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Board of Trustees of Plumbers v. Blevins

United States District Court, D. Nevada

October 2, 2017

BOARD OF TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN, Plaintiff,
v.
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 Plaintiff

          GORDON & REES LLP Susan L. Meter Craig J. Mariam, Esq., Gordon & Rees LLP Attorneys for Defendant, Zenith American Solutions, Inc.

          STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT TO ADD ADDITIONAL PARTY

          RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.

         Plaintiff, 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 Exhibit 1.

         The 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.

         The 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.

         ORDER

         IT IS SO ORDERED that the Stipulation and Order to File Plaintiffs First Amended Complaint to Add Additional Party is granted.

         EXHIBIT 1

         JURISDICTION AND VENUE

         1. This action arises under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1132(a)(3) and 1132(e)(1).

         2. The Court has supplemental jurisdiction over the state law claim in this Complaint pursuant to 28 U.S.C. § 1367.

         3. Venue is proper under 29 U.S.C. § 1132(e)(2) because the Plaintiff is administered in Clark County, Nevada.

         PARTIES

         4. Plaintiff is the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan (the “Trust”), a defined benefit pension plan.

         5. The Board of Trustees are fiduciaries of the Trust for purposes of ERISA.

         6. Defendant Tamara L. Blevins is an individual, who, based on information and belief, is a resident of the State of Indiana.

         7. 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.

         8. On information and belief, Tamara L. Blevins is Mr. Brosi's niece.

         9. 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.

         10. The Peoples State Bank (“PSB”) is an Indiana for-profit corporation.

         FACTUAL BACKGROUND

         11. At all relevant times, Lawrence R. Brosi was a participant in the Trust.

         12. Mr. Brosi retired, effective April 1, 2007, and upon retirement, elected a normal pension.

         13. Mr. 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.

         14. Mr. Brosi died on September 28, 2014.

         15. 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 Tamara Blevins.

         16. 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, 2015.

         17. 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.

         18. On January 1, 2016, Zenith was replaced as the Trust's third party administrator by BeneSys, Inc. (“BeneSys”).

         19. On April 4, 2016, BeneSys sent a verification form to Mr. Brosi, with no response.

         20. On June 1, 2016, BeneSys sent a second verification form, which Ms. Blevins responded to as if she were the pensioner and/or beneficiary.

         21. BeneSys stopped payment to Mr. Brosi in August 2016.

         22. In total, $123, 155.29 was paid by the Trust to Mr. Brosi after his death.

         23. On 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 ...


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