United States District Court, D. Nevada
BOARD OF TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN, Plaintiff,
TAMARA L. BLEVINS, as an individual; TAMARA L. BLEVINS, as the Court-Appointed Personal Representative of the Estate of Lawrence R. Brosi; ZENITH AMERICAN SOLUTIONS, INC., a Maryland corporation; Defendants.
BROWNSTEIN HYATT FARBER SCHRECK, LLP Bryce C. Loveland Adam
P. Segal, Esq., Bryce C. Loveland, Esq. Attorneys for
& REES LLP Susan L. Meter Craig J. Mariam, Esq., Gordon
& Rees LLP Attorneys for Defendant, Zenith American
STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT
TO ADD ADDITIONAL PARTY
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.
Board of Trustees of the Plumbers and Pipefitters Union Local
525 Pension Plan, by and through its counsel of records,
Bryce C. Loveland, Esq., of the law firm of Brownstein Hyatt
Farber Schreck LLP, and Defendant, American Solutions, Inc.,
by and through its counsel of record, Susan L. Meter, Esq.
and Craig J. Mariam, Esq., of the law firm of Gordon &
Rees, LLP, hereby stipulate and agree to the filing of a
First Amended Complaint which adds an additional party. The
proposed First Amended Complaint is attached hereto as
Discovery Plan and Scheduling Order was entered by the Court
on August 9, 2017, (ECF No. 22) and the deadline for amending
the pleadings and adding parties was September 19, 2017.
Plaintiff's counsel understands this request comes eleven
(11) days after the deadline and assures the Court this
request is not sought for any improper purpose or delay. The
delay was caused by difficulty in obtaining legible copies of
the front and back of checks from the bank on which they were
drawn on in order to evaluate and confirm the necessity of
filing an amended complaint against the additional party.
IS SO ORDERED that the Stipulation and Order to File
Plaintiffs First Amended Complaint to Add Additional Party is
action arises under the Employee Retirement Income Security
Act of 1974 (“ERISA”), 29 U.S.C. §§
1132(a)(3) and 1132(e)(1).
Court has supplemental jurisdiction over the state law claim
in this Complaint pursuant to 28 U.S.C. § 1367.
Venue is proper under 29 U.S.C. § 1132(e)(2) because the
Plaintiff is administered in Clark County, Nevada.
Plaintiff is the Board of Trustees of the Plumbers and
Pipefitters Union Local 525 Pension Plan (the
“Trust”), a defined benefit pension plan.
Board of Trustees are fiduciaries of the Trust for purposes
Defendant Tamara L. Blevins is an individual, who, based on
information and belief, is a resident of the State of
Defendant Tamara L. Blevins, as the court-appointed personal
representative of the Estate of Lawrence R. Brosi (the
“Estate”) was, on information and belief,
appointed by the District Court of Clark County, Nevada as
the personal representative of the Estate of Lawrence R.
Brosi on or around October 24, 2014.
information and belief, Tamara L. Blevins is Mr. Brosi's
Zenith American Solutions, Inc., is a Maryland corporation
licensed to do business in Nevada, and was a third party
administrator for the Trust until January 1, 2016.
Peoples State Bank (“PSB”) is an Indiana
all relevant times, Lawrence R. Brosi was a participant in
Brosi retired, effective April 1, 2007, and upon retirement,
elected a normal pension.
Brosi's pension benefit provided that Dorothy White, as
Mr. Brosi's named beneficiary, would continue to receive
benefit payments for 12 months after Mr. Brosi's death.
Brosi died on September 28, 2014.
Zenith continued to send Trust checks (the “Trust
Checks”) to Mr. Brosi's address and made payable to
Mr. Brosi after he died, which were cashed or deposited by
Zenith sent an annual pension verification form to Mr. Brosi
on February 1, 2015, which was returned to Zenith by the post
office with an Indiana forwarding address on February 10,
Zenith continued to send Trust checks made payable to Mr.
Brosi to the new Indiana address, but failed to resend the
verification form and Ms. Blevins continued to cash the
checks made payable to Mr. Brosi.
January 1, 2016, Zenith was replaced as the Trust's third
party administrator by BeneSys, Inc. (“BeneSys”).
April 4, 2016, BeneSys sent a verification form to Mr. Brosi,
with no response.
June 1, 2016, BeneSys sent a second verification form, which
Ms. Blevins responded to as if she were the pensioner and/or
BeneSys stopped payment to Mr. Brosi in August 2016.
total, $123, 155.29 was paid by the Trust to Mr. Brosi after
information and belief, Ms. Blevins cashed and/or deposited
the $123, 155.29 in Trust payments made payable to Mr. Brosi
into her own account and into ...