Page 1 - NOTICE OF REMOVAL OF ACTION UNDER 28 

U.S.C. §§ 1332, 1441, AND 1446 (DIVERSITY OF 

CITIZENSHIP)

SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center 1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981 Fax: 503.796.2900

PDX\119261\161502\JED\17244997.1

Jeffrey D. Hern, OSB #043138

Email: jhern@schwabe.com

Schwabe, Williamson & Wyatt, P.C.

Pacwest Center

1211 SW Fifth Avenue, Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Facsimile: 503.796.2900

Of Attorneys for Defendant Berkshire

Life Insurance Company of America

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

JOHN BELKNAP,

Plaintiff,

v.

BERKSHIRE LIFE INSURANCE 

COMPANY OF AMERICA, 

Defendant.

No. __________

NOTICE OF REMOVAL OF ACTION 

UNDER 28 U.S.C. §§ 1332, 1441, AND 1446 

(DIVERSITY OF CITIZENSHIP)

DEMAND FOR JURY TRIAL

Defendant Berkshire Life Insurance Company of America (“Berkshire” or “Removing 

Defendant”), by and through its undersigned counsel, removes this action from the Circuit Court of 

the State of Oregon, County of Wasco, where it is currently pending, to the United States District 

Court for the District of Oregon pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. As addressed 

Case 3:15-cv-02377-PK Document 1 Filed 12/22/15 Page 1 of 5
Page 2 - NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §§ 

1332, 1441, AND 1446 (DIVERSITY OF CITIZENSHIP)

SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\119261\161502\JED\17244997.1

below, diversity jurisdiction exists in this action. See U.S.C. § 1332(a). In support of this removal, 

Removing Defendant states as follows: 

I. INTRODUCTION AND BACKGROUND.

1. On or about November 12, 2015, Plaintiff filed a Complaint (“Complaint”) captioned 

John Belknap v. Berkshire Life Insurance Company of America, Case No. 15CV30761, in the Circuit 

Court for the State of Oregon for the County of Wasco. (See Compl., attached hereto as part of 

Exhibit A.) Plaintiff alleges Berkshire wrongly terminated his disability benefits under Policy Nos. 

Z0148340 and Z1743940 in November 2013 and has suffered monetary damages as a result of said 

termination.

2. As more fully set forth below, this case is properly removed to this Court under 28 

U.S.C. § 1441 because (1) Removing Defendant has satisfied the procedural requirements for 

removal and (2) this Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1332 

and 1441.

II. REMOVING DEFENDANT HAS SATISFIED THE PROCEDURAL

REQUIREMENTS FOR REMOVAL

1. Removal is timely pursuant to 28 U.S.C. § 1446(b) because less than thirty (30) days 

have passed since service of the Complaint on the Removing Defendant.1 

2. Pursuant to 28 U.S.C. § 117 and LR 3-2(a)(3), the United States District Court for the 

District of Oregon, Portland Division, is the federal judicial district and division encompassing the 

Circuit Court of the State of Oregon, County of Wasco, where this lawsuit was originally filed. 

Venue is thus proper because this is the “district and division embracing the place where such action 

is pending.” See 28 U.S.C. § 1441(a).

3. As required by 28 U.S.C. § 1446(a), Removing Defendant attaches a copy of all 

 

1 Subject to and without waiving its right to assert any defenses as to service, the Removing 

Defendant acknowledges that Plaintiff attempted service on it on or around November 23, 2015. As 

such, removal is timely for purposes herein. 

Case 3:15-cv-02377-PK Document 1 Filed 12/22/15 Page 2 of 5
Page 3 - NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §§ 

1332, 1441, AND 1446 (DIVERSITY OF CITIZENSHIP)

SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\119261\161502\JED\17244997.1

process, pleadings, and orders served upon them, including summons and the Complaint, which is 

attached hereto as Exhibit A. 

4. As required by 28 U.S.C. § 1446(d), a copy of this Notice of Removal is being 

promptly served upon counsel for Plaintiff and a copy is being filed with the Clerk of the Circuit 

Court of the State of Oregon, County of Wasco. A true and correct copy of “Defendants’ Notice to 

State Court of Removal of Action Under 28 U.S.C. §§ 1332, 1441, and 1446 (Diversity of 

Citizenship)” filed in the Circuit Court of the State of Oregon, County of Wasco, is attached hereto 

as Exhibit B. 

III. REMOVAL IS PROPER BECAUSE THE COURT HAS SUBJECT MATTER 

JURISDICTION UNDER 28 U.S.C. §§ 1332 AND 1441.

5. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1332 and 1441 because 

this is a civil action in which the amount in controversy exceeds $75,000, exclusive of costs and 

interest, and is between citizens of different states.

A. Complete Diversity of Citizenship Exists Among All Proper Parties. 

6. Upon information and belief, Plaintiff is, and at the time of the filing of the action 

was, a citizen of Oregon. (See Compl. ¶ 1.) 

7. Defendant Berkshire Life Insurance Company of America is, and at the time of the 

filing of the action was, a corporation organized and existing under the laws of the Commonwealth 

of Massachusetts, and having its principal place of business in Massachusetts. Berkshire Life 

Insurance Company of America is therefore a citizen of Massachusetts for purposes of determining 

diversity. See 28 U.S.C. § 1332(c)(1).

8. Accordingly, this action involves “citizens of different States.” 28 U.S.C. 

§ 1332(a)(1)-(2). Because Plaintiff is an Oregon citizen and no defendant properly joined and served 

is a citizen of the State of Oregon, removal of this action is proper under 28 U.S.C. § 1441(b). 

B. The Amount-In-Controversy Requirement Is Satisfied.

9. The amount-in-controversy requirement of 28 U.S.C. § 1332(a) is satisfied by a 

Case 3:15-cv-02377-PK Document 1 Filed 12/22/15 Page 3 of 5
Page 4 - NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §§ 

1332, 1441, AND 1446 (DIVERSITY OF CITIZENSHIP)

SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\119261\161502\JED\17244997.1

preponderance of the evidence based on the nature and extent of the damages alleged in the 

Complaint. See Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699 (9th Cir. 2007); Sanchez v. 

Monumental Life Ins. Co., 102 F.3d 398, 403-04 (9th Cir. 1996). 

10. In this case, it is clear from the face of Plaintiff’s Complaint that the “matter in 

controversy exceeds the sum or value of $75,000, exclusive of interest and costs.” 28 U.S.C. 

§ 1332(a). Plaintiff seeks economic damages in the amount of $168,480.00. (Compl. ¶¶ 25, 28, 

Prayer.) In addition, Plaintiff demands judgment against Berkshire for future economic damages 

and attorney fees. (Compl. ¶¶ 26, 29, Prayer.) 

11. Given the nature and extent of damages alleged by Plaintiff, it is clear from the face 

of the Complaint that the amount-in-controversy is satisfied.

WHEREFORE, Defendant Berkshire Life Insurance Company of America hereby removes 

the above-captioned action from the Circuit Court of the State of Oregon, County of Wasco, to the 

United States District Court for the District of Oregon, Portland Division.

Dated this 22nd day of December, 2015.

Respectfully submitted,

SCHWABE, WILLIAMSON & WYATT, P.C.

By: s/ Jeffrey D. Hern 

Jeffrey D. Hern, OSB #043138

Email: jhern@schwabe.com

Telephone: 503.222.9981

Facsimile: 503.796.2900

Attorneys for Defendant Berkshire Life 

Insurance Company of America

Case 3:15-cv-02377-PK Document 1 Filed 12/22/15 Page 4 of 5
Page 1 - CERTIFICATE OF SERVICE SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\119261\161502\JED\17244997.1

CERTIFICATE OF SERVICE

I hereby certify that on the 22nd day of December, 2015, I caused to be served the 

foregoing NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §§ 1332, 1441, AND 1446 

(DIVERSITY OF CITIZENSHIP) on the following party as follows:

Michael J. Knapp

Attorney at Law

621 S.W. Morrison Street, Suite 900

Portland, OR 97205

Telephone: 503-222-6508

Facsimile: 503-222-6518

Email: mknapp@spiretech.com

Of Attorneys for Plaintiff

Hand Delivery

Facsimile

U.S. Mail

Overnight Courier

Email

electronic service

other (specify) ______________

s/ Jeffrey D. Hern

Jeffrey D. Hern, OSB #043138

Case 3:15-cv-02377-PK Document 1 Filed 12/22/15 Page 5 of 5