Page 1 - Defendants' Notice of Removal of Action Under 28 USC §§ 1331, 1332, 1441, and 

1446 

70063128.4 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

Michelle Barton Smigel, P.C., OSB No. 045530 

michelle.smigel@millernash.com 

Michael Porter, P.C., OSB No. 003560 

mike.porter@millernash.com 

MILLER NASH GRAHAM & DUNN LLP 

3400 U.S. Bancorp Tower 

111 S.W. Fifth Avenue 

Portland, Oregon 97204 

Telephone: 503.224.5858 

Facsimile: 503.224.0155 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

BRANDON AUSTIN, 

Plaintiff, 

v. 

UNIVERSITY OF OREGON; SANDY 

WEINTRAUB; CHICORA MARTIN; 

ROBIN HOLMES; and MICHAEL R. 

GOTTFREDSON, all in their individual 

capacities only, 

Defendants. 

Case No. 6:15-cv-2257 

DEFENDANTS' NOTICE OF REMOVAL OF 

ACTION UNDER 28 USC §§ 1331, 1332, 

1441, AND 1446 

(FEDERAL QUESTION AND DIVERSITY) 

(Lane County Circuit Court 

 Case No.15CV29383) 

Case 6:15-cv-02257-MC Document 1 Filed 12/02/15 Page 1 of 5
 

Page 2 - 

70063128.4

Defendants' Notice of Removal of Action Under 28 USC §§ 1331, 1332, 1441, and 

1446 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

TO: THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT 

OF OREGON, EUGENE DIVISION 

In accordance with 28 USC §§ 1331, 1332, 1441, and 1446, defendant University 

of Oregon (the "University") and individual defendants Sandy Weintraub, Chicora Martin, Robin 

Holmes, and Michael R. Gottfredson (collectively, "Individual Defendants" and together with the 

University, "Defendants"), by and through their counsel, hereby give notice of removal of the 

action entitled Brandon Austin v. University of Oregon, et al., Case No. 15CV29383, pending in 

the Circuit Court of the State of Oregon for the County of Lane, to the United States District 

Court for the District of Oregon, Eugene Division. All Defendants join in this removal. 

BASIS FOR REMOVAL 

1. On or about October 29, 2015, Plaintiff filed a complaint in which he 

asserted a claim against the Individual Defendants under 42 USC § 1983, as well as several 

Oregon common-law claims against all Defendants and one Oregon common-law claim against 

the University. 

3. On November 4, 2015, Plaintiff served the summons and complaint on 

Individual Defendants Weintraub and Holmes. On November 11, 2015, Plaintiff served the 

summons and complaint on Individual Defendant Martin. On November 16, 2015, defense 

counsel accepted service of summons and complaint on behalf of the University and 

Individual Defendant Gottfredson. Copies of all process, pleadings, and orders served on 

Defendants are attached to this notice as Exhibit 1. Defendants have taken no action in the 

Circuit Court of the State of Oregon for the County of Lane that would prejudice their right to 

removal. 

Case 6:15-cv-02257-MC Document 1 Filed 12/02/15 Page 2 of 5
 

Page 3 - 

70063128.4

Defendants' Notice of Removal of Action Under 28 USC §§ 1331, 1332, 1441, and 

1446 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

4. In accordance with 28 USC § 1446, this Notice of Removal is timely filed 

within 30 days after service of the initial pleadings on Defendants. 

5. This action is one over which this court has original jurisdiction under 

28 USC § 1331 because this court has federal question jurisdiction over Plaintiff's claim under 

42 USC § 1983. Thus, this action is removable under 28 USC § 1441. Plaintiff's other claims 

are so related to the claim within this court's original jurisdiction that they form part of the same 

case or controversy and this court may exercise supplemental jurisdiction over the other claims 

in accordance with 28 USC § 1367. 

6. This court also has original jurisdiction over all of Plaintiff's claims in this 

action under 28 USC § 1332. Complete diversity exists between the parties: Plaintiff is not a 

citizen of Oregon or California and he is either a citizen of Pennsylvania or Florida; the 

University and Individual Defendants Weintraub and Holmes are citizens of Oregon; and 

Individual Defendants Martin and Gottfredson are citizens of California. Plaintiff's complaint 

alleges damages that exceed the $75,000 jurisdictional amount. Thus, this action is removable 

under 28 USC § 1441. 

7. This action may be removed by Defendants to this court under the 

provisions of 28 USC § 1441, according to the procedure in 28 USC § 1446. All Defendants join 

this removal. 

8. Promptly after filing this Notice of Removal, Defendants will serve a copy 

upon Plaintiff and will file a copy with the Clerk of the Circuit Court for Lane County, Oregon. 

//// 

Case 6:15-cv-02257-MC Document 1 Filed 12/02/15 Page 3 of 5
 

Page 4 - 

70063128.4

Defendants' Notice of Removal of Action Under 28 USC §§ 1331, 1332, 1441, and 

1446 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

WHEREFORE, Defendants remove the above-entitled action now pending in the 

Circuit Court of the State of Oregon for the County of Lane, to the United States District Court 

for the District of Oregon. 

DATED this 2nd day of December, 2015. 

MILLER NASH GRAHAM & DUNN LLP 

/s/ Michelle Barton Smigel 

Michelle Barton Smigel, P.C., OSB No. 045530 

michelle.smigel@millernash.com 

Michael Porter, P.C., OSB No. 003560 

mike.porter@millernash.com 

Phone: 503.224.5858 

Fax:: 503.224.0155 

Attorneys for Defendants University of Oregon, 

Sandy Weintraub, Chicora Martin, Robin Holmes 

and Michael R. Gottfredson

Case 6:15-cv-02257-MC Document 1 Filed 12/02/15 Page 4 of 5
 

Page 1 - Certificate of Service 

70063128.4 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: (503) 224-5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204-3699

I hereby certify that I served the foregoing Defendants' Notice of Removal of 

Action Under 28 USC §§ 1331, 1332, 1441, and 1446 (Federal Question and Diversity) on: 

Ms. Marianne Dugan 

259 East 5th Avenue, Suite 200-D 

Eugene, Oregon 97401 

Fax: (866) 650-5213 

E-mail: mdugan@mdugan.com 

Attorneys for Plaintiff Brandon Austin

by the following indicated method or methods on the date set forth below: 

 CM/ECF system transmission. 

 E-mail. (Courtesy copy.) 

 Facsimile communication device.

 First-class mail, postage prepaid.

 Hand-delivery.

 Overnight courier, delivery prepaid.

DATED this 2nd day of December, 2015. 

/s/Michelle Barton Smigel 

Michelle Barton Smigel, OSB No. 045530 

Of Attorneys for Defendants University of 

Oregon, Sandy Weintraub, Chicora Martin, 

Robin Holmes, and Michael R. Gottfredson 

Case 6:15-cv-02257-MC Document 1 Filed 12/02/15 Page 5 of 5