PAGE 1 – NOTICE OF REMOVAL

Robert L. Carey, OSB No. 871860 

 Direct Dial: 503.802.2032 

 Fax: 503.972.3732 

 E-Mail: bob.carey@tonkon.com 

Blerina Kotori, OSB No. 074381 

 Direct Dial: 503.802.2055 

 Fax: 503.972.3755 

 E-Mail: blerina.kotori@tonkon.com 

TONKON TORP LLP

1600 Pioneer Tower 

888 S.W. Fifth Avenue 

Portland, OR 97204 

Attorney for Defendants 

Legacy Health System CPC, LLC and Legacy Health 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

(Portland Division) 

Pursuant to 28 U.S.C. §§ 1331, 1367, 1441 and 1446, Defendants Legacy Health 

System CPC, LLC and Legacy Health ("Defendants") file this notice of removal and remove this 

case from the Circuit Court of the State of Oregon for Multnomah County, in which court said 

cause is now pending, to the United States District Court for the District of Oregon. 

NANCY HADBAVNY, an individual

 Plaintiff, 

 v. 

LEGACY HEALTH SYSTEM CPC, LLC an 

Oregon corporation, and LEGACY HEALTH, a 

domestic non-profit corporation, 

 Defendants. 

 Civil No. 3:14-cv-1670

NOTICE OF REMOVAL

(Pursuant to

28 U.S.C. §§ 1331, 

1367, 1441 and 1446)
PAGE 2 – NOTICE OF REMOVAL

 IN SUPPORT THEREOF, Defendants state as follows: 

1. Defendants are a party in a civil action brought against them in the Circuit 

Court of the State of Oregon for the County of Multnomah entitled Nancy Hadbavny v. Legacy 

Health System CPC, LLC, case No. 14CV12761, filed on September 9, 2014. 

2. Defendants accepted service of the complaint on October 1, 2014. 

3. Oregon District Court has original jurisdiction over this action pursuant to 28 

U.S.C. §1331 because Plaintiff's Third Claim for Relief is brought under the Fair Labor Standards 

Act, at 29 U.S.C. §207. Therefore, Defendants may remove this action to this Court pursuant to 28 

U.S.C. §§1441 and 1446. 

4. This Court has supplemental jurisdiction over Plaintiff's First, Second, and 

Fourth Claims for Relief pursuant to 28 U.S.C. §1367. 

5. This Notice of Removal is timely filed with the Court within 30 days of 

receipt by Defendants through service as provided in 28 U.S.C. § 1446(b). 

6. Removal venue lies in this Court because Plaintiff's action was filed and is 

pending in this District. 

7. Promptly upon filing this Notice of Removal, Defendants will provide 

written notice to the Plaintiff and file a copy of this Notice of Removal with the Clerk of the 

Multnomah County Circuit Court. 

8. By filing this Notice of Removal and removing this case, Defendants do not 

waive, but rather expressly preserve any and all defenses. 

9. This Notice of Removal is signed pursuant to Fed. R. Civ. P. 11. The 

undersigned has read this Notice of Removal, and to the best of the undersigned's knowledge, 

information and belief, formed after a reasonable inquiry, it is well grounded in fact; is warranted 

by existing law or an extension or modification of existing law; and is not interposed for any 

improper purposes, such as to harass or cause unnecessary delay or needless increase in the cost of 

this litigation. 

/ / / 
PAGE 3 – NOTICE OF REMOVAL

WHEREFORE, Defendants respectfully note its removal of the above-captioned 

matter to the United States District Court for the District of Oregon. 

DATED this 21st day of October, 2014. 

TONKON TORP LLP 

By /s/ Robert L. Carey 

Robert L. Carey, OSB No. 871860 

 Direct Dial: 503.802.2032 

 Fax: 503.972.3732 

 E-Mail: bob.carey@tonkon.com 

Blerina Kotori, OSB No. 074381 

 Direct Dial: 503.802.2055 

 Fax: 503.972.3755 

 E-Mail: blerina.kotori@tonkon.com 

TONKON TORP LLP 

1600 Pioneer Tower 

888 SW Fifth Avenue 

Portland, OR 97204 

Attorney for Defendants, 

Legacy Health System CPC, LLC and Legacy Health
PAGE 1 - CERTIFICATE OF SERVICE 

CERTIFICATE OF SERVICE 

 I hereby certify that I served the foregoing NOTICE OF REMOVAL on: 

 Diane S. Sykes 

Attorney at Law P.C. 

PO Box 820208 

Portland, OR 97282 

diane@dianessykeslaw.com 

 Attorney for Plaintiff 

 by electronic means through the Court's Case Management/Electronic Case 

File system on the date set forth below; 

 by mailing a copy thereof in a sealed, first-class postage prepaid envelope, 

addressed to said attorney's last-known address and depositing in the U.S. mail at Portland, 

Oregon on the date set forth below; 

 by sending a copy thereof via overnight courier in a sealed, prepaid envelope, 

addressed to each attorney's last-known address on the date set forth below; 

 by faxing a copy thereof to each attorney at each attorney's last-known 

facsimile number on the date set forth below; or 

 by concurrently electronically mailing this document in Word format to said 

attorney's last-known e-mail address on the date set forth below 

DATED this 21st day of October, 2014. 

TONKON TORP LLP 

By: /s/ Robert L. Carey 

Robert L. Carey, OSB No. 871860 

Blerina Kotori, OSB No. 074381 

Attorney for Defendants 

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