Patrick J. Kurkoski

pkurkosk@amfam.com

Attorney at Law

11850 SW 67th Ave., Ste 160

Portland, OR 97223

Telephone: 503-403-1880, ext. 53645

Facsimile: 877-822-9631

Attorney for Defendant American Family Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

HARLEY WILSON and DANI JO 

WILSON,

Plaintiffs,

v.

AMERICAN FAMILY MUTUAL 

INSURANCE COMPANY,

Defendant.

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Case No. _2:15-CV-1512_____

DEFENDANT’S NOTICE OF 

REMOVAL

PLEASE TAKE NOTICE THAT Defendant, American Family Mutual Insurance 

Company ("Defendant") hereby removes this action from the Circuit Court of the State of 

Oregon for the County of Malheur. (Case No. 15CV1319) to the United States District Court 

for the District of Oregon pursuant to 28 U.S.C. § 1446. This Notice of Removal is 

supported by the following facts, and is made without prejudice to Defendant's right to assert 

that venue in the state court and in this Court is improper, in addition to any other defenses 

available under Fed. R. Civ. P. 12(b).

1. Defendant is a party in a civil action brought against it in the Circuit Court of the 

State of Oregon for the County of Malheur entitled “Harley Wilson and Dani Jo 

Wilson, Plaintiffs, v. American Family Mutual Insurance Company, Defendant, 

No. 15CV1319.” A copy of the summons and complaint in that action is attached 

to this notice and constitutes all process, pleadings, and orders served on the 

defendant in that action up to the present date.

Page 1 - DEFENDANT’S NOTICE OF REMOVAL

Patrick J. Kurkoski, OSB # 973083

11850 SW 67th Ave., Ste. 160, Portland, OR 97223

(503) 403-1880, ext. 53645

American Family Mutual Insurance Company

Case 2:15-cv-01512-SU Document 1 Filed 08/11/15 Page 1 of 3
2. The state court action was commenced when the Complaint was filed with the 

county clerk for Malheur County, Oregon, on or about July 24, 2015. A copy of 

the summons and complaint was served on Sharon Walls with defendant’s 

registered agent, Corporation Service Company, personally, at her place of 

business on July 29, 2015. Defendant has filed no pleadings in this cause. This 

notice of removal is filed within 30 days after service of process. 

3. The state court action is a controversy between citizens of different states. When 

the summons and complaint were served, plaintiff was, and now is, a citizen of 

and domiciled in the State of Oregon. Defendant was, at the time of the filing of 

this action, and still is, a Wisconsin corporation having its principal place of 

business in Madison, Wisconsin. Therefore, Defendant is a citizen of the State of 

Wisconsin.

4. This is an action of civil nature over which this court has original jurisdiction 

pursuant to 28 USC § 1332(a), in that it is a suit for declaratory relief where the 

amount in controversy exceeds the sum of $75,000 exclusive of interest and costs 

and is between citizens of different states. 

5. This notice is signed pursuant to FRCP 11.

DATED this 11th day of August, 2015.

By: ____________________________

Patrick J. Kurkoski, OSB # 973083

 Attorney at Law

 11850 SW 67th Ave., Ste 160

 Portland, OR 97223

 Telephone: 503-403-1880, ext. 53645

 Facsimile: 877-822-9631

pkurkosk@amfam.com

(503) 403-1880, ext. 53645

Attorney for Defendant

Page 2 - DEFENDANT’S NOTICE OF REMOVAL

Patrick J. Kurkoski, OSB # 973083

11850 SW 67th Ave., Ste. 160, Portland, OR 97223

(503) 403-1880, ext. 53645

American Family Mutual Insurance Company

Case 2:15-cv-01512-SU Document 1 Filed 08/11/15 Page 2 of 3
Certificate of Service

I hereby certify that I served the foregoing DEFENDANT’S NOTICE OF 

REMOVAL on the following parties:

Max S. Taggart, II

Taggart & Taggart

399 S Oregon St

Ontario, OR 97914

Attorney for Plaintiffs

By mailing a correct copy to said parties at the referenced address on the date 

stated below.

DATED this 11th day of August, 2015.

By: ____________________________

Patrick J. Kurkoski, OSB # 973083

 Attorney at Law

 11850 SW 67th Ave., Ste 160

 Portland, OR 97223

 Telephone: 503-403-1880, ext. 53645

 Facsimile: 877-822-9631

pkurkosk@amfam.com

(503) 403-1880, ext. 53645

Attorney for Defendant

Page 3 - DEFENDANT’S NOTICE OF REMOVAL

Patrick J. Kurkoski, OSB # 973083

11850 SW 67th Ave., Ste. 160, Portland, OR 97223

(503) 403-1880, ext. 53645

American Family Mutual Insurance Company

Case 2:15-cv-01512-SU Document 1 Filed 08/11/15 Page 3 of 3