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ELIZABETH A. STRANGE 

First Assistant United States Attorney 

District of Arizona 

KATHERINE R. BRANCH 

Assistant United States Attorney 

Arizona State Bar No. 025128 

Two Renaissance Square 

40 North Central Avenue, Suite 1800 

Phoenix, AZ 85004-4408 

Telephone: (602) 514-7500 

Fax: (602) 514-7760 

Katherine. Branch@usdoj.gov 

Attorneys for Defendants Daniel Rowland and 

 Sun Life Family Health Center 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

D.M.W., a minor, by and through his 

natural parents; Hayley HollandHonea and Alyan Watt, individually, 

Plaintiffs, 

v. 

Banner Health, an Arizona corporation 

d/b/a Banner Casa Grande Medical 

Center; Daniel Rowland, M.D., a 

Nebraska resident; Sun Life Family 

Health Center, an Arizona corporation 

d/b/a Sun Life Center For Women; 

Charlotte Sono-Petty, R.N., an 

Arizona resident; Judy Quick, R.N., an 

Arizona resident; Does I-X; 

Corporations I-X; and Partnerships IX, 

Defendants. 

Case No.: 

NOTICE OF REMOVAL 

 

 

 

PLEASE TAKE NOTICE that the civil action [D.M.W.], a minor, by and through 

his natural parents, et al. v. Banner Health, an Arizona corporation d/b/a Banner Casa 

Grande Medical Center, et al., Pinal County Superior Court case no. CV2017-01294, is 

Case 2:18-cv-00448-GMS Document 1 Filed 02/08/18 Page 1 of 4
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hereby removed to this Court by the United States of America pursuant to 42 U.S.C. 

§ 233(c). The United States submits this Notice of Removal for the following reasons: 

1. On or about July 11, 2017, Plaintiffs filed a Complaint alleging medical 

negligence against Banner Heath, Daniel Rowland, M.D., Sun Life Family Health Center, 

an Arizona corporation d/b/a Sun Life Center for Women, Charlotte Sono-Petty, R.N., 

and Judy Quick, R.N., Defendants in the Superior Court of the State of Arizona in and for 

the County of Pinal, case number CV2017-01294. 

2. James G. Touhey, Jr., Director, Torts Branch, Civil Division, United States 

Department of Justice, has certified that at the time of the conduct alleged in the 

Complaint, Sun Life Family Health Center was a federally deemed community health 

center by operation of the Federally Supported Health Centers Assistance Act, 42 U.S.C. 

§ 233(g)-(n), was acting within the scope of its deemed federal employment as an 

employee of the Public Health Service, and is covered under the Federal Tort Claims Act 

(28 U.S.C. § 2675 et seq.) pursuant to 42 U.S.C. § 233(g). The Certification of Scope of 

Employment is attached hereto as Exhibit 1. 

3. Mr. Touhey has further certified that at the time of the conduct alleged in 

the Complaint, Dr. Rowland was an employee of Sun Life Family Health Center, and was 

acting within the scope of his deemed federal employment as an employee of the Public 

Health Service at the time of the incident giving rise to the state court lawsuit. See

Exhibit 1. 

4. The United States has the statutory authority to remove this action to 

federal court at any time prior to trial. 42 U.S.C. § 233(c). 

5. As required by LRCiv 3.6(a), a copy of the docket from the state court 

action is attached as Exhibit 2. 

6. As required by 28 U.S.C. § 1446(a) and LRCiv 3.6(b), the United States is 

attaching as Exhibit 3 a copy of all pleadings and other documents that have been filed in 

the state court action, and is attaching a verification of those records by counsel as 

Exhibit 4. 

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7. A copy of this Notice of Removal of Civil Action is being served upon the 

Plaintiffs and Defendants, and a copy shall be filed with the Clerk of the Pinal County 

Superior Court as required by 28 U.S.C. § 1446(d) and LRCiv 3.6(a). 

 WHEREFORE, the above-captioned case is removed from the Pinal County 

Superior Court, State of Arizona, to the United States District Court for the District of 

Arizona pursuant to 42 U.S.C. § 233(c). 

Respectfully submitted this 8th day of February, 2018.

ELIZABETH A. STRANGE 

First Assistant United States Attorney 

District of Arizona 

s/ Katherine R. Branch 

KATHERINE R. BRANCH 

Assistant United States Attorney 

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CERTIFICATE OF SERVICE 

I hereby certify that on February 8, 2018, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECT system for filing, and mailed a copy 

of the foregoing document to the following: 

Craig A. Knapp 

David S. Friedman 

Knapp & Roberts, P.C. 

8777 N. Gainey Center Dr., Ste. 165 

Scottsdale, Arizona 85258 

Attorneys for Plaintiffs 

GinaMarie Slattery 

Slattery Petersen, P.L.L.C. 

5981 E. Grant Road, Suite 101 

Tucson, AZ 85712 

Attorneys for Banner Health dba Banner Casa Grande Medical Center, 

 Charlotte Sono-Petty, RN, and Judy Quick, RN 

s/Brian Wolfe 

United States Attorney’s Office 

Case 2:18-cv-00448-GMS Document 1 Filed 02/08/18 Page 4 of 4