Page 1- NOTICE OF REMOVAL TO U.S. DISTRICT COURT

Stephen L. Madkour, OSB No. 941091

Clackamas County Counsel

smadkour@clackamas.us

Alexander Gordon, OSB No. 822671

Assistant County Counsel

agordon@clackamas.us

Office of Clackamas County Counsel

2051 Kaen Road

Oregon City, OR 97045-1819

Phone: 503-655-8362

Fax: 503-742-5397

Of Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

JOSEPH LEONETTI, personally and as 

Personal Representative of the Estate of 

Holly Leonetti, deceased, 

Plaintiff, 

v

PATRICK BRAY, LISA SHIPLEY, 

ANTHONY KOLLIAS, CLINT PIERCE, and 

CLACKAMAS COUNTY, a Political 

Subdivision of the State of Oregon, 

Defendants.

Case No. 

NOTICE OF REMOVAL TO U.S.

DISTRICT COURT

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

OF OREGON; Administrator of the Circuit Court of the State of Oregon for the 

County of Clackamas; and JAN K. KITCHEL, Attorney for Plaintiff. 

The removing parties: Patrick Bray, Lisa Shipley, Anthony Kollias, Clint Pierce 

and Clackamas County, and their undersigned attorney, respectfully show this Court the 

following:

Case 3:16-cv-00014-AC Document 1 Filed 01/06/16 Page 1 of 4
Page 2- NOTICE OF REMOVAL TO U.S. DISTRICT COURT

1. The removing parties: Patrick Bray, Lisa Shipley, Anthony Kollias, Clint 

Pierce and Clackamas County, are the Defendants in the above entitled action.

2. On December 2, 2015, the above entitled action was commenced against 

the Defendants in the Circuit Court of the State of Oregon for Clackamas County and is 

now pending in such court with the designation Circuit Court Case No. CV 151200043.

3. On December 14, 2015, a copy of the Summons and Complaint in the 

above entitled state case was served upon each of the Defendants: Patrick Bray, Lisa 

Shipley, Anthony Kollias, Clint Pierce and Clackamas County, by the delivery of copies 

of the Summons and Complaint, directed to each of the Defendants, to the Offices of 

the Clackamas County Counsel, pursuit to an agreement for the acceptance of service 

by counsel for each of the Defendants.

4. No further proceedings have occurred in this action in state court.

5. Each of the Defendants named in this case agrees that this action should 

be removed from state to federal court.

6. This notice of removal is filed within 30 days after service of process.

7. This Court has original jurisdiction of the above entitled action pursuant to 

28 USC § 1331, because it is a suit for damages brought pursuant to 42 USC § 1983 

seeking recovery for violations of certain rights of the Plaintiff that are provided for and 

guaranteed by the United States Constitution.

8. This Court has original jurisdiction of the above entitled action pursuant to 

28 USC § 1343, because it is a suit to redress the deprivation, under color of State 

regulation, custom or usage, of rights secured by the Constitution of the United States.

Case 3:16-cv-00014-AC Document 1 Filed 01/06/16 Page 2 of 4
Page 3- NOTICE OF REMOVAL TO U.S. DISTRICT COURT

9. Attached to this Notice are copies of the Complaint and the Summonses 

served on the Defendants: Patrick Bray, Lisa Shipley, Anthony Kollias, Clint Pierce and 

Clackamas County.

10. On the date set forth below, a copy of this Notice was served on the 

Plaintiff's attorney. On the same date, a copy of this Notice was filed with the clerk of 

the Clackamas County Circuit Court, the state court in which this action was 

commenced.

WHEREFORE, Patrick Bray, Lisa Shipley, Anthony Kollias, Clint Pierce and 

Clackamas County request that the above entitled action be removed from the Circuit 

Court of the State of Oregon for Clackamas County to the United States District Court 

for the District of Oregon.

DATED this 6th day of January, 2016.

STEPHEN L. MADKOUR 

CLACKAMAS COUNTY COUNSEL

s/ Alexander Gordon _____________

Alexander Gordon, OSB No. 822671

Assistant County Counsel

agordon@clackamas.us

Stephen L. Madkour, OSB No. 941091

smadkour@clackamas.us

OF ATTORNEYS FOR DEFENDANTS

Case 3:16-cv-00014-AC Document 1 Filed 01/06/16 Page 3 of 4
Page 1- CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I certify that on this date I served or caused to be served a true and correct copy 

of the foregoing NOTICE OF REMOVAL on the party listed below as follows:

Jan K. Kitchel

Cable Huston LLP

1001 SW Fifth Avenue

Suite 2000

Portland, Oregon 97204-1136

Attorney for Plaintiff

[X] by MAILING a full, true and correct copy thereof in a sealed, 

postage-paid envelope, addressed as shown above, and deposited 

with the U.S. Postal Service at Portland, Oregon, on the date set 

forth below;

[ ] by causing a full, true and correct copy thereof to be HANDDELIVERED to the party the date set forth below;

[ X] by EMAILING a full, true and correct copy thereof to the party, at

the email address shown above, which is the last-known email 

address for the party’s office, on the date set forth below;

[ ] by FAXING a full, true and correct copy thereof to the party, at the 

fax number shown above, which is the last-known fax number for 

the party’s office, on the date set forth below.

Dated this 6th day of January, 2016.

STEPHEN L. MADKOUR 

CLACKAMAS COUNTY COUNSEL

s/ Alexander Gordon________________

Alexander Gordon, OSB No. 822671

Assistant County Counsel

agordon@clackamas.us

OF ATTORNEYS FOR DEFENDANTS

Case 3:16-cv-00014-AC Document 1 Filed 01/06/16 Page 4 of 4