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 

MARCUS AND JERALI BLACKMON, 

Plaintiffs, 

v. 

WEST AMERICAN INSURANCE 

COMPANY, an Indiana corporation, 

Defendant. 

Civil No.: 3:14-cv-01573 

NOTICE OF REMOVAL 

TO: Clerk of the Court, 

AND TO: Marcus and Jerali Blackmon; and 

AND TO: Fred Millard and Douglas Bragg, Millard & Bragg, Attorneys for 

 Plaintiff 

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

West American Insurance Company (“Defendant”) removes to this Court the state court 

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

Case 3:14-cv-01573-BR Document 1 Filed 10/06/14 Page 1 of 4
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 June 6, 2014, Plaintiffs Marcus and Jerali Blackmon (“Plaintiffs”) filed an 

action in the Circuit Court of the State of Oregon for the County of Clackamas captioned 

Marcus and Jerali Blackmon v. Safeco Insurance Company of America, Liberty Northwest 

Insurance Corporation, and Liberty Mutual Group, Inc., Case No. 14060186 (the “State 

Court Action”). 

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

3. The original defendants in the State Court Action were Safeco Insurance 

Company of America, Liberty Northwest Insurance Corporation, and Liberty Mutual Group, 

Inc. 

4. Liberty Northwest Insurance Corporation is an Oregon corporation with its 

principal place of business in Oregon. At the time of the filing of the original Complaint in 

the State Court Action, no diversity jurisdiction existed. 

5. On September 12, 2014, Defendant was served by mailing with Plaintiffs’ 

First Amended Complaint in the State Court Action. The First Amended Complaint named 

West American Insurance Company as the sole Defendant in the action. 

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

of the First Amended Complaint upon it. Thus, under 28 U.S.C. § 1446(b)(3), Defendant’s 

time to remove and to respond to the First Amended Complaint has not yet expired. 

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

Parties and the Requisite Amount in Controversy. 

7. 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. 

8. Plaintiffs are citizens of the state of Oregon. 

9. Defendant is an Indiana corporation, with its principal place of business in the 

State of Massachusetts. 

Case 3:14-cv-01573-BR Document 1 Filed 10/06/14 Page 2 of 4
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

NOTICE OF REMOVAL

Page 3

10. Plaintiff’s First Amended Complaint seeks damages in the amount of 

$167,183.00 for Count 1, $167,183.00 for Count 2, and $340,000 for Count 3. As required 

by 28 U.S.C. § 1332, the amount in controversy, excluding costs and interest, is in excess of 

$75,000. 

B. Venue. 

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

because Plaintiff alleges in the First Amended Complaint that the property loss occurred at 

16215 SE Bluff Road, Sandy, Oregon, 97055. Pursuant to LR 3-2, the Portland Division is 

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

County. 

C. Procedure After Removal. 

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

the summons and original Complaint and the First Amended 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. 

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

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

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

/ / / 

/ / / 

/ / / 

/ / / 

/ / / 

/ / / 

Case 3:14-cv-01573-BR Document 1 Filed 10/06/14 Page 3 of 4
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

NOTICE OF REMOVAL

Page 4

14. 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: October 6, 2014 

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 

15236804.1 

Case 3:14-cv-01573-BR Document 1 Filed 10/06/14 Page 4 of 4