UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

LINDA REGNIER, )

Plaintiff, )

)

) Case No. 2:15cv073

) (Formally Porter Superior Court

HEALTHLINC, INC., ) Case No. 64D01-1412-CT-010593)

KIMBERLY HESS, M.D., )

STACIE BRASWELL, M.D. and )

ANONYMOUS HEALTH CENTER, )

)

Defendants. )

NOTICE OF REMOVAL

Pursuant to 28 U.S.C. ' 2679(d)(2) the United States of America removes to the United 

States District Court for the Northern District of Indiana, Hammond Division, the action now 

pending in the State of Indiana, Porter Superior Court as Case No. 64D01-1412-CT-10593 and 

states as follows:

1. On December 4, 2014, the above-entitled action was commenced in the Porter 

Superior Court, and is now pending therein. Copies of all process and pleadings, and orders 

received by the defendants in this cause are attached hereto. (Group Exhibit 1).

2. The United States of America may remove this case pursuant to 28 U.S.C. §

2679(d)(2) because the case involves issues founded on a claim or right arising under the laws of 

the United States, specifically the Federal Tort Claims Act, §§1346(b); 2671-2680 (1988) as 

amended by the Federal Employees Liability Reform and Tort Compensation Act of 1988, §5, 

Pub. L. No. 100-694, 102 Stat. 4563 (1988) (codified at 28 U.S.C. § 2679) and the Federally 

Supported Health Centers Assistance Act, 42 U.S.C. §233(g)-(n). 

3. Pursuant to 28 U.S.C. ' 2679(d)(2), the United States Attorney for the Northern 

USDC IN/ND case 2:15-cv-00073-RLM-JEM document 2 filed 02/26/15 page 1 of 4
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District of Indiana, as a delegee of the United States Attorney General, certified that defendant, 

HealthLinc, Inc. was deemed an employee of the Public Health Service Act pursuant to the 

Federally Supported Health Centers Assistance Act, 42 U.S.C. §233(g)-(n) at the time of the 

events on which this lawsuit is based. The United States Attorney for the Northern District of 

Indiana also certified that defendants Kimberly Hess, M.D. and Stacie Braswell, M.D. were 

acting within the scope of their employment as Public Health Service employees pursuant to the 

Federally Supported Health Centers Assistance Act, 42 U.S.C. §233(g)-(n) at the time of the 

events on which this lawsuit is based. (Certification- Exhibit 2). 

4. Pursuant to §2679(d)(2), all claims in this action against HealthLinc, Inc., 

Kimberly Hess, M.D., and Stacie Braswell, M.D., are a suit against the United States.

5. This Notice of Removal is timely under section 2679(d)(2) of Title 28 which

provides that removal can occur Aat any time before trial@ and trial has not yet occurred in this 

matter. 

6. Under the provisions of Title 28, United States Code, Sections 1446(d) and 

2679(d)(2), no security or bond is required of petitioner.

USDC IN/ND case 2:15-cv-00073-RLM-JEM document 2 filed 02/26/15 page 2 of 4
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CONCLUSION

For the foregoing reasons, the United States of America removes to the United States 

District Court for the Northern District of Indiana, Hammond Division, the action now pending 

in the Porter Superior Court as Case No. 64D02-1412-CT-10593.

Respectfully submitted,

DAVID CAPP

UNITED STATES ATTORNEY

By: s/ Sharon Jefferson

Sharon Jefferson

Assistant United States Attorney

5400 Federal Plaza, Suite 1500

Hammond, Indiana 46320

Telephone: 219-937-5500

Fax: 219-852-2770

Email Address: Sharon.Jefferson2@usdoj.gov

USDC IN/ND case 2:15-cv-00073-RLM-JEM document 2 filed 02/26/15 page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that on February 25, 2015, I electronically filed the foregoing 

Memorandum with the Clerk of the court using the CM/ECF system which sent notification of 

such filing to the following: N/A/ and I hereby certify that I have mailed by United States Postal 

Service the document to the following non CM/ECF participant:

Ronald F, Layer

Layer, Tanzillo, Stassin & Babcock, P.C.

Suite 201

1160 Joliet Street

Dyer, Indiana 46311

(Attorney for plaintiff)

/s/Denise Konieczka

Denise Konieczka

Paralegal Specialist

OFFICE OF:

United States Attorney

5400 Federal Plaza, Suite 1500

Hammond, Indiana 46320

Tel: (219) 937-5500

Fax: 219-852-2770

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