Notice of Removal of Civil Action 1 

18991936v.2 

Andrew M. Altschul 

BUCHANAN ANGELI 

ALTSCHUL & SULLIVAN, LLP 

321 SW 4th Avenue, Suite 600 

Portland, Oregon 97204 

Telephone: (503) 974-5015 

Facsimile: (971) 230-0337 

Email: Andrew@baaslaw.com 

Attorney for Defendant 

WALGREEN CO. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

JOSH PETERSON, 

Plaintiff, 

v. 

WALGREEN CO. d/b/a WALGREENS, 

Defendant. 

Case No. 3:15-cv-382

DEFENDANT WALGREEN CO.’S 

NOTICE OF REMOVAL OF CIVIL 

ACTION 

DEFENDANT WALGREEN CO.’S NOTICE OF REMOVAL OF CIVIL ACTION 

Defendant WALGREEN CO., by its undersigned counsel and pursuant to 28 U.S.C. §§ 

1441 and 1446, hereby files this Notice of Removal of the above-entitled action to this Court 

from the Circuit Court of the State of Oregon for the County of Multnomah, Case No. 15-cv02104. In support of this Notice, Defendant states as follows: 

1. On January 30, 2015, Plaintiff filed his Complaint in the Circuit Court of the State 

of Oregon for the County of Multnomah, titled Josh Peterson v. Walgreen Co. d/b/a Walgreens, 

Case No. 15-cv-02104. 

Case 3:15-cv-00382-SI Document 1 Filed 03/05/15 Page 1 of 4
2 

Notice of Removal of Civil Action 

18991936v.2 

2. On February 3, 2015, Plaintiff served Defendant with Summons and a copy of the 

Complaint. Pursuant to 28 U.S.C. § 1446(a), true and correct copies of these documents are 

attached hereto as Exhibit A. 

3. This action is one that may be removed by Defendant pursuant to 28 U.S.C. § 

1441(b) because Count I of the Complaint alleges a violation of the Fair Labor Standards Act, 29 

U.S.C. § 201, et seq. Thus, the United States District Courts have original jurisdiction over this 

action under 28 U.S.C. § 1331. 

4. In his Complaint, Plaintiff states that he “brings this action under the Fair Labor 

Standards Act, 29 U.S.C. Section 201, et seq. (“FLSA”)” and seeks “monetary damages, 

liquidated damages, prejudgment interest, civil penalties and costs, including reasonable 

attorneys’ fees as a result of Walgreens’ failure to pay Plaintiff for the hours that Plaintiff 

worked off the clock . . . .” (Compl. ¶ 4.) Plaintiff’s first cause of action is an alleged violation 

of the FLSA by Defendant. (Compl. ¶¶ 27-40.) Accordingly, on its face, Plaintiff’s claim arises 

under federal law and is removable to this Court. 

5. Plaintiff asserts the remainder of his claims under the Oregon Minimum Wage 

Act, OR. REV. STAT. § 653.010 et seq., the Oregon statute governing payment of wages upon 

termination, OR. REV. STAT. § 652.140, and Oregon state law governing unjust enrichment. 

Plaintiff’s claims under Oregon law arise from his alleged employment with Defendant and the 

same factual allegations as the FLSA claims. Therefore, the claims are so related that they form 

part of the same case or controversy. Accordingly, this Court has supplemental jurisdiction over 

Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367(a). 

Case 3:15-cv-00382-SI Document 1 Filed 03/05/15 Page 2 of 4
3 

Notice of Removal of Civil Action 

18991936v.2 

6. As provided under 28 U.S.C. § 1441(a), because this action was pending in the 

Circuit Court of the State of Oregon for the County of Multnomah prior to removal, divisional 

venue for purposes of removal is proper in this Court. 

7. As provided under 28 U.S.C. § 1446(b), this Notice of Removal is timely filed in 

that it is being filed within thirty (30) days after the first receipt of the Complaint by Defendant. 

8. As provided under 28 U.S.C. § 1446(d), written notice of this Notice of Removal 

is being sent to Plaintiff and the Clerk of the Circuit Court of the State of Oregon for the County 

of Multnomah. A copy of the Notice of Filing of Defendant’s Notice of Removal to the United 

States District Court for the District of Oregon is attached hereto as Exhibit B. 

WHEREFORE, for the reasons stated above, Defendant respectfully removes Case No. 

15-cv-02104, pending in the Circuit Court of the State of Oregon for the County of Multnomah, 

to this Court. 

Dated: March 5, 2015. s/ Andrew M. Altschul 

Andrew M. Altschul 

BUCHANAN ANGELI ALTSCHUL & 

SULLIVAN, LLP 

321 SW 4th Avenue, Suite 600 

Portland, Oregon 97204 

Telephone: (503) 974-5015 

Facsimile: (971) 230-0337 

Email: Andrew@baaslaw.com 

Attorney for Defendant WALGREEN CO.

 

Case 3:15-cv-00382-SI Document 1 Filed 03/05/15 Page 3 of 4
4 

Notice of Removal of Civil Action 

18991936v.2 

CERTIFICATE OF SERVICE 

 I hereby certify that I served the foregoing DEFENDANT WALGREEN CO.’S 

NOTICE OF REMOVAL OF CIVIL ACTION by the method(s) indicated below on: 

Brady Mertz 

BRADY MERTZ, PC 

Telephone: 503.385.0121 

Facsimile: 503.375.2218 

2285 Liberty Street NE 

Salem, OR 97301 

brady@bradymertz.com 

By the following indicated method: 

 Electronic filing via the CM/ECF system. 

 Regular or Priority Mail: by mailing a full, true, and correct copy thereof in a sealed 

envelope with postage prepaid thereon, addressed as above stated, which is the last-known office 

address of the attorney, and 

 Depositing it with the United States Postal Service at Portland, Oregon, on the date set 

forth below.  Plus E-mail.* 

 Sending it via a priority mail service on the date set forth below.  Plus E-mail.* 

*E-mail: Where checked above, e-mail was effected by causing a full, true, and correct copy 

thereof to be transmitted to the attorney in WordPerfect or Word format via electronic 

correspondence to the attorney’s last-known e-mail address in according with United States 

District Court Local Rule, if applicable. 

Dated: the 5th day of March, 2015. s/ Andrew M. Altschul 

Andrew M. Altschul 

BUCHANAN ANGELI ALTSCHUL & 

SULLIVAN, LLP 

321 SW 4th Avenue, Suite 600 

Portland, Oregon 97204 

Telephone: (503) 974-5015 

Facsimile: (971) 230-0337 

Email: Andrew@baaslaw.com 

Attorney for Defendant WALGREEN CO. 

Case 3:15-cv-00382-SI Document 1 Filed 03/05/15 Page 4 of 4