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In Re: Millennium Multiple Employer Welfare Benefit Plan, Debtor v. Aviva Life and Annuity Company

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION


April 15, 2011

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.

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

The opinion of the court was delivered by: Judge Campbell

Chapter 11

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.*fn1

It is SO ORDERED.

Todd Campbell United States District Judge


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