Estate of George v. Veteran's Administration Medical Center

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

This action was commenced by the estate (“Estate” or “plaintiff’) of Earl Clarence George (“decedent”) against the Veteran’s Administration Medical Center (“VAMC” or “Government”) in Canandaigua, New York, in New York. State Supreme Court, Ontario County.1 The VAMC removed the action to this Court on September 9, 2010, pursuant to 28 U.S.C. § 1442(a)(1), on the ground that the action is one for money damages against an agency of the United States.

The Government has now moved to dismiss the complaint pursuant to Rule 12(b)(1) of the Federal…