Page 1 - NOTICE OF REMOVAL OF CIVIL ACTION Williams, Kastner & Gibbs PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Telephone: (503) 228-7967• Fax (503) 222-7261

5402429.1

David J. Ryan, OSB #953996

dryan@williamskastner.com

Eric J. Neiman, OSB #823513

eneiman@williamskastner.com

WILLIAMS, KASTNER & GIBBS PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Phone: (503) 228-7967

Fax: (503) 222-7261

Attorneys for Defendant

Saint Alphonsus Regional Medical Center

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

HAL BROWN and JUDY BROWN, husband and

wife,

Plaintiffs,

v.

SAINT ALPHONSUS REGIONAL MEDICAL

CENTER, INC., an Idaho corporation,

MATTHEW JUDD, D.O., an individual, and

IDAHO EMERGENCY PHYSICIANS, P.A., and

Idaho corporation,

Defendants.

Case No.: _________

Multnomah County Circuit Court

Case No. 15CV08648

NOTICE OF REMOVAL OF

CIVIL ACTION

PLEASE TAKE NOTICE THAT, pursuant to 28 U.S.C. §§ 1332, 1441(a), and 1446,

defendant Saint Alphonsus Regional Medical Center, Inc. (“Saint Alphonsus”), hereby removes

the state court action described herein to the United States District Court for the District of

Oregon – Portland Division. Saint Alphonsus files this notice of removal of civil action without

waiving any defenses, exceptions, or obligations that may exist in its favor in state or federal

court.

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 1 of 11
Page 2 - NOTICE OF REMOVAL OF CIVIL ACTION Williams, Kastner & Gibbs PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Telephone: (503) 228-7967• Fax (503) 222-7261

5402429.1

THE REMOVED ACTION

1.

On or about April 8, 3015, plaintiffs filed this action in the Circuit Court of the State of

Oregon for the County of Multnomah as Case No. 15CV08648.

2.

On April 10, 2015, Saint Alphonsus received copies of plaintiffs’ complaint and a

summons directed to codefendant Dr. Judd.

PAPERS FROM REMOVED ACTION

3.

Pursuant to 28 U.S.C. § 1446(a), true and correct copies of all process, pleadings, and

orders received by Saint Alphonsus accompany this notice of removal, as follows: (a) summons

to Dr. Judd, and (b) complaint. No other pleadings or orders have been received by or served by

Saint Alphonsus in the underlying case.

REMOVAL IS TIMELY

4.

This notice of removal is filed within 30 days of receipt by Saint Alphonsus of a copy

of the initial pleading setting forth plaintiffs’ claim for relief, and therefore removal is timely

under 28 U.S.C. § 1446(b).

VENUE

5.

The Circuit Court of the State of Oregon for the County of Multnomah is located within

the Portland Division of the District of Oregon. Under 28 U.S.C. § 1441(a), venue for this

removed action is proper in the District of Oregon – Portland Division, in accordance with

28 U.S.C. § 117 and LR 3-2(a)(1), because the notice of removal is filed in the district and

division where the removed state court action is currently pending.

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 2 of 11
Page 3 - NOTICE OF REMOVAL OF CIVIL ACTION Williams, Kastner & Gibbs PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Telephone: (503) 228-7967• Fax (503) 222-7261

5402429.1

DIVERSITY OF CITIZENSHIP

6.

Plaintiffs’ complaint alleges a civil action for medical negligence that falls within the

court’s original jurisdiction pursuant to 28 U.S.C. § 1332 (diversity of citizenship) and the

action is one that may be removed to this Court based on diversity of citizenship under

28 U.S.C. §§ 1441 and 1446.

7.

Upon information and belief, at the time plaintiffs commenced this action, and at the

time of this notice of removal, plaintiffs were individual residents of the State of Oregon.

8.

Removing defendant Saint Alphonsus is currently, and was at the time plaintiffs filed

this action, an Idaho nonprofit corporation, with its principal place of business in Boise, Idaho.

At all material times, Saint Alphonsus was authorized to conduct business in the State of

Oregon as a foreign nonprofit corporation.

9.

At all material times, codefendant Idaho Emergency Physicians, PA, (“IEP”) was an

Idaho corporation, with its principal place of business in Meridian, Idaho, which did no

business in Oregon and had no contacts with the State of Oregon. At all material times,

codefendant Matthew Judd, DO, was an individual residing in the State of Idaho, whose

medical practice was limited to Idaho, and who had no contacts with the State of Oregon.

10.

Neither IEP nor Dr. Judd has been properly served with summons and complaint in this

matter. For the purpose of this removal, their consent is unnecessary because they are unserved

and because the state and federal courts in Oregon lack personal jurisdiction over them, so they

are fraudulently joined as defendants.

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 3 of 11
Page 4 - NOTICE OF REMOVAL OF CIVIL ACTION Williams, Kastner & Gibbs PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Telephone: (503) 228-7967• Fax (503) 222-7261

5402429.1

11.

The amount in controversy is $7,000,000.00, exclusive of interest and costs.

12.

Plaintiffs and defendants are citizens of different states. The amount in controversy,

exclusive of interest or costs, exceeds the sum specified in 28 U.S.C. § 1332. Jurisdiction is

proper in this court under 28 U.S.C. § 1332, based on diversity of citizenship.

FILING OF REMOVAL PAPERS

13.

Pursuant to 28 U.S.C. § 1446(d), a copy of this Notice of Removal of Civil Action is

being served upon counsel for plaintiffs, and a copy is being filed with the clerk of the Circuit

Court of the State of Oregon for the County of Multnomah.

* * * * *

WHEREFORE, defendant Saint Alphonsus Regional Medical Center removes this civil

action from the Circuit Court of the State of Oregon for the County of Multnomah and requests

that all further proceedings be conducted in this Court.

DATED this 28th day of April, 2015. WILLIAMS, KASTNER & GIBBS PLLC

By s/ David J. Ryan

David J. Ryan, OSB #953996

Eric J. Neiman, OSB #823513

Phone: (503) 228-7967

Fax: (503) 222-7261

Email: dryan@williamskastner.com

eneiman@williamskastner.com

Attorneys for Defendant Saint Alphonsus

Regional Medical Center, Inc.

Trial Attorneys:

David J. Ryan, OSB #953996

Eric J. Neiman, OSB #823513

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 4 of 11
STATE OF OREGON, County of Multnomah) ss. 

I, the undersigned attorney of record for the plaintiff, certify that t 

summons in the above-entitled action. 

t. nd complete copy of the original 

Attorney for Plaintiff(s) 

DEPT. OF 

IN THE CIRCUIT COURT OF THE STATE OF O'REC41;t------ t SK MANAGEMENT 

FOR THE COUNTY OF MULTNOMAH 

HAL BROWN and JUDY BROWN, husband and wife, ) 

Plaintiff(s), ) 

) 

vs. ) SUMMONS 

) 

SAINT ALPIIONSUS REGIONAL MEDICAL CENTER,) Case No. 15CV08648 

INC., an Idaho Corporation; MATTHEW JUDD, D.O., ) 

an individual; and IDAHO EMERGENCY PHYSICIANS, ) 

P.A., an Idaho Corporation, ) 

) 

Defendant(s 

TO: Matthew Thomas Judd, D.O. 

2963 East Copper Point Drive 

Meridian, ID 83642 

You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) 

days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plaintiff(s) will apply to 

the court for the relief demanded in the complaint. 

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! ( ‘e9 evc 11930-ro 

You must "appear" in this case or the other Name: Thomas D'Amore, OSB #922735 

side will win automatically. To 'appear" you must file Address: 4230 Galewood Street, Suite 200 

with the court a legal paper called a "motion" or "answer." Lake Oswego, OR 97035 

The "motion" or "answer" must be given to the court clerk Telephone: (503) 222-6333 

or administrator within 30 days along with the required Trial Attorney: Thomas D'Amore, OSB #922735 

filing fee. It must be in proper form and have proof of 

service on the plaintiff's attorney or, if the plaintiff does 

not have an attorney, proof of service on the plaintiff. 

If you have any questions, you should see an attorney 

immediately. If you need help in finding an attorney, you 

may contact the Oregon State Bar's Lawyer Referral Service 

online at ww1v.oregonstatebar.oig or by calling (503) 684-3763 

in the Portland metropolitan area or toll free elsewhere 

in Oregon at (800) 452-7636. 

Attorney of Record For Plaintiff(s) 

TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS: You are hereby directed to serve a true copy of this 

summons, together with a true copy of the complaint mentioned therein, upon the individual(s) or other legal entity(ies) to whom or 

which this sununons is directed, and to make your proof of service on the reverse hereof or upon a separate similar document which 

you shall attach hereto. 

(60108185;1) 

1 - Summons VA HON. 

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 5 of 11
4/8/2015 2:22:42 PM 

15CV08648 

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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

HAL BROWN an JUDY BROWN, husband) Case No. 15CV0 864 8 

and wife, ) 

) COMPLAINT 

Plaintiffs, ) (Medical Negligence) 

) 

) CLAIM NOT SUBJECT TO 

) MANDATORY ARBITRATION 

SAINT ALPHONSUS REGIONAL ) (Pursuant to UTCR 13.060) 

MEDICAL CENTER, INC., an Idaho ) 

Corporation; MATTHEW JUDD, D.O., an ) Jury Trial Requested 

individual; and IDAHO EMERGENCY 

PHYSICIANS, PA., an Idaho Corporation, ) PRAYER: $7,000,000 

) 

Defendants. ) 

COMMON ALLEGATIONS 

1. 

At all material times, Mal Brown and Judy Brown were married and residents of 

Oregon. 

PAGE 1 OF 5 — COMPLAINT 

FAME =claInvogits:..4200. 

LAW MO (303) 2224333 

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 6 of 11
2. 

At all material times, Nicholas Okon, D.O. ("Dr. Okon") was a physician licensed 

and practicing in the State of Oregon, holding himself out as a qualified and certified 

neurologist specializing in stroke. Dr. Okon is a resident of Multnomah County. Hal Brown 

was a patient of Dr. Okon and relied upon him to provide competent and complete medical 

and diagnostic care and services in Oregon through a telemedicine examination at Saint 

Alphonsus Regional Medical Center, Inc. ("St. Alphonsus" in Idaho. 

3. 

At all material times, Northwest Stroke Solutions, PLLC ("NW Stroke") was a 

Montana corporation with sustained, continuous business activity in Multnomah County, 

Oregon. 

4. 

At all material times, Dr. Okon was an agent or apparent agent of NW Stroke acting 

within the course and scope of that agency or apparent agency. 

5. 

At all material times, Saint Alphonsus Regional Medical Center, Inc. ("St. 

Alphonsus") was an Idaho corporation with sustained, continuous business activity and 

licensed to do business in Oregon. 

At all material times, Idaho Emergency Physicians, P.A. ("IEP") was an Idaho 

corporation regularly, consistently and intentionally treating Oregon residents, including Hal 

Brown. 

/// 

PAGE 2 OF 5 — COMPLAINT 

Dyer 4230 Galermod St. 4te. 200 tin lAlle Otsego. OR 97033 

LAI 61011 (5031222-6333 

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Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 7 of 11
7. 

At all material times, Matthew Judd, D.O. ("Dr. Judd") was a physician licensed and 

practicing in the State of Idaho, holding himself out as a qualified emergency physician, and 

regularly treating Oregon residents. Hal Brown was a patient of Dr. Judd and relied upon him 

to provide competent and complete medical and diagnostic care and services including 

contacting Oregon through a telemedicine examination at Saint Alphonsus Regional Medical 

Center ("St. Alphonsus") in Idaho. 

At all material times, IEP, NW Stroke, Drs. Okon and Judd were agents or apparent 

agents of St. Alphonsus acting within the course and scope of that agency or apparent 

agency. 

FIRST CLAIM FOR RELIEF 

Plaintiffs incorporate herein by reference paragraphs 1 to 8 

10. 

On April 13, 2013, Hal Brown suffers an acute ischemic stroke. Hal Brown presents 

at Saint Alphonsus Regional Medical Center in Idaho. Matthew Judd, DO, examines Hal 

Brown and orders tPA. Before tPA can be administered, Dr. Judd consults with Dr. Okon in 

Oregon. Dr. Okon performs a telemedicine examination of Hal Brown. Dr. Okon stops Dr. 

Judd from administering tPA. As expected, in the absence of tPA, Hal Brown progressively 

declines. In failing to administer tPA, Drs. Okon and Judd failed to use the degree of care, 

skill, and diligence that is used by ordinarily careful physicians. 

/ / / 

PAGE 3 OF 5 — COMPLAINT 

D'AMO 4230 Galevaxid St., Ste. 200 

. 41i4 01wego. 019 703 

LAW illiT (503) 2224333 

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Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 8 of 11
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As a result of Dr. Okon and Judd's violations of the standard of care, Hal Brown 

suffered significant, permanent, and life-altering injuries and damages described more fully 

below. 

5 SECOND CLAIM FOR RELIEF 

6 (Loss of Consortium) 

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8 Plaintiffs incorporate herein by reference paragraphs 1 to 11. 

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10 As a direct result of the negligence of defendants and each of them, Judy Brown has 

11 lost services, society, and companionship of her spouse Hal Brown. 

12 DAMAGES AS TO ALL CLAIMS 

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14 As a direct, proximate, and foreseeable result of the negligent acts and omissions of 

15 Defendants, and each of them, Hal Brown suffered and will suffer economic damages in the 

16 amount of $1,000,000 and noneconomic damages in the amount of $5,000,000. 

17 15. 

18 As a direct, proximate, and foreseeable result of the negligent acts and omissions of 

19 Defendants, and each of them, Judy Brown suffered and will suffer noneconomic damages in 

20 the amount of $1,000,000. 

21 WHEREFORE, Plaintiffs pray for judgment as follows: 

22 1. For Hal Brown, economic damages in the amount of $1,000,000. 

23 2. For Hal Brown, noneconomic damages in the amount of $5,000,000. 

24 PAGE 4 OF 5 — COMPLAINT 

25 iyAmir 42,30 Calrewood St, Ste. 200 

AL Lola Otwego, 0)19703S 

LAW 6 RI!! (SO 22249 33 

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Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 9 of 11
For Judy Brown, noneconomic damages in the amount of $1,000,000. 

For Plaintiffs' costs and disbursements incurred herein; and 

Such other relief as the Court may deem just, proper, and equitable. 

DATED: April 8, 2015. 

/s/ Thomas D'Amore 

Thomas D'Amore, OSB #922735 

Nicholas A. Kahl, OSB #101145 

Attorneys for Plaintiffs 

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Trial Attorney: 

Thomas D'Amore 

D'AMORE LAW GROUP, P.C. 

4230 Galewood St, Suite 200 

Lake Oswego, OR 97035 

Ph: 503-222-6333, F: 503-224-1895 

iyainDr 4230 Gak-wocd St , Sle,200 

111:1UAL Like Oswego. OR,97015 

LAW GROUP (SO31222-6333, 

PAGE 5 OF 5 — COMPLAINT 

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 10 of 11
Page 1 - CERTIFICATE OF SERVICE Williams, Kastner & Gibbs PLLC

888 SW Fifth Avenue, Suite 600

Portland, OR 97204-2025

Telephone: (503) 228-7967 • Fax (503) 222-7261

5416761.1

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CERTIFICATE OF SERVICE

I certify that I served the foregoing NOTICE OF REMOVAL OF CIVIL ACTION on

the following attorneys by the method indicated below on the 28th day of April, 2015:

Attorneys for Plaintiff:

Thomas D’Amore, Esq.

D’Amore Law Group, PC

4230 Galewood Street, Suite 200

Lake Oswego, OR 97035

Phone: 503-222-6333

Fax: 503-224-1895

tom@damorelaw.com

Attorneys for Matthew Judd, D.O. and Idaho

Emergency Physicians, P.A.

Karen O’Kasey

Hart Wagner LLP

1000 SW Broadway, Suite 2000

Portland, OR 97205

Phone: 503-222-4499

Fax: 503-222-2301

kok@hartwagner.com

Portia L. Rauer, Esq.

Powers Tolman Farley, PLLC

345 Bobwhite Ct., #150

Boise, ID 83706

Phone: 208-577-5100

Fax: 208-577-5101

plr@powerstolman.com

Via First Class Mail

Via Federal Express

Via Facsimile

Via Hand-Delivery

 Via E-Mail

 Via ECF Notice

 Via First Class Mail

Via Federal Express

Via Facsimile

Via Hand-Delivery

 Via E-Mail

Via ECF Notice

 Via First Class Mail

Via Federal Express

Via Facsimile

Via Hand-Delivery

 Via E-Mail

Via ECF Notice

WILLIAMS, KASTNER & GIBBS PLLC

By s/ David J. Ryan

David J. Ryan, OSB #953996

Eric J. Neiman, OSB #823513

Attorneys for Saint Alphonsus Regional Medical

Center, Inc.

Case 3:15-cv-00713-BR Document 1 Filed 04/28/15 Page 11 of 11