Free Notice of Removal - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CARRIE NASH, Plaintiff, v. CIGNA GROUP INSURANCE, Defendant. * * * * * Civil Action No. ______________ * * * * *

NOTICE OF REMOVAL PLEASE TAKE NOTICE that Defendant, CIGNA Group Insurance, by and through its undersigned attorneys, pursuant to 28 U.S.C. §§ 1441, et seq., hereby removes this action filed as Carrie Nash v. CIGNA Group Insurance from the Superior Court of the State of Delaware in and for New Castle County, in which the action is now pending, to the United States District Court for the District of Delaware pursuant to 28 U.S.C. § 1446, and as grounds for said removal states as follows: 1. The Complaint was filed against Defendant in the Superior Court of the

State of Delaware in and for New Castle County, on or about January 8, 2007 in the case captioned Carrie Nash v. CIGNA Group Insurance, C.A. No. 07C-01-59 (CLS). Copies of the Complaint, Civil Information Statement, Praecipe, and Summons are attached hereto as Exhibit A. No other pleadings have been filed in this case. 2. The action was commenced by filing a Complaint in the Superior Court of

the State of Delaware, in and for New Castle County, by Plaintiff, Carrie Nash. On January 29, 2007, Defendant first received copies of the Complaint, Civil Information

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Statement, Praecipe, and Summons by certified mail delivered to P.O. Box 22328, Pittsburgh, PA 15222. 3. In filing this Notice of Removal, Defendant does not waive any

objections, exceptions or defenses to Plaintiff's Complaint including, without limitation, failure to properly serve it. 4. The Complaint alleges that plaintiff purchased a life insurance policy from

Defendant allegedly insuring the life of her son, Trayonis Allen, and that Plaintiff was allegedly a beneficiary of the life insurance policy. Plaintiff alleges that Defendant has breached the policy of insurance and refuses to make payment according to the terms and conditions of the policy. Defendant denies any liability to Plaintiff. 5. The life insurance policy at issue underwrote benefits provided to Plaintiff

through an employee welfare benefit plan established and maintained by Plaintiff's employer, Dover Downs Gaming & Entertainment Inc. Plaintiff's state law causes of action therefore relate to an employee welfare benefit plan, as defined by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA"), and therefore are preempted under Section 514(a) of ERISA (29 U.S.C. § 1144(a)) and displaced by the ERISA civil enforcement provision, Section 502(a)(1)(B) (29 U.S.C. § 1132(a)(1)(B)) (see Pilot Life Insurance Company v. Dedeaux, 481 U.S. 41 (1987)). Accordingly, this Court has original jurisdiction over this action under 29 U.S.C. § 1132(a)(1)(B). CIGNA is therefore entitled to remove this action to this Court pursuant to 28 U.S.C. § 1441. 5. In compliance with 28 U.S.C. § 1446(b), this Notice of Removal is filed

with this Court within thirty (30) days after Defendant's first receipt of a copy of the

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initial pleadings setting forth the claim for relief upon which this action or proceeding is based and within thirty (30) days after receipt of the Complaint by Defendant. 6. As required by 28 U.S.C. § 1446(d) and affirmed in the attached

Certificate of Service, Defendant is providing a Notice of Removal to Plaintiff. 7. As required by 28 U.S.C. § 1446(d), a Notice of Removal is being filed on

this date in the Superior Court of the State of Delaware in and for the County of New Castle, with this notice. WHEREFORE, for the above-stated reasons, Defendant prays that Civil Action No. 07C-01-59 (CLS), now pending in the Superior Court of the State of Delaware in and for New Castle County, be removed to this Court. CONNOLLY BOVE LODGE & HUTZ LLP

Collins J. Seitz, Jr. (Del. Bar No. 2237) Ryan P. Newell (Del. Bar No. 4744) The Nemours Building 1007 North Orange Street P. O. Box 2207 Wilmington, DE 19899 (302) 658-9141 Attorneys for Defendant

DATED: February 16, 2007

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CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on February 16, 2007, a copy of the foregoing Notice of Removal was served by hand delivery and electronic service on the following counsel: Brian E. Lutness, Esquire Silverman, McDonald & Friedman 1010 N. Bancroft Parkway, Suite 22 Wilmington, DE 19805

________________________________ Ryan P. Newell (Del. Bar No. 4744)

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JS 44 (Rev. 11/04)

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CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFF
CARRIE NASH

DEFENDANTS
CIGNA GROUP INSURANCE ___________________________ County Of Residence Of First Listed Defendant: _____________ (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(b) County Of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) ATTORNEYS (FIRM NAME, ADDRESS AND TELEPHONE NUMBER)
Brian E. Lutness, Esquire Silverman, McDonald & Friedman 1010 N. Bancroft Parkway, Suite 22 Wilmington, DE 19805

ATTORNEYS (IF KNOWN) Collins J. Seitz, Jr. (Bar No. 2237) Ryan P. Newell (Bar. No. 4744) CONNOLLY BOVE LODGE & HUTZ LLP 1007 N. Orange Street, P.O. Box 2207 Wilmington, DE 19899 Telephone (302) 888-6434

Telephone (302) 888-2900

II. BASIS OF JURISDICTION
G 1 U.S. Government Plaintiff G 2 U.S. Government Defendant

(Place an "X" In One Box Only) G 3 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) PTF G1 DEF G1

(Place an "X" in One Box for Plaintiff and One Box for Defendant)

Citizen of This State G 4 Diversity (Indicate Citizenship of Parties in Item III) Business in This State

Incorporated or Principal

PTF DEF G4 G4 Place of

Place of Business in This State Citizen of Another State G 2 G3 G 2 G3 Incorporated and Principal Place of Business in Another State Foreign Nation G5 G6 G5 G 6

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

(Place an "X" In One Box Only) TORTS PERSONAL INJURY G 310 Airplane G 315 Airplane Product Liability G 320 Assault. Libel & Slander G 330 Federal Employers Liability G 340 Marine G 345 Marine Product Liability G 350 Motor Vehicle G 355 Motor Vehicle Product Liability G 360 Other Personal Injury PERSONAL INJURY G 362 Personal Injury Med. Malpractice G 365 Personal Injury Product Liability G 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY G 370 Other Fraud G 371 Truth in Lending G 380 Other Personal Property Damage G 385 Property Damage Product Liability FORFEITURE/PENALTY G 610 Agriculture G 620 Other Food & Drug G 625 Drug Related Seizure of Property 21 USC 881 G 630 Liquor Laws G 640 R.R. & Truck G 650 Airline Regs. G 660 Occupational Safety/Health G 690 Other BANKRUPTCY G 422 Appeal 28 USC 158 G 423 Withdrawal 28 USC 157 OTHER STATUTES G 400 State Reapportionment G 410 Antitrust G 430 Banks and Banking G 450 Commerce G 460 Deportation G 470 Racketeer Influenced and Corrupt Organizations G 480 Consumer Credit G 490 Cable/Sat TV G 810 Selective Service G 850 Securities/ Commodities/ Exchange G 875 Customer Challenge 12 USC 3410 G 890 Other Statutory Actions G 891 Agricultural Acts G 892 Economic Stabilization Act G 893 Environmental Matters G 894 Energy Allocation Act G 895 Freedom of Information Act G 900 Appeal of Fee Determination Under Equal Access to Justice G 950 Constitutionality of State Statutes

CONTRACT G 110 Insurance G 120 Marine G 130 Miller Act G 140 Negotiable Instrument G 150 Recovery of Overpayment & Enforcement of Judgment G 151 Medicare Act G 152 Recovery of Defaulted Student Loans (Excl Veterans) G 153 Recovery of Overpayment of Veteran's Benefits G 160 Stockholders Suits G 190 Other Contract G 195 Contract Product Liability G 196 Franchise

G 820 Copyrights G 830 Patent G 840 Trademark

G 210 Land Condemnation G 220 Foreclosure G 230 Rent Lease & Ejectment G 240 Torts to Land G 245 Tort Product Liability G 290 All Other Real Property

G 441 Voting G 442 Employment G 443 Housing/ Accommodations G 444 Welfare G 445 Amer. w/Disabilities ­ Employment G 446 Amer. w/Disabilities ­ Other G 440 Other Civil Rights

G 510 Motions to Vacate Sentence HABEAS CORPUS: G 530 General G 535 Death Penalty G 540 Mandamus & Other G 550 Civil Rights G 555 Prison Condition

G 710 Fair Labor Standards Act G 720 Labor/Mgmt Relations G 730 Labor/Mgmt Reporting & Disclosure Act G 740 Railway Labor Act G 790 Other Labor Litigation G 791 Empl. Ret. Inc. Security Act

G 861 HIA (1395ff) G 862 Black Lung (923) G 863 DIWC/DIWW (405(g)) G 864 SSID Title XVI G 865 RSI (405(g))

G 870 Taxes (U.S. Plaintiff or Defendant) G 871 IRS - Third Party 26 USC 7609

V. ORIGIN
G 1 Original Proceeding

(PLACE AN "X" IN ONE BOX ONLY) Transferred from G 2 Removed from G 3 Remanded from G 4 Reinstated or G 5 another district State Court Appellate Court Reopened (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 29 U.S.C. § 1001 et seq. G 6 Multidistrict Litigation

Appeal to District Judge from G 7 Magistrate Judgment

VI. CAUSE OF ACTION

VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE

Brief description of cause: Plaintiff alleges that Defendant has breached a policy of insurance and refuses to make payment according to the terms and conditions of the policy. Defendant denies any liability to Plaintiff. G CHECK IF THIS IS A CLASS ACTION DEMAND: CHECK YES only if demanded in complaint: UNDER F.R.C.P. 23 (See instructions): JUDGE $50,000 plus attorney fees, costs and interest. DOCKET NUMBER JURY DEMAND: G YES G NO

SIGNATURE OF ATTORNEY OF RECORD

February 16, 2007
FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 11/04)

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS­44
Authority For Civil Cover Sheet The JS­44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs ­ Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statues unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service. VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CARRIE NASH, Plaintiff, v. CIGNA GROUP INSURANCE, Defendant. * * * * * Civil Action No. ______________ * * * * *

CERTIFICATION OF NOTICE OF REMOVAL The undersigned attorneys for Defendant CIGNA Group Insurance hereby certify that a Notice of Removal ("Notice") of this action from the Superior Court of the State of Delaware in and for New Castle County, to the United States District Court for the District of Delaware, was given to the Superior Court of the State of Delaware in and for New Castle County, by filing therein a copy of the Notice removing this case to the United States District Court for the District of Delaware, on February 16, 2007. CONNOLLY BOVE LODGE & HUTZ LLP

Collins J. Seitz, Jr. (Del. Bar No. 2237) Ryan P. Newell (Del. Bar No. 4744) The Nemours Building 1007 North Orange Street P. O. Box 2207 Wilmington, DE 19899 (302) 658-9141 Attorneys for Defendant DATED: February 16, 2007
Certification of Notice of Removal - Nash v. CIGNA.doc

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CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on February 16, 2007, a copy of the foregoing Certification of Notice of Removal was served by hand delivery and electronic service on the following counsel:

Brian E. Lutness, Esquire Silverman, McDonald & Friedman 1010 N. Bancroft Parkway, Suite 22 Wilmington, DE 19805

________________________________ Ryan P. Newell (Del. Bar No. 4744)

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