Joanna R. Brody, OSB No. 102034

brodyj @lanepowell, com

LANE POWELL rc

601. SW Second Avenue, Suite 2100

Portland, Oregon 97204-3158

Attorneys for Defendants

Karsan, Inc. and Sandra Lewis

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

BRIAN EASON,

v~

Plaintiff,

ELMER'S RESTAURANTS, INC., an Oregon

corporation, ELMER'S FRANCHISE

SYSTEMS, INC., an Oregon corporation,

KARSAN, INC., a Washington Corporation,

and SANDRA LEWIS, an individual,

Defendants.

Case No. 15-CV-2335

DEFENDANTS KARSAN, INC. AND

SANDRA LEWIS'S NOTICE OF

REMOVAL

28 U.S.C. §§ 1331, 1441, AND 1446

Multnomah County Circuit Court

Case No. 15CV28990

TO: United States District Court for the District of Oregon; Clerk of the Multnomah County

Circuit Court; plaintiff and plaintiff's counsel, Mark McDougal, Esq.; defendants Elmer's

Restaurants, Inc. and Elmer's Franchise Systems, Inc, and defendants' counsel, Elizabeth

Lampson, Esq.

PLEASE TAKE NOTICE that defendants Karsan, Inc. and Sandra Lewis (collectively,

"defendants") hereby remove to this Court the state court action described below. Removal of

this action is proper based on the following facts:

On or about October 27, 2015, an action was commenced in the Circuit Court of

the State of Oregon for the County of Multnomah, entitled Brian Eason v. Elmer's Restaurant,

Inc, Elmer's Franchise Systems, Inc., Kansan, Inc., and Sandra Lewis, Case No. 15cv28990.

PAGE 1 - DEFENDANTS KARSAN, INC. AND SANDRA LEWIS'S NOTICE OF

REMOVAL

LANE POW ELL rc

601 SW SECOND AVENUE, SUITE 2100

707613.0002/6509440.1 PORTLAND, OREGON 97204-3158

503.7782100 FAX: 503.7782200

Case 3:15-cv-02335-SI Document 2 Filed 12/15/15 Page 1 of 3
Pursuant to 28 U.S.C. § 1446(a), all state court papers in defendants' possession at the time of

removal, consisting of the Summons and Complaint served upon defendant Karsan, Inc. attached

as Exhibit 1, and the Summons and Complaint served upon defendant Sandra Lewis attached as

Exhibit 2, are made part of this notice.

2. This Notice of Removal is timely filed under. 28 U.S.C. ~ 1446(b), which provides

that a notice of removal must be filed within thirty (30) days after a defendant receives, by

service or otherwise, the initial pleading. Defendants were served with the Summons and

Complaint on November 13, 2015. and November 29, 2015, respectively. Defendants received a

copy o:f the Summons and Complaint fewer than thirty (30) days before its filing of this Notice.

3. No further proceedings have been had in the Circuit Court of the State of C?regon

for the County of Multnomah, as of the date of filing of this removal, and defendants have not

otherwise appeared in this matter.

4. Defendants Elmer's Restaurants, Inc. and Elmer's Franchise Systems, InG. have

consented to the removal of this action, and will separately file their Notice of Consent with this

Court.

FEDERAL QUESTION JURISDICTIOI~i

5. In his Complaint, plaintiff claims that defendant violated 42 U.S.C. §1981 and 42

iJ.S.C. §2000a. (Complaint ¶ ¶ 14, 17.) Additionally, plaintiff also alleges a violation of RCWA

49.60.030. Oregon state court has no interest in resolving a dispute involving federal clairns and

a claim brought under a Washington statute, which would involve interpreting Washington law.

Thy cou.i-t should join the federal and state law claims in accordance with 28 U.S.C. §1441(c).

Therefore, p~zrsuant to 28 U.S.C. §§ 1331 and 1441(x) and (c), this matter may be removed io

federal court.

REMOVA.~, TO TIiIS DISTRICT IS PROPER

6. Pursuant to 28 U.S.C.§ § 1331, 1441, and 1446, removal of the above-captioned

state court action to this Court is appropriate.

PAGE 2 - DEFENi~ANTS KARiAN, 1NC. AND SANDRA LEWIS'S N~OTICF, OF

REMOVAL

LANE POWELL rC

601 SW SECOND AVENUE, SUITE 2100

7~J7613.0002/6509440.1 PORTLAND, OREGON 97204-3 1 5 8

503.778.2100 PAX: 503.778.2200

Case 3:15-cv-02335-SI Document 2 Filed 12/15/15 Page 2 of 3
?. Pursuant to 2~ U.S.C.§ 1441(a), removal is made to this Court as the district and

division embracing the place where the state action is pending.

8. Pursuant to 28 U.S.L. § 1446(d), defendants will file a notice of removal with the

clerk of the Circuit Court, T✓Iultnomah County, Oregon, informing the court that this matter has

been removed to federal court. A copy of this Notice of Removal, including all supporting

exhibits, will be attached to defendants' Notice to Adverse Party of Removal to Federal Court

filed with the Circuit Court of the State of Oregon, County of Multnomah. Pursuant to 28 U.S.C.

§ 1446(d), a copy of this Notice of Removal is also being served upon plaintiff's attorney of

record.

9. Based upon the foregoing, this Court has jurisdiction over this matter pursuant to

28 U.S.C. § 1331 and the claims may be removed to this Court under 28 U.S.C. §§ 1141 and

1446.

THEREFORE, this case should proceed in this Count as properly removed.

DATED: December 14, 2015

LANE P~WELL Pc

I:

a. Brody,o. 102034

s r Defen is Karsan, Inc. and Sandra

s

PAGE 3 - DEFENDANTS KARSAN, INC. AND SANDRA LEWIS'S NOTICE OF

REMOVAL

LANE POWEI,LPC

601 SW SECOND AVENUE, SUITE 2100

707613.0002/6509440.1 POKTLAND, OREGON 972043158

503.7782]00 FAX: 503.7782200

Case 3:15-cv-02335-SI Document 2 Filed 12/15/15 Page 3 of 3