BROWNSTEIN HYATT FA

RBER SCHRECK, LLP 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

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John C. West – 007233

jwest@bhfs.com 

Ishra K. Solieman – 028551 

isolieman@bhfs.com BROWNSTEIN HYATT FARBER 

SCHRECK, LLP 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

Telephone: 602.382.4040 

Facsimile: 602.382.4020 

Attorneys for Defendant 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

SurgCenter of Gilbert, LLC,

Plaintiff, 

vs. 

UnitedHealthcare of Arizona, Inc., 

Defendant. 

No. 

NOTICE OF REMOVAL 

Defendant UnitedHealthcare of Arizona, Inc. (“Defendant”) submits this Notice of 

Removal of this action from the Maricopa County Justice Court of the State of Arizona to 

the United States District Court for the District of Arizona, pursuant to 28 U.S.C. §§ 

1331, 1332(a), (c), 1441(a) and (b), and 1446, and state as follows: 

1. This is a civil action in which this Court has original jurisdiction under 28 

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

U.S.C. § 1441(a) in that it arises under the Employee Retirement Income Security Act of 

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

2. The Complaint alleges that Defendant provided services to a patient 

covered under an insurance policy issued by the Defendant but has not been paid. The 

Complaint further alleges that Defendant’s offset of overpayments mistakenly made on 

unrelated cases is improper. 

Case 2:15-cv-01933-DJH Document 1 Filed 09/28/15 Page 1 of 4
BROWNSTEIN HYATT FA

RBER SCHRECK, LLP 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

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3. On August 28, 2015, Defendant was served with a Summons, Complaint, 

and Notice of Lawsuit in the above entitled action. A true copy of the Summons, 

Complaint, and Notice of Lawsuit are attached hereto as Exhibits A, B, and C. 

4. No pleadings or papers 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 within thirty 

(30) days after service of the Complaint on Petitioners. 

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 raised are governed and completely preempted by 

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

under 29 U.S.C. § 1132(a) 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 patient referred to in the Complaint is an eligible participant in an 

ERISA-governed employee welfare benefit plan sponsored and funded by the employer 

of the plan participant, Nationstar Mortgage LLC. The name of the Plan is the Nationstar 

Mortgage Welfare Benefit Plan (the “Plan”). 

8. The Defendant is the claims administrator for the Plan. 

9. The Complaint alleges that the Plaintiff provided medically necessary 

services to a patient and seeks recovery of plan benefits which would be available only 

by application of the ERISA-governed employee welfare benefit plan. 

Case 2:15-cv-01933-DJH Document 1 Filed 09/28/15 Page 2 of 4
BROWNSTEIN HYATT FA

RBER SCHRECK, LLP 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

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10. 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. 

11. The 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. 

12. The Plaintiff’s 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). 

13. Pursuant to 28 U.S.C. § 1444(d), a copy of this Notice of Removal will be 

filed with the Clerk of the Maricopa County Highland Justice Court of the State of 

Arizona. 

14. Pursuant to 28 U.S.C. § 1444(d), Defendant is providing written notice of 

this Removal by service on Plaintiff’s counsel of record with a complete copy thereof. 

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

Removal. 

WHEREFORE, Defendant respectfully requests this Court to assume jurisdiction 

over the cause herein, as provided by law. 

RESPECTFULLY SUBMITTED this 28th day of September, 2015. 

BROWNSTEIN HYATT FARBER 

SCHRECK, LLP 

By: s/John C. West John C. West 

Ishra K. Solieman 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

Attorneys for Defendant 

Case 2:15-cv-01933-DJH Document 1 Filed 09/28/15 Page 3 of 4
BROWNSTEIN HYATT FA

RBER SCHRECK, LLP 

One East Washington Street, Suite 2400 

Phoenix, AZ 85004 

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CERTIFICATE OF SERVICE 

 I hereby certify that on September 28, 2015, I electronically transmitted the 

attached document to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 

Elliot S. Isaac – elliot.isaac@azbar.org 

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

following, who are not registered participants of the CM/ECF System: 

By s/Ashly White 

Case 2:15-cv-01933-DJH Document 1 Filed 09/28/15 Page 4 of 4