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Gordon & Rees LLP

121 SW Morrison Street, Suite 1575

Portland, OR 97204

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AETNA’S NOTICE OF REMOVAL TO FEDERAL COURT

SARAH N. TURNER (SBN: 090430)

GORDON & REES LLP

121 SW Morrison Street, Suite 1575

Portland, OR 97204

Telephone: (503) 222-1075

Facsimile: (503) 616-3600

Attorney for Defendant

AETNA LIFE INSURANCE COMPANY

(erroneously sued as AETNA)

IN THE DISTRICT COURT OF THE STATE OF OREGON

PORTLAND DIVISION

MIROSLAV SOICH

Plaintiff,

vs.

AETNA

Defendant.

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CASE NO.:

Multnomah Case No. 15SC48880

DEFENDANT AETNA LIFE 

INSURANCE COMPANY’S 

NOTICE OF REMOVAL TO 

FEDERAL COURT

TO THE CLERK OF THE ABOVE-ENTITLED COURT:

PLEASE TAKE NOTICE that Defendant AETNA LIFE INSURANCE 

COMPANY (“Defendant”), erroneously sued as AETNA, hereby seeks removal of 

civil case number 15SC48880 from the Circuit Court of the State of Oregon for the 

County of Multnomah Small Claims Department. Removal of this action is proper 

for the following reasons: 

I. TIMELINESS

On or about December 31, 2015 Plaintiff Miroslav Soich (“Plaintiff”) filed 

the civil action titled Miroslav Soich v. Aetna, in the Circuit Court of the State of 

Oregon for the County of Multnomah Small Claims Department. The civil action 

was given Case Number 15SC48880. (Small Claim and Notice of Small Claim

(“Complaint”) attached hereto and marked as Exhibit 1.) Plaintiff sent Aetna the 

Complaint by certified mail postmarked on December 31, 2015. (Declaration of 

Case 3:16-cv-00088-SI Document 1 Filed 01/19/16 Page 1 of 4
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Gordon & Rees LLP

121 SW Morrison Street, Suite 1575

Portland, OR 97204

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AETNA’S NOTICE OF REMOVAL TO FEDERAL COURT

Gina Sparks (“Sparks Decl.”), ¶ 3; see also Exhibit 1, Complaint.) On January 4, 

2016, Aetna received the Complaint. (Sparks Decl. ¶ 3.)

In compliance with 28 U.S.C. §1446(b), Defendant files this Notice of 

Removal with this Court within thirty (30) days after receipt of a copy of the initial 

pleadings from state court and from first learning of the existence of the lawsuit. 

Hence, this Notice of Removal is timely.

II. FEDERAL QUESTION JURISDICTION

This Court has jurisdiction under 28 U.S.C. § 1441 over matters arising 

under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, 

et seq. (“ERISA”). 

Freddie Mac established a self-funded health care expense reimbursement 

plan (the “Plan”) which was administered by Aetna. (Sparks Decl., ¶ 5.) From 

February 1, 2011 through August 1, 2013, Plaintiff was an eligible participant in 

the Plan offered by Freddie Mac. (Sparks Decl., ¶ 5.) The Plan is subject to and 

governed by ERISA. (See Redacted Administrative Services Agreement attached 

hereto and marked as Exhibit 2 at p. 1.) 

This suit arises from a claim by Plaintiff for violation of ERISA as a result 

of Aetna’s denial of her claims for reimbursement for health care expenses under 

the Plan governed by ERISA. (See Exhibit 1, Complaint.) 

Pursuant to section 1132(a)(1)(B) “[a] civil action may be brought – (1) by a 

participant or beneficiary – . . . (B) to recover benefits due to him under the terms 

of his plan, to enforce his rights under the terms of the plan, or to clarify his rights 

to future benefits under the terms of the plan.” 29 U.S.C. §1132(a)(1)(B). This 

action arises under ERISA in that Plaintiff seeks to determine whether Aetna 

violated ERISA in denying her claim for reimbursement under the Plan. (See

Exhibit 1, Complaint.) 

ERISA governs health care expense reimbursement plans offered as part of 

employee benefit plans, such as the Plan in which Plaintiff is a participant. 29 

Case 3:16-cv-00088-SI Document 1 Filed 01/19/16 Page 2 of 4
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Gordon & Rees LLP

121 SW Morrison Street, Suite 1575

Portland, OR 97204

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AETNA’S NOTICE OF REMOVAL TO FEDERAL COURT

U.S.C. § 1003(a)(1). Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 66 (1987). 

Likewise, the enforcement of rights under the plan is subject to and governed by 

ERISA. 29 U.S.C. § 1132(e)(1); Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41 

(1987). Hence, ERISA preempts all of Plaintiff’s purported state-law claims in her

Complaint. Removal of such cases to federal court is proper because the claims 

arise under federal law. Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58 (1987); 

see also, Stuart v. Unum, 217 F.3d 1145 (9th Cir. 2000). 

III. PROCESS

The Complaint, attached hereto and marked as Exhibit 1, is the only 

documents which has been filed in the State Court action. This Notice of Removal 

is being filed without prejudice to Aetna’s objections and defenses. Written notice 

of the filing of this Notice of Removal will be given to all adverse parties and a 

copy will be filed with the Clerk of the Circuit Court of the State of Oregon for the 

County of Multnomah Small Claims Department, in accordance with the 

provisions of 28 U.S.C. § 1446(d).

IV. VENUE

Venue of this case is proper in the District of Oregon Portland Division, 

pursuant to 28 U.S.C. Section 1441(a), which states, in part, “...any civil action 

... may be removed ... to the district court of the United States for the district 

and division embracing the place where such action is pending.” The Circuit 

Court of the State of Oregon for the County of Multnomah Small Claims 

Department is within the jurisdiction of the United States District Court, District 

of Oregon, Portland Division.

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Case 3:16-cv-00088-SI Document 1 Filed 01/19/16 Page 3 of 4
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Gordon & Rees LLP

121 SW Morrison Street, Suite 1575

Portland, OR 97204

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AETNA’S NOTICE OF REMOVAL TO FEDERAL COURT

WHEREFORE, Aetna prays that the above action pending in the Circuit 

Court of the State of Oregon for the County of Multnomah Small Claims 

Department be removed from that court to this Court.

Dated: January 19, 2016 GORDON & REES LLP

By: /s/Sarah N. Turner

Sarah N. Turner

Attorney for Defendant 

AETNA LIFE INSURANCE 

COMPANY (erroneously sued as 

AETNA)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and 

foregoing document was electronically filed with the U.S. District Court on

January 19, 2016. The foregoing document was served on the below via Federal 

Express on January 19, 2016:

Miroslav Soich

Plaintiff

4420 SE Nehalem St

Portland, OR 97206

 /s/Jeanne Perrin

Jeanne Perrin, Legal Assistant

8010120/26360630v.1

Case 3:16-cv-00088-SI Document 1 Filed 01/19/16 Page 4 of 4