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QB\340550.00181\37621514.1

Quarles & Brady LLP

Firm State Bar No. 00443100

Renaissance One

Two North Central Avenue

Phoenix, AZ 85004-2391

TELEPHONE 602.229.5200

Attorneys for Defendant U.S. Bank National 

Association ND

C. Bradley Vynalek (#020051)

brad.vynalek@quarles.com Sarah R. Anchors (#25344)

sarah.anchors@quarles.com

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

David Colby and Diana Colby,

Plaintiffs,

v.

U.S. Bank National Association ND, 

Equifax Inc., and Transunion, LLC,

Defendants.

Case No. _______________________

(Formerly McDowell Mountain Justice 

Court Case No. CC2015184202)

NOTICE OF REMOVAL 

Defendant U.S. Bank National Association ND (“USB”) hereby gives notice of 

removal of the civil action captioned David Colby and Diana Colby v. U.S. Bank National 

Association ND, et al., Case No. CC2015184202 (the "Justice Court Action"), from the 

Justice Court, McDowell Mountain Precinct, Maricopa County, State of Arizona (the 

"Justice Court"), to the United States District Court for the District of Arizona.

USB files this notice pursuant to 28 U.S.C. § 1446(a) and L.R. Civ. 3.6. The 

United States District Court has jurisdiction over this case under 28 U.S.C. § 1331. 

Undersigned counsel verifies that a complete copy of the filings in the Justice Court 

Action, obtained from the Justice Court are attached hereto as Exhibit "A". The 

verification is attached hereto as Exhibit "B".

As grounds for removal of this action, USB states as follows:

Case 2:15-cv-02453-NVW Document 1 Filed 12/03/15 Page 1 of 3
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QB\340550.00181\37621514.1 -2-

1. USB’s Minnesota agent for service was served with a copy of the Summons 

and Complaint on November 3, 2015. Defendant Equifax Inc.'s Arizona agent for service 

was served with the Summons and Complaint on October 9, 2015. Defendant Transunion, 

LLC's Arizona agent for service was served with the Summons and Complaint on October 

9, 2015. This Petition is timely filed within the thirty (30) day period for removal of this 

action to this Court as required by 28 U.S.C. § 1446(b). 

2. Venue lies in the Phoenix Division of this Court under 28 U.S.C. §§ 1391. 

This action was originally brought in the McDowell Mountain Justice Court in the State of 

Arizona, and the events alleged in the Complaint appear to have occurred in Maricopa

County, Arizona.

3. Defendants Equifax and Transunion have filed answers, each reserving the 

right to remove. Equifax and Transunion, through their counsel, consent to removal. 

4. USB has not yet filed an answer nor otherwise responded to the Complaint 

in the Justice Court Action. USB hereby reserves all defenses under Fed. R. Civ. P. 12.

5. The United States District Court has original jurisdiction over this action 

under 28 U.S.C. § 1331 because this is a civil action arising under the laws of the United 

States. Specifically, Plaintiffs’ claim against USB allegedly arises under the Fair Credit 

Reporting Act, 15 U.S.C. § 1681 et seq. See Complaint at Exh. A.

6. USB has filed a copy of this Notice with the Clerk of the McDowell 

Mountain Justice Court, pursuant to 28 U.S.C. § 1446(d) and a copy (without exhibits 

thereto) is attached hereto as Exhibit C.

WHEREFORE, USB respectfully requests that upon the filing of this Notice of 

Removal, the Justice Court Action be removed to, and proceed hereinafter, in this Court, 

and that no further proceedings in this matter take place in the Justice Court.

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QB\340550.00181\37621514.1 -3-

RESPECTFULLY submitted this 3rd day of December, 2015.

QUARLES & BRADY LLP

Renaissance One

Two North Central Avenue

Phoenix, AZ 85004-2391

By /s/ Sarah R. Anchors

C. Bradley Vynalek

Sarah R. Anchors

Attorneys for Defendant U.S. Bank National 

Association ND

CERTIFICATE OF SERVICE

I hereby certify that on December 3, 2015, I electronically transmitted the attached 

document to the Clerk's Office using the ECF System for filing and mailed a copy of the 

Notice of Electronic Filing to the following individual by U.S. Mail:

McCarthy Law PLC

Kevin Fallon McCarthy, Esq.

Joon Kee, Esq.

4250 N. Drinkwater Blvd., Suite 320

Scottsdale, AZ 85251

Attorneys for Plaintiffs

Philip R. Wooten PC

Philip R. Wooten, Esq.

3413 E. Equestrian Trial

Phoenix, Arizona 85044-3403

Attorneys for Defendant Trans Union LLC

Snell & Wilmer L.L.P.

Jacob C. Jones, Esq.

One Arizona Center

400 East Van Buren St., Ste. 1900

Phoenix, Arizona 85004-2202

Attorneys for Defendant Equifax Inc.

/s/ Linnea Mahoney

Case 2:15-cv-02453-NVW Document 1 Filed 12/03/15 Page 3 of 3