UNITED STATES DISTRICT COURT

FOR TH E

DISTRICT OF NEW HAMPSHIR E

Evangelos Pashos, §

Plaintiff, §

§

v. §

CIGNA Corporation d/b/a CIGNA Group §

Insurance , CIGNA Disability §

Management Solutions, INA Life §

Insurance Company of New York , CIGNA §

Life Insurance Company of New York , § Case No.

Life Insurance Company of North §

America, Connecticut General Life §

Insurance Company , INA Life Insurance §

Company of North America , and CIGNA §

Employee Benefits Companies, §

and §

Parlex Corporation, §

§

Defendants . §

NOTICE OF REMOVAL

Law Offic es of

Sulloway & Hollis, Piic

Concord , N .H . 03302

Pursuant to 28 U .S.C. §§ 1441 and 1446 , defendants CIGNA Corporation d/b/a

CIGNA Group Insurance , CIGNA Disability Management Solutions, INA Life Insurance

Company of New York, CIGNA Life Insurance Company of New York, Life Insurance

Company of North America, Connecticut General Life Insurance Company , INA Life

Insurance Company of North America, and CIGNA Employee Benefits Companies

("CIGNA") and Parlex Corporation ("Parlex") give notice that the civil action captioned

Evangelos Pashos v. CIGNA Corporation d/b/a CIGNA Group Insurance, CIGNA

Disability Management Solutions, INA Life Insurance Company of New York, CIGNA

Life Insurance Company of New York, Life Insurance Company of North America,

Connecticut General Life Insurance Company, INA Life Insurance Company of North

America, and CIGNA Employee Benefits Companies and Parlex Corporation is hereby

removed to the United States District Court for the Dist rict of New Hampshire from

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Case 1:06-cv-00021-PB Document 1 Filed 01/18/06 Page 1 of 4
the State of New Hampshire (Merrimack County) Superior Court (hereinafter "State

Court"), where it was originally filed and is now pending . Copies of all process,

pleadings and orders received by defendants are being filed with this Notice of

Removal.

Law Offic es of

Sulloway & Hollis, Piic

Concord , N .H . 03302

Statement of Grounds for Remova l

1 . Defendants have the right to remove this action as the Court has federal

question jurisdiction over this matter pursuant to 28 U .S .C . §S 1331 and 1441 and 29

U .S.C . § 1132(e) because plaintiff asserts, inter alia, a cause of action under the

Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U .S.C . §§ 1001 et seq.,

for the alleged wrongful termination of disability benefits. In this regard, plaintiff, as

an employee of defendant Parlex, was a participant in an ERISA-regulated employee

benefit plan providing such benefits. Accordingly, plaintiff's exclusive remedy to

recover disability benefits is an action brought under the civil enforcement provisions

of ERISA, and his state law claims are completely preempted under § 502(a) of ERISA

and/or subject to a preemption defense under § 514(a) of ERISA . See Metropolitan

Life Insurance Co. v. Taylor, 481 U .S. 58 (1987).

2 . Alternatively, the Court has diversity jurisdiction over this matter

pursuant to 28 U .S.C. § 1332(a) because plaintiff and defendants are citizens of

different states and the matter in controversy exceeds the sum or value of $75,000,

exclusive of interest and costs . More specifically, plaintiff alleges (a) that he is a

citizen of the State of New Hampshire ; (b) that CIGNA is a corporation organized

under the laws of the State of Delaware with its principal place of business in

Pennsylvania ;' and (c) that Parlex is a corporation organized under the laws of the

Commonwealth of Massachusetts with it principal place of business in Massachusetts .

'CIGNA Group Insurance and CIGNA Disability Management Solutions are service marks, not

legal entities . There is no legal entity called CIGNA Employee Benefits Companies . INA Life Insurance

Company of New York and INA Life Insurance Company of North America are not affiliated with CIGNA.

Neither Connecticut General Life Insurance Company nor CIGNA Life Insurance Company of New York

are organized under the laws of or have their principal place of business in New Hampshire . Life

Insurance Company of North America, the entity that actually insured the plan, is a corporation

organized under the laws of the State of Pennsylvania with its principal place of business in

Pennsylvania .

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Case 1:06-cv-00021-PB Document 1 Filed 01/18/06 Page 2 of 4
Plaintiff seeks past and future disability benefits, attorney's fees under 29 U .S.C . §

1132(g) and RSA 491 :22-a, and other unspecified damages . As such, the amount in

controversy in this action could exceed $75,000, exclusive of interest and costs .

Procedural Requirement s

3 . This Notice of Removal is timely under 28 U .S.C . § 1446(b) in that

defendants were served on or after December 22, 2005 and this Notice of Removal is

filed within 30 days of such date .

4. In accordance with 28 U .S.C . § 1446(d), promptly after filing this Notice

of Removal, defendants will give written notice of the removal to all parties and will

file a copy of this Notice of Removal with the Clerk of the State Court .

Respectfully submitted ,

Law Offic es of

Sulloway & Hollis, Piic

Concord, N .H . 03302

CIGNA CORPORATION d/b/a CIGNA GROUP

INSURANCE, CIGNA DISABILITY MANAGEMENT

SOLUTIONS, INA LIFE INSURANCE COMPANY OF

NEW YORK, CIGNA LIFE INSURANCE COMPANY

OF NEW YORK, LIFE INSURANCE COMPANY OF

NORTH AMERICA, CONNECTICUT GENERAL LIFE

INSURANCE COMPANY, INA LIFE INSURANCE

COMPANY OF NORTH AMERICA, AND CIGNA

EMPLOYEE BENEFITS COMPANIES

and PARLEX CORPORATION

By Their Attorneys,

SULLOWAY Et HOLLIS, P .L.L.C .

DATED : January 18, 2006 By: /s/ William D . Pandolph #5579

William D. Pandolph, Esq .

Bar No . 5579

9 Capitol Street

P.O . Box 1256

Concord, NH 03302-1256

(603)224-2341

e-mail : wpandolph@sulloway .com

(C0181533 I)

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Case 1:06-cv-00021-PB Document 1 Filed 01/18/06 Page 3 of 4
CERTIFICATE OF SERVIC E

Law Offic es of

Sulloway & Hollis, Piic

Concord , N .H . 03302

I hereby certify that this Notice was served on the following persons on this

date and in the manner specified herein: Electronically Se rved Through ECF: David

S.V . Shirley, Esq .

DATED : January 18, 2006 By: /s/ William D . Pandolph #5579

William D. Pandolph, Esq .

Bar No . 5579

9 Capitol Street

P.O . Box 1256

Concord , NH 03302-1256

(603)224-2341

e-mail : wpandolph@sulloway .com

(C0181533 I)

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