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
LIBERTY MUTUAL GROUP, INC.,
Case No. 2:13-cv-2594
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:
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.
Plaintiff’s action seeks the provision of benefits allegedly owed to her
under a “benefits contract” with Liberty Mutual. See Ex. A.
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
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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).
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.
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.
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.
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
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) 251-5551 (facsimile)
Attorneys for Defendant Liberty Mutual
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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
s/Lynda M. Hill
Lynda M. Hill
NSHLibrary 0000T69.0609173 324302v2