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104363289_1

201 East Washington Street, Suite 1200Phoenix, AZ 85004-2595

Lewis Roca Rothgerber Christie LLP

201 East Washington Street, Suite 1200

Phoenix, AZ 85004-2595

John C. West – 007233

Direct Dial: 602.262.5781

Email: jwest@lrrc.com

Jennifer Lee-Cota – 033190

Direct Dial: 602.262.5368

Email: jleecota@lrrc.com

Attorneys for Defendant United Healthcare of Arizona, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Clint Schuler, individually, appearing In Pro Per,

Plaintiff,

vs.

United Healthcare (UHC) of Arizona, Inc. a/k/a

United Healthcare Services Inc., Does 1-10,

Presently Unknown Persons, Partnerships,

Associations, Limited Liability Companies

and/or Corporations,

Defendants.

No.

NOTICE OF REMOVAL

Defendant United Healthcare of Arizona, Inc. (“UHC”) submits this Notice of

Removal of the above-entitled action from the Superior Court of the State of Arizona

for the County of Maricopa to the United States District Court for the District of

Arizona, pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1446, and state as follows:

1. The Complaint alleges the improper denial of benefits in treatment of

injuries sustained by the Plaintiff giving rise to an alleged breach of the implied

covenant of good faith and fair dealing under state law. The Complaint seeks to

recover unpaid benefits, reimbursement of out-of-pocket expenses and exemplary

damages.

2. This is a civil action in which this Court has original jurisdiction under

28 U.S.C. § 1331, 29 U.S.C. § 1132(e) and may be removed to this Court pursuant to

28 U.S.C. § 1441(a) in that it arises under and is governed by the Employee Retirement

Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. §§ 1001, et. seq.

Case 2:18-cv-00920-DJH Document 1 Filed 03/23/18 Page 1 of 5
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104363289_1 2

201 East Washington Street, Suite 1200Phoenix, AZ 85004-2595

3. On February 26, 2018, UHC was served with a Summons, Complaint,

and Certificate of Compulsory Arbitration in the case entitled Clint Schuler v. United

Healthcare (UHC) of Arizona, Inc., Maricopa County Superior Court Cause No.

CV2018-090674. A true and complete copy of the Summons, Complaint, Certificate

of Compulsory Arbitration, Civil Cover Sheet, and Affidavit of Service are attached

hereto as Exhibits A, B, C, D and E.

4. No other pleadings have been filed by the Plaintiff in this action except

those filed with this Court accompanying this Notice of Removal.

5. This Notice of Removal is timely filed with the District Court, as it is

being filed within thirty (30) days after service of the Complaint on UHC, which is the

document that provides the basis for removal. 28 U.S.C. § 1446(b).

Basis for Removal

6. Removal of this case is proper because this suit arises under the laws of

the United States. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331

and 29 U.S.C. § 1132(e) because the claims are governed and completely preempted by

ERISA. Congress granted jurisdiction to the District Courts for actions brought under

29 U.S.C. § 1132(a)(1)(B) to recover benefits due under the terms of an ERISA plan or

to enforce rights under an ERISA plan. 29 U.S.C. § 1132(e)(1). Further, 29 U.S.C. §

1132(f) provides:

[T]he district courts of the United States have jurisdiction,

without respect to the amount in controversy or the

citizenship of the parties, to grant the relief provided for in

subsection (a) of this section in any action.

7. The Complaint alleges that Plaintiff, Clint Schuler, was a participant in a

group health insurance policy no. GA5U8947BW issued by UnitedHealthcare

Insurance Company to Greencraft Interiors, LLC (“Plan”) to provide specified health

insurance benefits to its eligible employees and their dependents.

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104363289_1 3

201 East Washington Street, Suite 1200Phoenix, AZ 85004-2595

8. The Complaint alleges that Plaintiff, Clint Schuler, was an employee of

Greencraft Interiors, LLC and enrolled he and his family in the group plan issued to

Greencraft Interiors, LLC by UnitedHealthcare Insurance Company. (Complaint at

¶ 7)

9. The Complaint further alleges that after Clint Schuler’s termination of

employment with Greencraft Interiors, LLC, he enrolled in UHC’s COBRA health care

plan which expired on November 30, 2016. (Complaint at ¶ 9)

10. The Complaint alleges UHC failed to pay benefits allegedly due under

the Plan issued or administered by UHC for services rendered to Clint Schuler by

numerous providers, including the alleged improper failure to reimburse Plaintiff for

his out-of-pocket payments to providers. (Complaint at ¶¶ 14-17).

11. Count One of the Complaint alleges a state law claim for breach of the

implied covenant of good faith and fair dealing based on the alleged improper denial of

Plan benefits. (Complaint at ¶¶ 28-107).

12. All of Plaintiff’s claims are rooted in the Plan itself and represent the

Plaintiff’s attempt to recover benefits alleged to be due under the Plan. The allegations

and claims for relief implicate no legal duty independent of ERISA or the Plan’s terms.

13. Plaintiff’s claims are completely preempted and properly removed to this

Court as the claims, at bottom, seek recovery of benefits under the Plan and require the

interpretation and application of Plan terms.

14. The Plaintiffs’ state-law causes of action and relief are preempted as

improperly duplicating, supplementing and supplanting the ERISA civil enforcement

remedies and in accordance with ERISA § 502(a), these claims fall under ERISA and

are thereby completely preempted. See Aetna Health, Inc. v. Davila, 542 U.S. 200, 209

(2004).

15. UHC reserves the right to amend or supplement this Notice of Removal.

Case 2:18-cv-00920-DJH Document 1 Filed 03/23/18 Page 3 of 5
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201 East Washington Street, Suite 1200Phoenix, AZ 85004-2595

16. The undersigned attorney certifies that he has caused a copy of the

original Notice of Removal to be filed with the Clerk of the Superior Court of Arizona,

County of Maricopa.

WHEREFORE, UHC respectfully requests this Court to assume jurisdiction

over the cause herein, as provided by law.

RESPECTFULLY SUBMITTED this 23rd day of March, 2018.

LEWIS ROCA ROTHGERBER CHRISTIE LLP

By: s/John C. West

John C. West

Jennifer Lee-Cota

201 East Washington Street, Suite 1200

Phoenix, AZ 85004

Attorneys for Defendant

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104363289_1 5

201 East Washington Street, Suite 1200Phoenix, AZ 85004-2595

CERTIFICATE OF SERVICE

I hereby certify that on March 23, 2018, I served the attached document by mail

on the following, who is not a registered participant of the CM/ECF System:

Clint Shuler

7907 East Portobello Avenue

Mesa, AZ 85212

By: s/Ashly White

Case 2:18-cv-00920-DJH Document 1 Filed 03/23/18 Page 5 of 5