p ~ Case 1:05-cv-00564-SLR Document 1-4 Filed 08/O4/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT I A
FOR THE DISTRICT OF DELAWARE
v. Civil Action No. %l A
VERIZON, INC., a Delaware corporation;
MUTUAL OF OMAHA, a foreign :
insurance company :
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. Sections 1441 and 1446, Defendant Verizon, Inc. tiles this Notice
of Removal in the above-captioned matter from the Court of Chancery of the State of Delaware
to the United States District Court for the District of Delaware and in support hereof avers as
1. This Action was commenced by way of Complaint filed in the Court of Chancery
ofthe State of Delaware on or about July 1, 2005. A true and correct copy of the Complaint is
attached hereto as Exhibit A.
2. As set forth more fully therein, Plaintiffs claims arise under the Employee
Retirement Income Security Act of 1974 (“ERISA"), 29 U.S.C. Section 1001 Q seg.
3. In particular, Plaintiffs claims are based on her allegation that Verizon and
Mutual of Omaha improperly handled her claim for long term care insurance benefits provided
by Verizon under an employee benefit plan.
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4. Verizon Inc’s Group Long Term Care Benefits Plan constitutes an “employee
welfare benefit plan" within the meaning of ERISA.
5. ERISA completely preempts any state law claims for benefits. As a result,
Plaintiffs claims come within the scope of ERISA, even though they are pleaded in terms of state
law, and are in reality based on federal law.
6. Thus, under the well-pleaded complaint rule, Plaintiffs claims arise under federal
law, and are therefore removable to Federal Count.
7. The lawsuit is therefore removable from the State Court to this Court pursuant to
28 U.S.C. Sections l33l and l441(b).
8. This notice is timely, it being filed within thirty (30) days of Defendant Verizon,
Inc.'s receipt of a copy of the Complaint setting forth the claims for relief upon which the action
9. Defendant Mutual of Omaha, through counsel, has consented to the removal of
THE NEUBERGER FIRM, P.A.
THO AS S. N "" BERGER, ESQ 243)
STEPHEN J. NEUBERGER, ESQ. (#4440)
Two East Seventh Street, Suite 302
Wilmington, Delaware 19801
i Case 1:05-cv-00564-SLR Document 1-4 Filed 08/O4/2005 Page 3 of 3
SALMANSON GOLDSHAW, P.C.
MICHAEL J. SALMANSON, ESQ.
SCOTT B. GOLDSHAW, ESQ.
2 Penn Center, Suite l230
Philadelphia, PA 19102
Ahorneysfbr Defendant Verizon, Inc.
Dated: August 4, 2005