PAGE 1 - NOTICE OF REMOVAL TO UNITED STATES 

DISTRICT COURT DISTRICT OF OREGON

MCKELVEY KOZUMA P.C.

ATTORNEYS AT LAW

4415 NE SANDY BLVD, STE 202

PORTLAND, OR 97213

503.206.8122

Lowell P. McKelvey, OSB No. 993200

Email: lowell@mckelveykozuma.com

S. Kenji Kozuma, OSB No. 954806

Email: kenji@mckelveykozuma.com

McKelvey Kozuma, P.C.

4415 NE Sandy Blvd., Suite 202

Portland, OR 97213

Telephone: 503.206.8122

Facsimile: 503.477.9132

Attorneys for American Family Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION

JULIE WELLBROCK, individually and as 

conservator for the Estate of Luke Wellbrock, 

her minor son,

 Plaintiffs,

vs.

AMERICAN FAMILY MUTUAL 

INSURANCE COMPANY, 

 Defendant.

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Case No.: __________

NOTICE OF REMOVAL TO UNITED 

STATES DISTRICT COURT OF 

OREGON, PORTLAND DIVISION

TO: The Judge and Clerks of the United States District Court for the State of Oregon 

and to Plaintiffs Julie Wellbrock and the Estate of Luke Wellbrock, and their attorney, 

Gary G. Norris

Defendant American Family Mutual Insurance Company (“American Family”) hereby 

gives notice that this action is removed to this Court from the Circuit Court of the State of 

Oregon in the County of Multnomah. Pursuant to 28 U.S.C. § 1441(b) and § 1446(a), the 

grounds for removal are as follows: 

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Case 3:15-cv-00106-PK Document 1 Filed 01/21/15 Page 1 of 4
PAGE 2 - NOTICE OF REMOVAL TO UNITED STATES 

DISTRICT COURT DISTRICT OF OREGON

MCKELVEY KOZUMA P.C.

ATTORNEYS AT LAW

4415 NE SANDY BLVD, STE 202

PORTLAND, OR 97213

503.206.8122

PROCEDURAL POSTURE

1. American Family is the defendant in a civil action filed on December 22, 2014, in the 

Circuit Court of the State of Oregon in the County of Multnomah, Case No. 14CV20039, entitled 

Julie Wellbrook, individiually and as conservator for the Estate of Luke Wellbrock, her minor 

son, v American Family Mutual Insurance Company. 

2. Service of the Summons and Complaint was made upon American Family on 

December 22, 2014 at Corporation Service Company, Registered Agent, 285 Liberty St. NE, 

Salem, OR 97301, and on December 23, 2014, by certified mail with return receipt signed by 

Sharon Walls for American Family.

3. The complaint is the initial pleading setting forth the claim upon which the action is 

based, and American Family first received a copy of it on December 22, 2014. Thirty (30) days 

after such first receipt of service by defendant has not yet expired. The Notice of Removal is 

therefore timely filed under 28 U.S.C. § 1441(b).

4. Attached to the Notice as Exhibit “A” are true and correct copies of all pleadings 

served upon American Family. 

5. The amount in controversy is $1,470,000.00.

6. This is a declaratory judgment action filed by an Oregon resident against a Wisconsin

corporation. 

DIVERSITY JURISDICTION EXISTS

7. The action is a civil action which falls under this court’s original jurisdiction pursuant 

to 28 U.S.C. § 1332 (diversity of citizenship with an amount in controversy exceeding the 

required minimum), and is one which may be removed to this court by defendant pursuant to the 

provisions of 28 U.S.C. § 1441(b).

8. At all times material herein, plaintiffs and defendant were and are citizens of different 

states. 

Case 3:15-cv-00106-PK Document 1 Filed 01/21/15 Page 2 of 4
PAGE 3 - NOTICE OF REMOVAL TO UNITED STATES 

DISTRICT COURT DISTRICT OF OREGON

MCKELVEY KOZUMA P.C.

ATTORNEYS AT LAW

4415 NE SANDY BLVD, STE 202

PORTLAND, OR 97213

503.206.8122

9. Venue of this removal action is proper pursuant to 28 U.S.C. § 1441(a) because this 

court is the United States District Court for the district embracing the place wherein the state 

court action was pending. 

10. A copy of this Notice of Removal is being filed with the Clerk of the Circuit Court of 

the State of Oregon for the County of Multnomah pursuant to 28 U.S.C. § 1446(d). 

11. American Family is providing written notice to plaintiff pursuant to 28 U.S.C. § 

1446(d).

12. American Family reserves the right to amend or supplement this Notice of Removal.

WHEREFORE, American Family hereby requests that this action now pending against it 

in the Circuit Court of the State of Oregon, County of Multnomah, be removed to this Court. 

Dated this 20th day of January, 2015.

MCKELVEY KOZUMA, P.C.

s/Lowell P. McKelvey

By ______________________________________

Lowell P. McKelvey, OSB No. 993200

Email: lowell@mckelveykozuma.com

S. Kenji Kozuma, OSB No. 954806

Email: kenji@mckelveykozuma.com 

 Attorneys for Defendant American Family 

 Insurance Company

Case 3:15-cv-00106-PK Document 1 Filed 01/21/15 Page 3 of 4
PAGE 1 - CERTIFICATE OF SERVICE

MCKELVEY KOZUMA P.C.

ATTORNEYS AT LAW

4415 NE SANDY BLVD, STE 202

PORTLAND, OR 97213

503.206.8122

CERTIFICATE OF SERVICE

I hereby certify that I served a true copy of the foregoing NOTICE OF REMOVAL TO 

UNITED STATES DISTRICT COURT OF OREGON, PORTLAND DIVISION on the 

following party, on the date noted below, via the following method:

Gary G. Norris

Law Office of Gary G. Norris

1006 NE 3rd Street

Suite A

McMinnville, OR 97128

 Attorney for Plaintiff

Method: US Mail, postage prepaid

Facsimile

Hand Delivery

Overnight Delivery

Email

DATED this 20th day of January, 2015.

MCKELVEY KOZUMA, P.C.

s/Lowell P. McKelvey

By ______________________________________

Lowell P. McKelvey, OSB No. 993200

Email: lowell@mckelveykozuma.com

S. Kenji Kozuma, OSB No. 954806

Email: kenji@mckelveykozuma.com 

 Attorneys for Defendant American Family 

 Insurance Company

Case 3:15-cv-00106-PK Document 1 Filed 01/21/15 Page 4 of 4