Filing 2

COMPLAINT against All Plaintiffs ( Filing fee $ 350 receipt number 0090-3134832) filed by ALAN GROSS, JUDITH GROSS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit A, # 6 Exhibit B)(Snyder, Ivan)

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Exhibit B USAID FROM THE AMERICAN PEOPLE Office of the General Counsel MAY 2 2 ID12 Via Certified Mail/Return Receipt Requested Scott D. Gilbert, Esq. Gilbert LLP 1100 New York Avenue, N.W. Suite 700 Washington, D.C. 20005 Re: Tort Claims of Alan P. and Judith E. Gross Dear Mr. Gilbert: The purpose of this letter is to inform you of the decision of the United States Agency for International Development (USA10) concerning the administrative tort claims ofMr. and Mrs. Gross that you submitted on December 2, 2011. You are advised that these tort claims are hereby denied. The claims were considered under the Federal Tort Claims Act (FTCA) (28 U.S .c. §§ 1346(b), 2671 - 2680), under which the United States Government is authorized to consider and settle administratively tort claims arising from the negligent or v.rrongful act or omission of an employee of the Federal Government acting within the scope of his or her employment. However, the FTCA contains a foreign country exception, 28 U.S.C. § 2680(k), pursuant to which the claims of both Mr. and Mrs. Gross are barred. In addition, after a thorough review of the available facts, we have found no evidence of any negligence of any employee of US AID that is compensable under the FTCA. If the claimants are dissatisfied with this detennination under the FTCA, they may file suit in an appropriate United States District Court not later than six months after the date of mailing of this notification of denial. 28 U.S.C. § 240 I (b). This information should not be taken to imply that any such suit, if filed, would be successful. Sincerely, Lisa Gomer General Counsel u.s . Ageroj for Intemati:>nal Development 1300 Pennsytvania Awnue, tom Washington, oc: 20523

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