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Lisa Counters, 016436

4506 N 12th Street

Phoenix, AZ 85014-4246

Voice: (602) 266-2667

Fax: (602) 266-0141

Lisa@Schiffmanlaw.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

Nancy Colemon,

Plaintiff,

vs.

Metropolitan Life Insurance Company; 

Gannett Co., Inc. Welfare Benefits Plan,

Defendants.

No. 

COMPLAINT

For her claim against Defendants, Nancy Colemon (“Colemon”) alleges as follows:

JURISDICTION AND VENUE

1. Colemon is a resident of Maricopa County, Arizona.

2. Defendant Metropolitan Life Insurance Company (“MetLife”) is an insurance 

company incorporated in Delaware, with its principal place of business in New York, New 

York. MetLife is authorized to do business in Maricopa County, Arizona.

3. Defendant Gannett Co., Inc. Welfare Benefits Plan (“Plan”) is a purported 

ERISA benefit plan established and maintained by Gannett Co. Inc. (“Gannett”) for the 

benefit of its employees. The Plan includes long-term disability benefits (“LTD”). Gannett

is the Plan Administrator.

4. Gannett is a Plan Fiduciary as that term is defined by ERISA. 

Case 2:18-cv-00014-ESW Document 1 Filed 01/03/18 Page 1 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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5. This Court has jurisdiction over the Plan pursuant to ERISA 29 U.S.C. § 1132, 

and because the Plan and MetLife have caused events to occur in Arizona out of which 

Colemon’s claims arise.

6. This Court has jurisdiction over the subject matter of this action under ERISA, 

29 U.S.C. § 1132(a), (e), 28 U.S.C. § 1331 (federal question); and 28 U.S.C. § 2201-02 

(declaratory judgments). 

7. Defendants reside and are found within this District within the meaning of the 

jurisdiction and venue provisions of the Employee Retirement Income Security Act of 1974 

(“ERISA”), 29 U.S.C. § 1132 and 28 U.S.C. § 1391.

8. MetLife pays for and administers the Plan’s LTD benefits.

9. MetLife is the Claim Administrator and is a Plan Fiduciary as defined by 

ERISA for the Plan’s LTD benefits.

GENERAL ALLEGATIONS

10. MetLife provided certain employees with LTD benefits pursuant to the Plan.

11. Under the terms of the LTD benefit, Colemon is entitled to benefits for the 

first two years when MetLife determines that due to a medically determinable sickness or 

accidental injury she is unable to perform the material and substantial duties of her own 

occupation and she must be under the regular care of a physician.

12. After the first two years of disability, Colemon is considered disabled if she is 

unable to perform the material and substantial duties of any job for which she is reasonably 

fitted considering education, training and experience and she must be under the regular care 

of a physician. 

13. At all relevant times, Colemon was a Gannett employee, became a covered 

individual under the Plan, and remained continuously employed until her disability rendered 

her unable to work in her regular occupation as an Advertising Coordinator on July 23, 2004. 

Case 2:18-cv-00014-ESW Document 1 Filed 01/03/18 Page 2 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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14. The material and substantial duties of any occupation for which Colemon is 

fitted based on education, training and experience that she is unable to perform, include, but 

are not limited to:

• Ability to work a regular, 40-hour work week;

• Ability to sit for more than 30 minutes at a time;

• Ability to work due to back pain and symptoms of fibromyalgia 

including fatigue, aches, stiffness, and tenderness; 

• Ability to attend work regularly due to extensive medical appointments.

15. Colemon was diagnosed with Failed Back Surgery Syndrome, cervical and 

lumbar degenerative disc disease, fibromyalgia, and migraines. 

16. Colemon became disabled on July 23, 2004 and remains disabled from her

own occupation and from any occupation for which she is reasonably fitted considering 

education, training and experience. 

17. MetLife initially denied Colemon’s claim on April 28, 2016. 

18. Colemon is entitled to 60% of her Predisability Earnings from April 26, 2016

through the present. 

19. Colemon’s is entitled to a monthly LTD disability benefit in the amount of 

$735.91 from April 26, 2016 to the present, which reflects the gross benefit of $1,931.91 less 

the offset for her SSDI benefits in the amount of $1,196.00. 

20. Colemon provided proof of her debilitating medical conditions. In addition, 

Colemon provided MetLife with completed attending physician statements and extensive 

medical records that support her disability. 

21. Colemon submitted her appeal on December 9, 2016.

22. MetLife issued a final denial on April 11, 2017. 

23. Colemon has satisfied the jurisdictional prerequisites to filing a claim in 

federal court.

Case 2:18-cv-00014-ESW Document 1 Filed 01/03/18 Page 3 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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COUNT I

RECOVERY OF INSURANCE AND PLAN BENEFITS

24. Colemon incorporates and realleges all previous allegations. 

25. The Plan contains some language purporting to grant Colemon discretion and 

to give Colemon the ability to delegate discretion to others; however, on information and 

belief, the purported delegation is invalid and Colemon is entitled to de novo review.

26. Colemon became disabled on July 23, 2004 and remains unable to perform the 

duties of any gainful occupation for which she is reasonably fitted considering education, 

training and experience. 

27. Despite the coverage of Colemon’s long-term disability, MetLife terminated 

LTD benefits after paying Colemon benefits for over 11 years. This breach was arbitrary, 

capricious, an abuse of discretion, not supported by substantial evidence and was clearly 

erroneous.

28. Pursuant to the coverage provided in the Plan, to ERISA 29 U.S.C. 

§ 1132(a)(1)(B), and to applicable federal and state common law, Colemon is entitled to 

recover all benefits due under the terms of the Plan, and to enforce her rights under the terms 

of the Plan. 

29. Pursuant to 29 U.S.C. § 1132(g), Colemon is entitled to recover her attorneys’ 

fees and costs incurred herein from Gannett and the Plan.

30. Colemon is entitled to prejudgment interest at the highest legal rate on the 

benefits to which she is entitled pursuant to A.R.S. § 20-462.

WHEREFORE, Colemon prays for entry of judgment against Defendants as

follows:

A. For all past benefits due Colemon under the terms of the Plan;

B. For an award of Colemon’s attorneys’ fees and costs incurred herein;

C. For an award of prejudgment interest on benefits and damages at the highest 

legal rate until paid; and

Case 2:18-cv-00014-ESW Document 1 Filed 01/03/18 Page 4 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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D. For such other and further relief as the Court deems just and reasonable.

Dated this 3rd day of January 2018.

SCHIFFMAN LAW OFFICE, P.C.

By: /s/ Lisa J. Counters

Lisa J. Counters

Case 2:18-cv-00014-ESW Document 1 Filed 01/03/18 Page 5 of 5