Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

NOTICE OF REMOVAL OF CIVIL ACTION

Page 1

Ronald J. Clark, OSB #880328 

E-Mail: ron.clark@bullivant.com 

Matthew E. Hedberg, OSB #081958 

E-Mail: matt.hedberg@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 Indemnity Insurance 

Company of North America 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PENDLETON DIVISION 

ANTHONY and KIMBERLY HILTON,

Plaintiffs, 

v. 

INDEMNITY INSURANCE COMPANY 

OF NORTH AMERICA, 

Defendant. 

Civil No.: ________ 

NOTICE OF REMOVAL OF CIVIL 

ACTION 

Union County Circuit Court Case No. 16-

01-50190

PLEASE TAKE NOTICE that pursuant to 28 U.S.C. § 1332, 28 U.S.C. § 1441(b), 

and 28 U.S.C. § 1446, defendant Indemnity Insurance Company of North America files its 

Notice of Removal on the following grounds: 

1. Defendant is named in a civil action filed in the Circuit Court for the State of 

Oregon, for the County of Union, entitled Anthony and Kimberly Hilton v. Indemnity 

Case 2:16-cv-00301-SU Document 1 Filed 02/17/16 Page 1 of 3
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

NOTICE OF REMOVAL OF CIVIL ACTION

Page 2

Insurance Company of North America, Case No. 16-01-50190. Defendant is a Pennsylvania 

corporation with its principal place of business in Pennsylvania. 

2. The state court action commenced when plaintiffs’ Complaint was filed with 

the Court Clerk of Union County, Oregon, on or about January 11, 2016. Defendant first had 

notice of the lawsuit on January 22, 2016. Service of the Summons and Complaint on 

defendant was completed on January 22, 2016. This Removal petition is timely, in that it is 

being filed within 30 days of the filing and service of the Summons and Complaint. 

3. The following pleadings constitute all of the process, pleadings, and orders 

received by defendants in this action to date: The Summons and Complaint, true copies of 

which are attached as Exhibit A. 

4. The controversy between plaintiffs and defendant is a controversy between 

citizens of different states. Plaintiffs Anthony and Kimberly Hilton are Oregon residents, 

whereas defendant is a Pennsylvania corporation with its principal place of business in 

Pennsylvania. 

5. The above-entitled action is a civil action alleging breaches of contract 

sustained by plaintiffs due to property damage which occurred on April 15, 2015. In this 

action, plaintiffs seek an award of economic damages in the amount of $109,105.30, and 

attorney fees and costs. 

6. Thus the amount in controversy in this matter exceeds $75,000, exclusive of 

interest and costs, and is one where complete diversity exists between the plaintiffs and the 

defendant. 

7. This is a civil action over which this Court has original jurisdiction pursuant to 

28 U.S.C. § 1332, and the action is removal pursuant to 28 U.S.C. § 1446(b). 

Case 2:16-cv-00301-SU Document 1 Filed 02/17/16 Page 2 of 3
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

NOTICE OF REMOVAL OF CIVIL ACTION

Page 3

8. Defendant is currently filing a Notice to state court of Removal to Federal 

Court with the Clerk of the Union County Circuit Court, in accordance with 28 U.S.C. § 

1446(d). 

DATED: February 17, 2016 

BULLIVANT HOUSER BAILEY PC 

By s/ Matthew E. Hedberg

Ronald J. Clark, OSB #880328 

E-Mail: ron.clark@bullivant.com 

Matthew E. Hedberg, OSB #081958 

E-Mail: matt.hedberg@bullivant.com 

Telephone: 503.228.6351 

Attorneys for Defendant Indemnity Insurance Company 

of North America 

15892074.1 

Case 2:16-cv-00301-SU Document 1 Filed 02/17/16 Page 3 of 3