PAUL J. FISHMAN 

United States Attorney

PETER G. O’MALLEY

Assistant U.S. Attorney

970 Broad Street, Suite 700

Newark, NJ 07102

(973) 645-2921

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

ROBERT MELBER,

Plaintiff,

v.

NEELAKSHI BHAGAT, M.D; KEEGAN

JOHNSON, M.D.; SCOTT M. WALSMAN,

M.D.; AMIR COHEN, M.D.; JUNG S. LEE,

M.D.; JOHN DOE, M.D. I-V; AND XYZ

CORPORATIONS I-V,

Defendants.

:

:

:

:

:

Hon. 

Civil Action No. 

NOTICE OF REMOVAL AND SUBSTITUTION

OF DEFENDANT

TO: Michael J. Noonan, Esq. Gary L. Riveles, Esq.

Nowell Amoroso Klein Bierman, P.A. Dughi & Hewit, P.C.

155 Polifly Road 340 North Avenue

Hackensack, New Jersey 07601 Cranford, New Jersey 07016

Clerk’s Office Clerk, Superior Court of New Jersey

Superior Court of New Jersey 25 Market Street, 6th Floor

Justice Center, 10 Main Street Trenton, New Jersey 08615

Hackensack, New Jersey 07601

PLEASE TAKE NOTICE that the United States of America, on behalf of

Defendants Keegan Johnson, M.D.; Scott M. Walsman, M.D.; Jung S. Lee, M.D., hereby

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remove this action to the United States District Court for the District of New Jersey 

pursuant to 28 U.S.C. § 2679(d)(2) and, in support thereof, states as follows:

1. On or about June 9, 2011, copies of the summons and complaint in this

matter, which appear to have been served on defendant Walsman on or about June 1,

2011, was sent to the United States Attorney’s Office for the District of New Jersey by

the Office of Regional Counsel for the Department of Veterans’ Affairs (“VA”). A copy

of the complaint and summons is attached hereto as Exhibit 1. 

2. The complaint names as defendants Keegan Johnson, M.D.; Scott M.

Walsman, M.D.; Jung S. Lee, M.D., who, at the time of the events giving rise to this

action, were employed by the VA New Jersey Healthcare System (“VA NJHCS”) as,

respectively, resident physicians (defendants Johnson and Walsman) and Chief of

Ophthalmology at the center.

3. As shown by the Certification of Scope of Employment, filed herewith

pursuant to 28 U.S.C. § 2679(d)(2), Drs. Johnson, Walsman, and Lee were acting within

the scope of his employment as employees of the United States at the time of the events

complained of.

4. Accordingly, this action is one that is to be removed to this Court at any

time prior to trial pursuant to 28 U.S.C. § 2679(d)(2).

5. Also pursuant to 28 U.S.C. § 2679(d)(2), the United States should be

substituted for Drs. Johnson, Walsman, and Lee as the only proper federal defendant.

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6. According to information and belief, the plaintiff has failed to file an

administrative claim under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), § 2640, and

§§ 2671-2680 (“FTCA”), as to any action by defendant Dr. Lee.

7. A copy of this Notice is being filed with the Superior Court of New Jersey,

Law Division; a copy is also being served on the plaintiff.

PAUL J. FISHMAN 

United States Attorney

By: S / Peter G. O’Malley 

PETER G. O'MALLEY 

Assistant U.S. Attorney

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