DEFENDANT’S NOTICE OF REMOVAL 

 

 - 1 -

. 

121 SW Morrison, Ste. 400

Portland OR 97204

j

John Mansfield, OSB No. 055390

MansfieldLaw

121 SW Morrison Ave., Suite 400

Portland, OR 97204

971.271.8615

john@mansfieldlaw.net

Attorney for Defendant Blue Global LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

IOVATION, INC. a Delaware corporation, 

 Plaintiff, 

v. 

BLUE GLOBAL LLC dba BLUE 

GLOBAL MEDIA, an Arizona limited 

liability company

 Defendant

Case No.: 3:16−cv−16-356

DEFENDANT’S NOTICE OF REMOVAL OF 

ACTION 

28 U.S.C. §1441(b) 

DEMAND FOR JURY TRIAL

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 1 of 14
DEFENDANT’S NOTICE OF REMOVAL 

 

 - 1 -

. 

121 SW Morrison, Ste. 400

Portland OR 97204

j

TO THE CLERK OF THE ABOVE-ENTITLED COURT:

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

LLC (erroneously sued in this action as “Blue Global, LLC”) (“Blue Global”) gives notice of its 

removal of the above-captioned action from the Circuit Court of the State of Oregon, in and for 

the County of Multnomah, to the United States District Court for the District of Oregon.

1. On January 8, 2016, Plaintiff iovation, Inc. (“iovation”) commenced an action in 

the Circuit Court of the State of Oregon, in and for the County of Multnomah, entitled iovation, 

Inc. v. Blue Global, LLC dba Blue Global Media, Case No. 16CV00497 (the “Action”). A copy 

iovation’s complaint from the Action is attached hereto as Exhibit A. A copy of the summons 

from the Action and the proof of service thereof are attached hereto as Exhibit B.

2. Iovation completed service of the complaint and summons on Blue Global on 

January 27, 2016. (See Exhibit B.) Thus, this notice of removal is timely filed pursuant to 28 

U.S.C. §1446(b)(1).

3. The Action is a civil action over which the Court has diversity jurisdiction under 

28 U.S.C. §1332(a)(1) and is one that may be removed to this Court by Blue Global pursuant to 

28 U.S.C. §1441 in that the Action is a civil action brought in a state court of which the district 

courts of the United States have original jurisdiction.

4. The Court has original jurisdiction over this action pursuant to 28 U.S.C. 

§1332(a) in that the Action is between citizens of different states and the matter in controversy 

exceeds the sum of $75,000.

5. Complete diversity of citizenship exists in that plaintiff iovation is incorporated in 

the state of Delaware, with its principal place of business in Portland, Oregon, and defendant

Blue Global is a limited liability company organized in the State of Arizona, whose sole 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 2 of 14
DEFENDANT’S NOTICE OF REMOVAL 

 

 - 2 -

. 

121 SW Morrison, Ste. 400

Portland OR 97204

j

member/owner is a corporation that is incorporated solely in Arizona, and has its principal place 

of business in Arizona. Blue Global is the only defendant in this action. (Compl. ¶¶1-2.)

6. The matter in controversy in the Action exceeds the sum or value of $75,000, 

exclusive of interest and costs, in that iovation seeks at least $189,384.79 in damages. (Compl. 

¶12.)

7. Removal to this Court is proper because the Circuit Court of Oregon, County of 

Multnomah is located within this district.

8. Blue Global certifies that it will file a copy of this notice with the Clerk of the 

Circuit Court of Oregon, County of Multnomah, and will give notice of the same to counsel for 

iovation.

JURY DEMAND

Pursuant to Fed. R. Civ. P. 38, Defendant Blue Global LLC demands that this matter be 

tried to a jury of the maximum number permitted by law, on all issues so triable.

Dated February 25, 2016

By /s/ John Mansfield

John Mansfield, OSB No. 055390

MansfieldLaw

121 SW Morrison Ave., Suite 400

Portland, OR 97204

971.271.8615

john@mansfieldlaw.net

Attorney for Defendant Blue Global LLC

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 3 of 14
Exhibit A 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 4 of 14
1/8/2016 11 :26:47 AM 

16C\/00497 

CE_ H --r·Jr- 1Eo Tn L'I= r ·- , ;.., u LA Trtuc - O?Y 

l BY~- 2 

3 

4 

5 

IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

6 !OVATION, INC., a Delaware corporation, 

7 

8 v. 

Plaintiff, 

9 BLUE GLOBAL, LLC, dba BLUE 

GLOBAL MEDIA, an Arizona limited 

10 liability company, 

11 

12 

13 

14 

15 

Defendant. 

No. 

COMPLAINT 

(Breach of Contract/Breach of the Implied 

Covenant of Good Faith and Fair 

Dealing/Account Stated) 

JURY TRIAL DEMANDED 

Prayer Amount: $189,384.79 

NOT SUBJECT TO MANDATORY 

ARBITRA TTON 

Fee Authority: ORS 21.160(l)(c) 

16 For its complaint against defendant Blue Global, LLC. dba Blue Global Media ("Blue 

17 Global"), plaintiff iovation. Inc. ("iovation") alleges as follows: 

18 I. PARTIES, JURISDICTION AND VENUE 

19 1. 

20 iovation is a Delaware corporation with its principal place of business in Portland, 

21 Oregon. It is in the business of on-line fraud and abuse management, providing real-time 

22 actionable device reputation intelligence to clients worldwide. 

23 2. 

24 Blue Global is an Arizona limited liability company with its principal place of 

25 business in Scottsdale, Arizona. Blue Global is in the business of online marketing. 

26 II II 

Page l COMPLAINT 

80932465.1 0-042529-00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 5 of 14
3. 

2 Jurisdiction is proper in this Court because this dispute concerns services performed 

3 in this state and contracts arising and performed in this state. Jurisdiction is also proper 

4 because Blue Global has consented to jurisdiction in Oregon. 

5 4. 

6 Venue is proper in this Court because the cause of action arose in Multnomah County 

7 and concerns contracts arising in Multnomah County. Venue is also proper because Blue 

8 Global consented to venue in Po:tland, Oregon. 

9 Il.GENERALALLEGATIONS 

10 5. 

11 Blue Global contracted for services from iovation pursuant to the iovation 

12 ReputationManagerTM Enterprise Service Order dated October 31, 2014 (the "Service 

13 Order''). Pursuant to the Service Order, iovation agreed to provide, among other things, real 

14 time connection to the iovation Device Reputation Authority system for device identification, 

15 reputation checks, and evaluation of transactions. 

16 6. 

17 The Service Order provides for a 30-day pre-paid trial period, which ran from January 

18 28 to February 26, 2015. iovation began billing Blue Global for services under the Service 

19 Order on February 27, 2015. Billing is calculated on a per-query basis depending on the 

20 number of queries, but the Service Order provides that the minimum amount due per month 

21 is $8,200.00. 

22 7. 

23 The Service Order specifies a term of 24 months from integration and 

24 implementation of the software and services and provides that either party may terminate the 

25 contract only for material breach after providing written notice of the breach and a 30-day 

26 opportunity to cure. It further requires that all proceedings arising under the Service Order 

Page 2 COMPLAINT 

80932465.1 0042529..()()()()4 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 6 of 14
1 must be held in Portland, Oregon and that "the substantially prevailing party in such 

2 litigation shall be reimbursed by the other party for all fees and expenses incurred, including 

3 reasonable attorneys' fees, court costs, and accounting fees." 

4 8. 

5 From March through May 2015, Blue Global sent transactions to iovation pursuant to 

6 the Service Order, and iovation issued Invoices INV-13291, INV-13376, and INV-13559 for 

7 the combined balance of $17, 184.79 (the "Invoices"). The Invoices provided that payment in 

8 full was due no later than May 15, 20 15. 

9 9. 

10 Blue Global failed to pay the Invoices when due. There remains due and owing on 

11 lhe Invoices the amount of$17,184.79. 

12 10. 

13 When iovation inquired about the amounts past due, Blue Global responded that it 

14 had to "make some budget cuts" and would therefore have to "cancel" the Service Order. 

15 Blue Global did not provide written notice of a material breach of the Service Order or 30 

16 days in which to cure such breach. At the time of Blue Global's attempt to prematurely 

17 terminate the Service Order, 21 months remained in the agreed-upon term. 

18 11. 

19 iovation has performed all its contractual obligations to Blue Global and has fulfilled 

20 all conditions precedent. 

21 12. 

22 iovation has demanded payment from Blue Global in the amount of $189,384.79, 

23 which represents the $17,184.79 due on the Invoices plus $172,200.00, which represents the 

24 minimum monthly fee of $8,200.00 for each of the remaining 21 months oftbe contractual 

25 term. 

26 

Page 3 COMPLAINT 

80932465. l 0042529-00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 7 of 14
1 13. 

2 Blue Global has failed to pay the remaining amounts due under the Service Order. 

3 FIRST CLAIM FOR RELIEF 

4 (Breach of Contract) 

5 14. 

6 iovation realleges and incorporates by reference paragraphs I through 13. 

7 15. 

8 The Service Order between iovation and Blue Global is a valid and enforceable 

9 contract 

10 16. 

11 Blue Global materially breached the contract by failing to pay the amounts due 

12 iovation and by wrongfully attempting to terminate the Service Order. 

13 17. 

14 As a result of Blue Global's breach, iovation is entitled to recover the fu11 amount due 

15 under the Service Order of $189,384.79, plus additional interest> costs, and attorneys' fees to 

16 be determined at trial. 

17 SECOND CLAIM FOR RELIEF 

18 (Breach of the Implied Covenant of Good Faith and Fair Dealing) 

19 18. 

20 iovation realleges and incorporates by reference paragraphs 1 through 17. 

21 19. 

22 At all relevant times herein, iovation and Blue Global were parties to the Service 

23 Order, which contains an implied covenant of good faith and fair dealing. 

24 20. 

25 Blue Global breached its duty of good faith and fair dealing by refusing to actively 

26 participate in the mutual performance of the Service Order, failing to provide iovation with 

Page 4 COMPLAINT 

80932465.1 0042529..00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 8 of 14
1 infonnation necessary to perfonnance of the Service Order, and wrongfully attempting to 

2 tenninate the Service Order without providing written notice or opportunity to cure. 

3 21. 

4 As a result of Blue Global's breaches, iovati.on is entitled to recover the full amount 

5 due under the Service Order of $189,384.79, plus additional interest, costs, and attorneys' 

6 fees to be detennined at trial. 

7 

8 

9 

THIRD CLAIM FOR RELIEF 

(Account Stated) 

22. 

10 iovation realleges and incorporates by reference paragraphs l through 21. 

11 23. 

12 At Blue Global's request, iovation provided services to Blue Global. 

13 24. 

14 iovation provided Blue Global with the Invoices for the services provided. 

15 25. 

16 By failing to object to the Invoices within a reasonable time, Blue Global impliedly 

17 agreed to pay the amounts listed on the invoices. 

18 26. 

19 Blue Global's agreement fixed the amount due iovati.on on the Invoices. 

20 27. 

21 Blue Global failed to pay the full amount of the Invoices. 

22 28. 

23 iovation is entitled to payment from Blue Global in the minimum amount of 

24 $17,J 84.79, plus additional interest, costs, and attorneys' fees to be determined at trial. 

25 

26 

Page 5 

PRAYER FOR RELIEF 

WHEREFORE, iovation requests the following relief: 

COMPLAINT 

80932465.10042529-00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 9 of 14
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1. That judgment be entered in favor of iovation and against Blue Global; 

2. That iovation be awarded damages in an amount not less than $189,384.79 for 

the amounts due under the Service Order, plus pre-judgment and post-judgment interest; 

3. For iovation's costs and disbursements incurred herein; 

4. For iovation's reasonable attorneys' fees pursuant to the Service Order; and 

S. For such other or further relief as the Court deems just and equitable. 

DATED: January 8, 2016. 

STOEL RIVES LLP 

Isl Stephen H Galloway 

STEPHEN H. GALLOWAY, OSB No. 093602 

stephen .gal loway@stoel.com 

Attorneys for Plaintiff 

Page 6 COMPLAINT 

80932465. l 0042529-00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 10 of 14
Exhibit B 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 11 of 14
In the Circuit Court of the State of Oregon 

For the County of Multnomah 

IOV ATION, INC., a Delaware corporation, 

Plaintiff, 

vs. 

BLUE GLOBAL, LLC dba BLUE GLOBAL MEDIA, 

an Arizona limited liability company, 

Defendant. 

To Blue Global LLC 

c/o Chris K. Kay, Manager 

7302 E. Helm Drive, Suite 2005 

Case No. 16CV00497 

SUMMONS 

Scottsdale, AZ 85260 Defendant. 

You are hereby required to appear and defend the complaint filed against you in the above-entitled action within thirty (30) 

days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plain1iff(s) will apply 10 

the court for the relief demanded in the complaint. 

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! 

You must •appear" in this case or the other side will win automatically. To 

·appear" you must file with the court a legal document called a ·motion" or 

'answer.• Tho 'motion• or •answer· must t>e given to tne coun cierK or 

administrator within 30 days along with the required filing fee. It must be in 

proper form and have proof of service on the plaintiffs attorney or. if the plaintiff 

does not have an attorney, proof of service upon the plaintiff. 

If you have any questions, you should see an att°'ney immediately. If you 

need help in finding an attorney, you may call the Oregon State Bar's Lawyer 

Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 

(in the Portland metropolitan area) or toll-free elsewhere In Oregon at (BOO) 

452-7636. 

SI 

ATTORNEYS/AUTHORS NAME (lYPED OR PRINTED) 

Stephen H. Galloway 093602 BAR NO. (IF ANY) 

900 SW Fifth Avenue Suite 2600 

ADDRESS 

Portland Oregon 97204 {503) 294-9369 CllY STATE ZIP PHONE 

FAX(IF ANY) ATTORNEY'S E-MAIL ADDRESS (IF ANY) 

Stephen H. Galloway 093602 TRIAL ATTORNEY IF OTHER THAN ABOVE (lYPED OR PRINTED) BARNO 

TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS: You are hereby directed to serve a true copy of this 

summons, together with a true copy of the complaint mentioned therein, upon the individual(s) or other legal entity(ies) to whom or 

which this summons is directed, and to make your proof of service on the reverse hereof or upon a separate similar document which 

yo" shall attach he,eto. ~ 

According to ORCP 7A. "a In.le copy of a summons and complaint' means an exact and complete copy of 

the onginal documents. No signed cortificallon to that effect is necessary. 

PAGE 1-SUMMONS. 

81064181.1 0042529-00004 

AnoRNEY(s;F PLAINTIFF(S) 

FORM No. 190 - SUMMONS ©2000 

EE 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 12 of 14
2/1/2016 4:13:41 PM

16CV00497

PROOF OF SERVICE 

I hereby certify that I made service of the foregoing summons upon the individuals and other legal entities to be served, named below, by delivering or 

leaving true copies of said summons and the complaint mentioned therein, certified to be such by the attorney for the plaintiff, as follows: 

Personal Service Upon Individual(s) 

by deliverin~ such true copy to him/her, personally and 

-~---------------------------------•on ___ ~ 20_ at ___ o'clock _.M. 

in person, at 

by delivering such true copy to him/her, personally and in person, at _________________________________ ,on ,20_at __ o'clock_.M. 

Substituted Service Upon Individual(s)* 

Upon------------------------• by delivering such true copy at his/her dwelling house or usual place of abode, 

to-wit: _____________ --'-----------------------'----~--------------- to ____________________________________________ , who is a person 14 years of age or 

older and a member of the household of the person served on ______ , 20 __ , at ___ o'clock _.M. 

Upon , by delivering such true copy at his/her dwelling house or usual place of abode, 

to"wit:------------------------------------------------------ to ____________________________________________ , who is a person 14 years of age or 

older and a member of the household of the person served on ______ , 20 __ , at ___ o'clock _.M. 

Office Service Upon Individual(s)* 

Upon----------------------------• at the office which he/she maintains for the conduct of business at 

by leaving such true copy with-------------------------------• the person who is apparently in charge, on 

------------• 20 ___ , during nonnal working hours, at to-wit:_ o'clock _.M. 

r GI Mail Service Upon Individual(s)** 

Upon.,...."":-::'l-:....=.Uf.:.....=c:;:__=..:._i.--~O~~~A-;~l-==--~~~---------~· by mailing such true copies to him/her by first class mail and ALSO 

by (check one): certified or registered mail with return receipt request~d D express mail. 

Service Upon Tenant(s) of a Mail Agent*** 

Upon--------------------------------------~ by delivering such true copy to ----,-----------------------~-a person apparently in charge of _____________ ~ which is the 

place where the mail agent receives mail for the tenant(s), its address being on-------------• 20 

---~at ___ o'clock _.M. Prior to effecting such service, I made diligent inquiry but could not find the tenaht(s) so served. 

Service on Corporations, Limited Partnerships or Unincorporated Associations Subject to Suit Under a Common Name 

~00 ~ (NAME OF CORPORATION, LIMITED PARTNERSHIP, ETC.) 

(a) delivering such true copy, personally and in person, to who is a/the 

(Specify registered agent, officer (by title}, director, managing partner, general partner, etc.) thereof; OR 

(b) leaving such true copy with , the person who is apparently in charge of the office 

of , who is a/the _______________ _ 

(Specify registered agent, officer (by title), director, general partner, managing agent) thereof; 

at , on , 20 __ , at __ o'plock_.M. 

Dared ____ '-'-----~·20 ___ _ 

SHERIFF 

BY---------------------~ DEPUTY 

I further certify that I am a competent person 18 years of age or older and a 

resident of the state of service or the State of Oregon. and that I am not a party to nor an officer, director or employee of, nor_ attorney f6r any party. 

corporate or otherwise; that the person, firm or co·rporation served .by me is 

the ideniical person, firm or corporiJtion named In the action. 

DATED FE:5 II , 20-1k_. 

?:J:.t! · !!o~"Fi TYPE OR PR~T NAME ~ "- . · . STbEk IZ-lV6 UP ()D SW?.,-- nvE. 

The signature lines on the left should be used only by an Oregon county sheriff or deputy. All other servers complete certification on the right. The Proof of Service above contains mos\, 

but not all, of the methods of service. For example, this form does not include proof of service on a minor or Incompetent person. See ORCP 7 D for permissible service methods with 

respect to particular parties. 

• Where substituted or office service Is used, the plaintiff. as soon as reasonably possible. shall cause to be malled, by first class mall, a true copy of the summons and the complaint to the 

defendant at defendant's dwelling house or usual place of abode, together with a statement of the date, time and place at which such service was made. Use S-N Forni No. 1149, Notice 

of Substituted or Office Service, or the equivalent. 

**Service by mail may be made when required or allowed by ORCP 7 or by statute, except as other\Nlse permitted. If the summons and complaint are mailed, this. certification may be made 

either by the person completing the mailing or by the attorney for any party, stating the circumstances of mailing and Including the return receipt as an attachment. An attorney completing 

the malling should delete', nor attorney for" from the last paragraph of this document. Failure to serve a summons in accordance with ORCP 7 and other applicable rules and statutes niay 

affect or nullify the validity of such service. · 

**'Where service upon a tenant of a mail agent is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, by first class mall, true copies of the summons and the 

complaint to the defendant(s) at the address at which the mall agent receives mail for the defendant(s) and to any other malling address of the defendant(s)then know to the plaintiff, 

together with a statement of the date, time, and place at which delivery was made. 

PAGE 2-SUMMONS. 

81064181.l 0042529-00004 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 13 of 14
2. lirficie Number 

11111111111111111111111111 

9414 7266 9904 2050 9396 32 

1 3. Service Type CERTIFIED MAIL® 

4. Restricted Delivery? (Extra Fee) 

!. 1. Article Addressed to: 

'4".Blue Global LLC 

' '.do Chris K. Kay, Manager 

7302 E. Helm Drive 

Suite 2005 

Scottsdale, AZ 85260 

Oves 

A. Received 

~ 

by (Please Print Clearly) 

C. Signature 

x ~··· 

D. Is delivery address different from item 1? 

If YES, enter delivery address below: 

c crcnce · .n ormatJon 

bsd3186 

PS Form 3811, January 2005 Domestic Return Receipt 

~ OAddressee: 

0Yes 

ONo 

I' 

I 

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I 

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I 

Case 3:16-cv-00356-SI Document 1 Filed 02/25/16 Page 14 of 14