Page 1 - USA=S NOTICE OF REMOVAL 

S. AMANDA MARSHALL, Oregon State Bar No. 95347 

United States Attorney

TIM SIMMONS, Oregon State Bar No. 92461

tim.simmons@usdoj.gov

Assistant U.S. Attorney

United States Attorney's Office

District of Oregon

405 E. 8th Ave., Suite 2400

Eugene, OR 97401

Telephone: (541) 465 -6740

Facsimile: (541) 465 -6917

Attorney for United States

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

LAURA L. BROWN,

Plaintiff,

v. 

WATERFALL CLINIC, 

INCORPORATED, 

Defendant.

 Case No.: 6:14-1292

UNITED STATES OF AMERICA=S 

NOTICE OF REMOVAL 

(Removed from Oregon State Circuit 

Court for the County of Coos, Case 

number 14CV0493) 

To: The Honorable Judges of the United States District Court for the District of 

Oregon

The United States of America, by S. Amanda Marshall, United States Attorney for 

the District of Oregon, through Tim Simmons, Assistant United States Attorney, provides 

notice that the above-entitled case, commenced in the Circuit Court of the State of Oregon 

Case 6:14-cv-01292-AA Document 1 Filed 08/12/14 Page 1 of 4
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for the County of Coos, Civil Case No. 14CV0493, is removed to this Court, and in support 

thereof state:

1. At the time of the incidents alleged in the complaint, Waterfall Clinic, 

Incorporated (“Waterfall Clinic”) was an entity deemed by the Department of Health and 

Human Services to be an employee of the Public Health Service for purposes of 42 U.S.C. 

§ 233(a). See 42 U.S.C. § 233(g). Waterfall Clinic is named as the defendant in the case 

described in the previous paragraph.

2. Pursuant to 42 U.S.C. § 233(c) and 28 C.F.R. § 15.4, the United States Attorney 

for the District of Oregon has certified that Waterfall Clinic was acting within the course and 

scope of its employment at the time of the incident out of which this claim arose. See

Exhibit 1.

3. Accordingly, removal of this action to federal court is proper under 42 U.S.C. § 

233(c). Section 233(c) provides that upon certification by the Attorney General that the 

defendant was acting within the scope of its employment at the time of the incident out of 

which the suit arose, any civil action commenced in a state court shall be removed without 

bond at any time before trial by the Attorney General to the district court of the United 

States of the district and division embracing the place wherein it is pending. See 42 

U.S.C. § 233(c). The action is thereafter “deemed a tort action brought against the United 

States under the provisions of Title 28 [the Federal Tort Claims Act] and all references 

thereto.” Id.

4. A copy of all process, pleadings, and orders received in this action are filed with 

this notice pursuant to 28 U.S.C. § 1446(a). See Exhibit 2.

Case 6:14-cv-01292-AA Document 1 Filed 08/12/14 Page 2 of 4
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WHEREFORE, this action, now pending in the Circuit Court for the State of 

Oregon for the County of Coos, Case No. 14CV0493, is properly removed from there to 

this Court as provided by 42 U.S.C. § 233(c).

Dated this 12th day of August, 2014.

Respectfully Submitted, 

S. AMANDA MARSHALL

United States Attorney

District of Oregon

/S/ Tim Simmons 

TIM SIMMONS

Assistant United States Attorney

Attorney for United States

Case 6:14-cv-01292-AA Document 1 Filed 08/12/14 Page 3 of 4
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I made service of foregoing: United States of America’s

Notice of Removal, was placed in a postage prepaid envelope and deposited in the United 

States Mail according to established office procedure in the Office of the United States 

Attorney at Eugene, Oregon, on August 12, 2014, addressed to: 

James M. Monsebroten

Attorney at Law 

320 Central Avenue, Suite 510

Coos Bay, OR 97420

Attorney for Plaintiff

Lawrence F Finneran

Lawrence Finneran LLC

405 N 5th St

PO Box 359

Coos Bay OR 97420

Attorney for Defendant

/s/ Trudylee Fleming

_____________________________

Trudylee Fleming 

Legal Assistant

United States Attorney’s Office

Case 6:14-cv-01292-AA Document 1 Filed 08/12/14 Page 4 of 4