. § 1446(b) to remove this action has not yet expired.

6.

Pursuant to 28 U.S.C. § 1446(a), Defendants have attached hereto a copy

of all process and pleadings served upon Defendants in this action. See Exs. A, B.

7.

Pursuant to 28 U.S.C. § 1446(d), Defendants certify that a Notice of

Removal has been filed with the General Sessions Court of Shelby County, Tennessee

and served upon Plaintiff’s attorney at the address below.

DATED: August 2, 2013

Respectfully submitted,

s/Lynda M. Hill
Mekesha H. Montgomery (BPR No. 025831)
Lynda M. Hill (BPR No. 019427)
Frost Brown Todd LLC
150 3rd Avenue South, Suite 1900
Nashville, Tennessee 37201
(615) 251-5550
(615) 251-5551 (facsimile)
[email protected]
[email protected]

Attorneys for Defendant Liberty Mutual
Group, Inc.

2

Case 2:13-cv-02594-dkv Document 1 Filed 08/02/13 Page 3 of 3 PageID 3

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served upon J.D. Barton, 6565

Hwy 51 N., Millington, TN 38053, via U.S. mail, postage pre-paid, this 2nd day of

August, 2013.

s/Lynda M. Hill
Lynda M. Hill

NSHLibrary 0000T69.0609173 324302v2

3