Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00379-SLR Document 1 Filed 06/10/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHARLES C. HITCHENS, SR., :
Plaintiff, S
WASHINGTON GROUP INTERNATIONAL,
INC., PLAN ADMINISTRATOR, :
WASHINGTON GROUP NTERNATIONAL :
SHORT TERM DISABILITY (STD) PLAN, :
BROADSPIRE NATIONAL SERVICES, INC. :
F/K/A KEMPER NATIONAL SERVICES, INC., :
BROADSPIRE SERVICES, INC. F/K/A :
KEMPER SERVICES, INC., BROADSPIRE :
INC., F/K/A KEMPER SERVICES, INC., PLAN :
ADMINISTRATORS OF THE STD PLAN, :
Defendants.
NOTICE OF REMOVAL
TO: United States District Court for the District of Delaware:
Defendants Washington Group International, Inc., Plan Administrator, Washington
Group International Short Term Disability (STD) Plan, Broadspire National Services, Inc. F/K/A
Kemper National Services, Inc., Broadspire Services, Inc. F/K/A Kemper Services, Inc.,
Broadspire Inc., F/K/A Kemper Services, Inc., Plan Administrators of the STD Plan hereby
remove this action from the Superior Court of the State of Delaware in and for New Castle
County, in which it is now pending, to the United States District Court for the District of
Delaware. In support thereof, Defendants assert the following:
l. Plaintiff Charles C. Hitchens, Sr. commenced this action by filing a complaint
against Defendants in the Superior Court of the State of Delaware in and for New Castle County.
The action was docketed as Civil Action No. OSC-04-144 SCD.

Case 1 :05-cv-00379-SLR Document 1 Filed 06/10/2005 Page 2 of 3
2. An Amended Complaint was filed on or about April 29, 2005. (Appended hereto
as Exhibit A).
3. Plaintiff s Amended Complaint was served on the first Defendant on May 12,
2005. This was the first service of any pleading upon a defendant.
4. There have been no other proceedings in this action.
5. Plaintiff s Amended Complaint asserts claims under the Employee Retirement
Income Security Act of l974 (“ERISA"), 29 U.S.C. §§ 1001, Q gi.
6. This action is removed from state court to the United States District Court for the
District of Delaware pursuant to 28 U.S.C. §§ 1331 and 1441.
7. All defendants consent to the removal to the United States District Court for the
District of Delaware.
8. Venue is properly laid in this district pursuant to 28 U.S.C. § 139l(b) because a
substantial part of the events giving rise to Plaintiffs alleged claim occurred in this district.
9. This Notice is timely, pursuant to 28 U.S.C. § l446(b), as is it being filed within
thirty (30) days of service on Defendants of Plaintiff s Amended Complaint, which sets forth the
claim for relief upon which this action is based.
10. Pursuant to 28 U.S.C. § l446(d), Defendants will promptly give written notice of
the tiling of this Notice of Removal to Plaintiff and will file a copy of this Notice with the Clerk
of the Superior Court of the State of Delaware in and for New Castle County.
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Case 1:05-cv-00379-SLR Document 1 Filed 06/10/2005 Page 3 of 3
WHEREF ORE, notice is hereby given that this action is removed 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.
Respectfully su
.·‘ J" y, •.•' ‘/
Delaware Bar No. 2092
919 N. Market Street, Suite 1300
Wilmington, DE 19801-3046
$302; 655-7460
302 655-7004 (fax)
Counsel for Defendants
Dated: June 10, 2005
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