Bullivant|Houser|Bailey PC

300 Pioneer Tower

888 SW Fifth Avenue

Portland, Oregon 97204-2089

Telephone: 503.228.6351

NOTICE OF REMOVAL Page 1

John A. Bennett, OSB #750407

E-Mail: john.bennett@bullivant.com

Andrew E. Passmore, OSB #106704

E-Mail: drew.passmore@bullivant.com

BULLIVANT HOUSER BAILEY PC

300 Pioneer Tower

888 SW Fifth Avenue

Portland, Oregon 97204-2089

Telephone: 503.228.6351

Facsimile: 503.295.0915

Attorneys for Defendant

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

DAVID and JAYNE BOND, individuals and 

partners doing business as MAC-U-STORE,

Plaintiff,

v.

FIRST NATIONAL INSURANCE 

COMPANY, a business entity, form 

unknown,

Defendant.

Civil No.: _____________

NOTICE OF REMOVAL

TO: Clerk of the Court,

AND TO: David and Jayne Bond; and 

AND TO: Louis A. Ferreira and C. Andrew Gibson, Stoel Rives, Attorneys for 

Plaintiffs

PLEASE TAKE NOTICE that under 28 U.S.C. §§ 1332, 1441, and 1446, Defendant 

First National Insurance Company (“Defendant”) removes to this Court the state court action 

described below. In support of this notice, Defendant states as follows: 

Case 3:15-cv-00261-HZ Document 2 Filed 02/13/15 Page 1 of 3
Bullivant|Houser|Bailey PC

300 Pioneer Tower

888 SW Fifth Avenue

Portland, Oregon 97204-2089

Telephone: 503.228.6351

NOTICE OF REMOVAL Page 2

1. On January 9, 2015, Plaintiffs David and Jayne Bond (“Plaintiffs”) filed an 

action in the Circuit Court of the State of Oregon for the County of Yamhill captioned David 

and Jayne Bond v. First National Insurance Company, Case No. 15CV00800 (the “State 

Court Action”).

2. The State Court Action is a civil action for damages.

3. On January 15, 2015, Defendant was served with Plaintiffs’ Complaint in the 

State Court Action. 

4. Defendant is filing this Notice of Removal within thirty (30) days after service 

of the Complaint upon it. Thus, under 28 U.S.C. § 1446(b)(1), Defendant’s time to remove 

and to respond to the Complaint has not yet expired.

A. This Court Has Removal Jurisdiction Based Upon Complete Diversity of the 

Parties and the Requisite Amount in Controversy.

5. The State Court Action may be removed to this Court pursuant to 28 U.S.C. 

§ 1441 because this Court has original jurisdiction under 28 U.S.C. § 1332 based upon the 

complete diversity between the parties.

6. Individually, Plaintiffs are residents of the state of Oregon. As partners, 

Plaintiffs’ business, Mac-U-Store, has its principal place of business in Oregon. Therefore 

Plaintiffs are citizens of Oregon for the purposes of determining diversity of citizenship. 

7. Defendant is a company organized under the laws of the State of New 

Hampshire and for federal court jurisdiction/diversity of citizenship disclosure purposes, the 

principal place of business is 175 Berkeley Street, Boston, Massachusetts.

8. Plaintiff’s Complaint seeks damages in the amount of $370,000 for the sole 

count in the Complaint. As required by 28 U.S.C. § 1332, the amount in controversy, 

excluding costs and interest, is in excess of $75,000. 

/ / /

/ / /

Case 3:15-cv-00261-HZ Document 2 Filed 02/13/15 Page 2 of 3
Bullivant|Houser|Bailey PC

300 Pioneer Tower

888 SW Fifth Avenue

Portland, Oregon 97204-2089

Telephone: 503.228.6351

NOTICE OF REMOVAL Page 3

B. Venue.

9. Venue is proper in the United States District Court for the District of Oregon 

because Plaintiffs allege in the Complaint that the property loss occurred at storage buildings 

located at 1205-1240 N.E. 11th Way and between N.E. Alpine Avenue and N.E. 12th Avenue 

in the industrial area of McMinnville, Oregon. Pursuant to LR 3-2, the Portland Division is 

the proper division for filing because the allegations involve property located in Yamhill 

County.

C. Procedure After Removal.

10. The process, pleadings, and orders served upon Defendant in this action are 

the summons and original Complaint. In accordance with 28 U.S.C. § 1446(a), true and 

correct copies of these pleadings, process, and orders, as well as all additional records and 

proceedings in the state court, are attached as Exhibit A to this Notice of Removal.

11. In accordance with 28 U.S.C. § 1446(d), Defendant will file in the Yamhill 

County Circuit Court a Notice to Plaintiffs and the State Court Clerk of Removal to U.S. 

District Court, attached to which will be a copy of this Notice of Removal.

12. By filing this Notice of Removal, Defendant does not waive, and it expressly 

reserves, all rights, defenses, or objections of any nature that it may have to Plaintiffs’ 

claims.

DATED: February 13, 2015

BULLIVANT HOUSER BAILEY PC

By /s/ John A. Bennett

John A. Bennett, OSB #750407

Andrew E. Passmore, OSB #106704

Telephone: 503.228.6351

Attorneys for Defendant

15427000.1

Case 3:15-cv-00261-HZ Document 2 Filed 02/13/15 Page 3 of 3