Passons et al v. Aviva Life and Annuity Company et al

Filing 171

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby rules as follows: (1) Plaintiffs' Motion to Remand and Abstain 139 is DENIED; (2) Plaintiffs' Motion to Sever Claims Against the Millennium Multiple Employe r Welfare Benefit Plan 141 is DENIED; (3) Defendant Aviva Life and Annuity Company's Motion to Transfer Venue of Removed Case to Court Administering Debtors Chapter 11 Bankruptcy Case 136 is GRANTED; and (4) This case is hereby TRANSFERRED to the United States District Court for the Western District of Oklahoma for the purpose of referring the action to the United States Bankruptcy Court for the Western District of Oklahoma. Signed by Chief Judge Todd J. Campbell on 4/15/11. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
IN RE:

)
)
MILLENNIUM MULTIPLE EMPLOYER
)
WELFARE BENEFIT PLAN,
)
)
Debtor,
)
)
--------------------------------------------------------------- )
GARY A. PASSONS, M.D., et al.
)
)
Plaintiffs,
)
)
v.
)
)
AVIVA LIFE AND ANNUITY
)
COMPANY, f/k/a INDIANAPOLIS
)
LIFE INSURANCE COMPANY, et al.
)
)
Defendants.
)

Chapter 11
(W.D. Okla. Bankruptcy-Case No. 10-13528)

Case No. 3:10-00575
Judge Campbell

ORDER
For the reasons set forth in the accompanying Memorandum, the Court hereby rules as
follows:
(1) Plaintiffs’ Motion to Remand and Abstain (Docket Entry No. 139) is DENIED;
(2) Plaintiffs’ Motion to Sever Claims Against the Millennium Multiple Employer Welfare
Benefit Plan (Docket No. 141) is DENIED;
(3) Defendant Aviva Life and Annuity Company’s Motion to Transfer Venue of Removed
Case to Court Administering Debtor’s Chapter 11 Bankruptcy Case (Docket No. 136) is
GRANTED; and
(4) This case is hereby TRANSFERRED to the United States District Court for the Western
District of Oklahoma for the purpose of referring the action to the United States Bankruptcy Court

for the Western District of Oklahoma.1
It is SO ORDERED.

____________________________________
Todd Campbell
United States District Judge

1

The Court specifically declines to rule on Plaintiffs’ Motion for Voluntary Dismissal (Docket No. 164), being
of the view that the Motion can best be addressed in the context of Millennium’s bankruptcy proceedings.