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JOHN S. LEONARDO 

United States Attorney 

District of Arizona 

ANNE E. NELSON 

Assistant U.S. Attorney 

Arizona State Bar No. 028069 

Two Renaissance Square 

40 North Central, Suite 1200 

Phoenix, Arizona 85004-4408 

Telephone: (602) 514-7500 

Facsimile: (602) 514-7760 

Anne.Nelson@usdoj.gov

Attorneys for the United States of America 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Amanda McKay, on behalf of herself and 

all statutory beneficiaries of M. C. and 

pursuant to A.R.S. §12-612; 

 Plaintiff, 

vs. 

Maria Mylene Fabia Abad, M.D., Sun Life 

Center for Women & Children, Inc., an 

Arizona corporation, 

 Defendants. 

Case No.: 

NOTICE OF REMOVAL 

(Formerly Pinal County Superior Court 

Case No. CV 201501655)

The United States of America, on behalf of defendants Maria Mylene Fabia Abad, 

M.D. and Sun Life Center for Women & Children, Inc., hereby gives notice of the 

removal of Amanda McKay, et. al. v. Maria Mylene Abad Fabia, M.D., et. al., (Pinal 

County Superior Court No. CV2015-01655) to the United States District Court for the 

Case 2:15-cv-02367-JJT Document 1 Filed 11/19/15 Page 1 of 4
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District of Arizona, pursuant to the provisions of 28 U.S.C. §§ 2679(d)(2) and 42 U.S.C. 

§ 233(c). The United States removes this matter for the following reasons: 

1. On or about September 4, 2015, Plaintiff commenced this action in the Pinal 

County Superior Court by filing a Complaint naming Maria Mylene Fabia Abad, M.D. 

and Sun Life Center for Women & Children, Inc. as Defendants. This action was 

assigned case number CV2015-01655. Pursuant to LRCiv 3.6, a copy of the Superior 

Court docket sheet, a copy of the entire file as of November 13, 2015, and a verification 

of state court records are attached as Exhibit A. 

2. Plaintiff’s Complaint alleges that Defendant Dr. Maria Mylene Fabia Abad, 

acting within the scope of her employment at Sun Life Center for Women & Children, 

Inc., committed certain common law torts which caused damages to Plaintiff. The 

Complaint further alleges that Defendant Sun Life Center for Women & Children is 

responsible for the same torts. 

3. The Department of Health and Human Services has determined that Dr. 

Maria Mylene Fabia Abad, and Sun Life Center for Women & Children, Inc., an Arizona 

Corporation, are deemed to be employees of the Public Health Service for the period and 

acts/omissions giving rise to the cause of action alleged in Plaintiff’s Complaint. That 

determination is binding under 42 U.S.C. § 233(g)(1)(F). 

4. Pursuant to 42 U.S.C. § 233(a), Congress has provided that the remedy 

provided in 28 U.S.C. §§ 1346(b) and 2672 against any person deemed to be a Public 

Health Service Officer or employee “for damage for personal injury . . . resulting from 

the performance of medical, surgical, dental, or related functions, . . . while acting within 

the scope of his office or employment, shall be exclusive of any other civil action or 

proceeding” and shall be against the United States. 

5. Congress has further provided that upon certification by the Attorney 

General, or her designee, that an individual defendant was acting within the scope of her 

employment, a civil action pending against the employee in state court shall be removed 

Case 2:15-cv-02367-JJT Document 1 Filed 11/19/15 Page 2 of 4
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without bond to the United States District Court for the district or division embracing the 

place in which the state court action is pending. 42 U.S.C. § 233(c); 28 U.S.C. § 

2679(d)(2). 

6. Filed with this Notice of Removal is a Certification by the United States 

Attorney for the District of Arizona that Defendant Dr. Maria Mylene Fabia Abad was 

acting within the scope of her federal employment at the time of the incident giving rise 

to this suit. 

7. This action is one which may be removed pursuant to 28 U.S.C. § 2679(d)(2) 

and 42 U.S.C. § 233(c) because plaintiff seeks monetary damages relief against Dr. Maria 

Mylene Fabia Abad and Sun Life Center for Women & Children, Inc., an Arizona 

Corporation, for acts/omissions within the course and scope of their federal duties as 

deemed federal employees. 

8. Pursuant to 28 U.S.C. § 2679(b)(1), no bond is required for removal of this 

action. 

9. Pursuant to LRCiv 3.6, a Notice of Filing Notice of Removal, attaching a 

copy of this Notice of Removal, will be sent for filing to the Clerk of the Court, Pinal 

County Superior Court. 

 WHEREFORE, the United States gives notice of the removal of this matter 

from the Pinal County Superior Court to the United States District Court for the District 

of Arizona. 

 Respectfully submitted this this 19th of November, 2015. 

 JOHN S. LEONARDO 

 United States Attorney 

 District of Arizona 

 s/ Anne E. Nelson 

 ANNE E. NELSON 

 Assistant U.S. Attorney 

 Attorneys for Defendant 

Case 2:15-cv-02367-JJT Document 1 Filed 11/19/15 Page 3 of 4
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CERTIFICATE OF SERVICE 

 I hereby certify that on November 19, 2015, I deposited a copy of the foregoing 

into the U.S. Mail, postage pre-paid to the following: 

M. David Karnas, Esq. 

Bellovin & Karnas, P.C. 

4810 E. Broadway Blvd. 

Tucson, Arizona 85711 

Jeffrey L. Victor, Esq. 

Jeffrey L. Victor, P.C. 

5425 East Bell Road. Suite 121 

Scottsdale. Arizona 85254 

s/ Louella M. Short 

United States Attorney’s Office 

Case 2:15-cv-02367-JJT Document 1 Filed 11/19/15 Page 4 of 4