Harry Korrell, Pro Hav Vice Pendingharrykorrell lEdwt.comDAVIS WRIGHT TREMAINE LLP

1201 Third Avenue, Suite 2200

Seattle, V/A 978101

Telephone: (206) 757-8080Facsimile: (206) 7 57 -70880

Attorneys for Defendant

CITY OF PORTLAND, a municipal

corporation,

PLAINTIFF,

v

UBER TECHNOLOGIES, INC., a Delaware

corporation, and RASIER, LLC, its whollyowned subsidiary

DEFENDANT.

IN THE UNITED STATES DISTzuCT COURT

DISTzuCT OF OREGON

AT PORTLAND

Case No.

NOTICE OF REMOVAL OF CIVI

ACTIONDEMAND FOR JURY TRIALMultnomah County Circuit Court Case

No. 14CV-18915

PLEASE TAKE NOTICE that pursuant to 28 U.S.C, $$ 1332, 1441 and 1446,Defendant

removes this action from the Circuit Courl of the Sfate of Oregon, for the County of Multnomah, tothe United States District Court for the District of Oregon in Portland, Oregon, The grounds for

removal are as follows:Page 1 - NOTICE OF REMOVAL OF CIVIL ACTION

DAVIS WRIGHT TREMAINE LLP.

DWT 25490678v3 0096932-000015 I 300 S.W, Fifth Avenue, Suite 2400

Portland, Oregon 97201-561 0

(503) 241-2300 main ' (503) 778-5299 fax
2. On or about December 8,2014, this civil action was filed in the Circuit Court of the

State of Oregon, for the County of Multnomah, entitled City of Portland v. Uber Technologies, Inc.,

et al., Multnomah County Circuit Courl Case No. 14CV18915 (hereinafter the "Action"). A copy

of the summons and complaint which constitute all of the process, pleadings, and orders served on

Defendant in that action up to the present date as required by 28 U.S.C. $ 1446(a), are attachedhereto as Exhibit 1.

3. Defendants Uber Technologies, Inc. and Raiser, LLC were served with a copy of

the Summons and Complaint in the Action on Decmber 8,2014. This Notice of Removal is filedwith this Court within thirty (30) days of service of the Complaint as required by 28 U.S.C. $

r446(b).

4. On information and belief, plaintiff City of Porlland is a municipal corporation of

the state of Oregon.

5. Defendant Uber Technologies, Inc. is a Delaware corporation with its principle place

of business in Califomia. Defendant Raiser LLC is a Delaware corporation with its principle place

of business in California.

6, Venue lies in this Court because plaintiffs action is pending in Multnomah

County Circuit Court, which is within this District and Division. 28 U,S.C. $ laa6(a).

7. The required jurisdictional amount of $75,000 is met in this case. 28 U.S.C.

$ 1332. When injunctive relief is sought, as here, the amount in controversy may be satisfied

where the "pecuniary result to either party" is more than $75,000. In re Ford Motor

Co./Citibank (5. Dakota), N.A.,264 F .3d 952,958 (9th Cir. 2001), cert. granted in part sub nom.534 U.S. 1126 (2002), and cert. dismissed, 537 U.S. 1 (2002). The "potential cost to the

defendant of complying with the injunction" is one way to measure that pecuniary result. Id. atPage2 - NOTICE OF REMOVAL OF CIVIL ACTIONDwr 2s4e0678v3 00e6e32-0000r5 ?åX'å#iLiläiyå1,ì:i.bå

Portland, Oregon 97201-561 0

(503) 24t-2300 main ' (503) 778-5299 fax
(198S) (in litigation over the constitutionality of a statute, the value of a parly

s right 

is

measured by the losses that will follow from the statute's enforcement," including the fact of lostbusiness accounts that could lead to diminished profits), abrogated on other grounds as slated in

United Food and Comm, Workers Union Local 751 v. Brown Group, Inc., 517 U.S. 54a 0996);

Luna v. Kemira Specialty, Inc., 575 F. Supp.2d 1166, 7172-75 (C.D. Cal. 2008) (analyzing lost

revenues in an action for an injunction to prevent enforcement of an employee's non-competition

agreement);Biotronik, Inc. v. St. Jude Med.5.C., lnc.,2012WL3264046 *4-5 (D. Or. Aug.5,

2012) (not reported) (the value of a litigant's ability to solicit customer accounts may be

determined based on "the value of the disputed accounts, sales revenues" and other measures todetermine jurisdiction). Here, Defendant will suffer lost profits in excess of $75,000 if therequested injunction is entered and it is prohibited from operating its business, and will incurcompliance costs in excess of $75,000 if the requested injunction is entered and it must change

operations to comply with the City's requirements. Specif,rcally, the declaration of Brooke

Steger, Uber's General Manager responsible for Seattle and Porlland in the Northwest,

establishes that the Company would suffer lost prof,rts in excess of $100,000 if the requestedinjunction is entered. That testimony also shows that the cost to Uber of changing theiroperations to comply with the City's unconstitutional requirements would cost in excess of

$100,000. Therefore, Defendant has met the amount-in-controversy requirement for removal tofederal courl.

8. Defendant has good and suffîcient defenses to this action and does not waive any

defenses, jurisdictional or otherwise, by the filing of this Notice.

9. Written notice of the filing of this Notice of Removal will be given to plaintiff,

together with a copy of the Notice of Filing Notice of Removal and supporting papers with the

Page 3 - NOTICE OF REMOVAL OF CIVIL ACTION

DAVIS WRIGI-IT TREMAINE LLP

DWT 25490678v3 0096932-00001 5 1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main ' (503) 778-5299 fax
the Circuit Court of the State of Oregon for the County of Multnomah to the the United States District Court for the District of Oregon.

DATED this 8th day of December,2014

DAVIS WRIGHT LLPBy {*

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, 

osB #822180

Harry l, Pro Hac Vice PendingEmail : gregorycl-raimov@dwt. comEmail : harrykorrell@dwt.comTelephone: (503) 241 -2300Facsimile: (503) 77 8-5299Attorneys for Defendant

Page 4 - NOTICE OF REMOVAL OF CIVIL ACTION

DAVIS WRIGHT TREMAINE LI,P

DWT 25490678v3 0096932-000015 1300 S,W, Fifth Avenue, Suite 2400

Portland, Oregon 97 201 -561 0

(503)241-2300 main ' (503) 778-5299 lax
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Tracy Reeve, OSB# 891123Portland Citv Anornev's Office

1221 SW 4'KAvenue,"Suite 430

Portland, OR 91204Email : tracy.reeve@porllandore gon. govPhone: 503-823-4047

Fax: 503-823-3089

Of Attorneys for Plaintiff

n by mailing a copy thereof in a sealed, first-class -p_ostage .prep!úd envelope, addressed to said attorney's last-known address and deposited in the U.S. mail at Portland,

Oregon on the date set forth below;

shown above on theenvelope, addressednumber on the date

address as set forth above

Dated this 8re

Page 1 - CERTIFICATE oF SERVICEDWT 25490678v3 0096932-0000 I 5

day of December, 2014,

DAVIS WRIGHT TREMAINE I-IP

by causing a copy thereofto be hand-delivered to said attorney's address as

date set forth below;

by sending a copy thereofvia overnight courier in a sealed, prepaid

tó said attórneyts last-known address on the date set forlh below;

by faxing a copy thereof to said attorney at his/her last-known facsimile

set forth below; or

Ø AV emailing a copy thereof to said attorney at his/her last-known email

By

DAVIS WRIGHT TREMAINE I-LP

1300 S,W. f:ifth Avenue, Suite 2400

Portland, Oregon 97201 -561 0

(503)24t-2300 main '(503) 778-5299 fax

ll (-1, ö{,8.+o>-s

gre gor)'chaimov@,dwt. com

ßGregory A, Chaimov, OSB 180

Harry Korell, Pro Hac Vice PendingEmailEmail: hanykorrell@dwt.com

Telephone: (503) 241 -2300Facsimile: (503) 77 8-5299Attorneys for Defendant