PAUL J. FISHMAN

United States Attorney

PAMELA R. PERRON Electronically filed

Assistant U.S. Attorney

970 Broad Street, Suite 700

Newark, NJ 07102

Tel. 973-645-2836

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

ELIZ. B. RODRIGUEZ and 

FELIPE RODRIGUEZ, her husband, 

Hon. 

Plaintiffs,

v. Civil Action No. 11-

VINUTHA RAJASEKHARAIAH, and 

VINUTHA RAJASEKHARAIAH a/k/a

VINUTHA RAJ; JERSEY MEDICAL 

ASSOCIATES, INC., THE UNITED NOTICE OF REMOVAL

STATES OF AMERICA; JOHN DOE, 

M.D. I-V (these names being fictitious 

as their true identities are presently unknown); JANE DOE NURSES I-V (these 

names being fictitious as their true 

identities are presently unknown); 

JOHN DOE MEDICAL FACILITY PERSONNEL I-V (these corporate names are 

fictitious as their true identities are 

presently unknown); JOHN DOE MEDICAL FACILITIES I-V, (these corporate 

names are fictitious as their true identities are presently unknown),

Defendants.

To: Nicole May-Bynes

Team 3 Leader 

Superior Court of New Jersey

Middlesex County - Law Division

Tower 2nd floor, P.O. Box 2633

New Brunswick, New Jersey 08903-2633

Case 3:11-cv-03892-PGS-TJB Document 1 Filed 07/06/11 Page 1 of 4 PageID: 1
Jennifer M. Perez, Acting Clerk

Superior Court of New Jersey

Hughes Justice Complex

P.O. Box 971

Trenton, New Jersey 08625

Gregory B. Noble, Esq. 

O’Connor, Parsons & Lane LLC

435 East Broad Street

Westfield, New Jersey 07090

Jeremy P. Cooley, Esq.

Lenox Law Firm

3131 Princeton Turnpike, Bldg. 1B

Lawrenceville, NJ 08648

PLEASE TAKE NOTICE that the above-captioned action, previously

pending in the Superior Court of New Jersey, Law Division, Middlesex County,

Docket Number L-6876-10, is hereby removed to the United States District

Court for the District of New Jersey. Defendant United States of America, by

its undersigned attorney, recites as grounds therefor the following:

1. The United States of America is named as one of the defendants in

the above-captioned action in the Superior Court of New Jersey, Law Division,

Middlesex County, Docket No. L-6876-10. A copy of the Summons and First

Amended Complaint that the United States Attorney’s Office received on June

9, 2011 by certified mail are attached as Exhibit 1. 

2. Plaintiffs Elizabeth and Felipe Rodriguez have demanded

judgment, damages, fees, interest and costs of suit, for injuries they claim to

have sustained as the result of alleged medical malpractice by Miguel Martinez,

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Case 3:11-cv-03892-PGS-TJB Document 1 Filed 07/06/11 Page 2 of 4 PageID: 2
M.D., an employee of the Jewish Renaissance Medical Center, Inc. See Exhibit

1. 

3. Jewish Renaissance Medical Center, Inc. is a federally funded

health center. In accordance with the Federally Supported Health Centers

Assistance Act ("FSHCAA"), 42 U.S.C. § 233(g)-(n), the United States

Department of Health & Human Services, Health Resources and Services

Administration, Bureau of Primary Health Care deemed Jewish Renaissance

Medical Center, Inc. to be an entity eligible for coverage under the Federal Tort

Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2401(b), 2671-80 as of September

15, 2003 (renewed 2005) pursuant to 42 U.S.C. § 233(g). FSHCAA provides

that the FTCA remedy against the United States for "damage for personal

injury, including death, resulting from the performance of medical, surgical,

dental or related functions" shall be exclusive of any other civil action or

proceedings against deemed entities and their employees. 42 U.S.C. § 233(a).

4. Plaintiffs' action against the United States of America is therefore

governed by the FSHCAA and FTCA. The United States of America is the sole

party defendant cognizable under the FTCA for alleged acts of negligence by its

deemed employees. 28 U.S.C. § 2679(b). Moreover, the only waiver of

sovereign immunity on the part of the United States to be sued for actions in

tort is contained in the FTCA. 

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8. The United States District Courts have exclusive jurisdiction over

civil actions against the United States such as this one. 28 U.S.C. § 1346(b).

9. Pursuant to 28 U.S.C. §§ 1441(a) and (b), 1442(a)(1), and 1446,

this action must be removed to United States District Court. No bond is

required.

WHEREFORE, in accordance with 28 U.S.C. §§ 1441(a) and

(b), 1442(a)(1), and 1446, the above-captioned action, brought in the Superior

Court of New Jersey, Law Division, Middlesex County, is now removed to this

Court for further proceedings.

Dated: July 6, 2011

 Newark, New Jersey

PAUL J. FISHMAN

United States Attorney

s/ Pamela R. Perron

By: 

PAMELA R. PERRON

Assistant U.S. Attorney

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