GROSS et al v. DEVELOPMENT ALTERNATIVES, INC. et al

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)

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
wv.w.usaid.gov