Case: 12-1236

Document: 00116485096

Page: 1

Date Filed: 01/28/2013

Entry ID: 5707129

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

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No. 12-1236 IN RE: REQUEST FROM THE UNITED KINGDOM PURSUANT TO THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS IN THE MATTER OF DOLOURS PRICE, UNITED STATES, Petitioner Appellee v. TRUSTEES OF BOSTON COLLEGE, ET AL., Movants Appellants

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NOTICE OF BOSTON COLLEGE OF SUGGESTION OF DEATH

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Pursuant to Fed. R. App. P. 43(a)(1), Appellants Trustees of Boston College and two of its representatives, Robert K. ONeill, the Librarian of the John J. Burns Library at Boston College, and Boston College University Professor Thomas E. Hachey (collectively, Boston College), notify the Court of the death of the Dolours Price, the subject of this matter as identified in the caption of the case. Boston College moves that the Court vacate the District Courts January 20, 2012, Findings and Order and dismiss this appeal as moot.

Case: 12-1236

Document: 00116485096

Page: 2

Date Filed: 01/28/2013

Entry ID: 5707129

1.

The Commissioners August 2011 subpoenas to Boston College that

are the subject of this appeal (the subpoenas) captioned the proceedings as in criminal matters in the matter of Dolours Price. 2. The subpoenas were issued pursuant to the Treaty Between the

Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland on Mutual Legal Assistance in Criminal Matters (S. Treaty Doc. No. 109-13) (the US-UK MLAT). 3. Article 1, Section 1bis [second] of the US-UK MLAT provides that

assistance from the United States under that treaty shall not be available for matters in which the administrative authority anticipates that no prosecution or referral, as applicable, will take place. 4. According to news reports, Dolours Price was found dead on

January 23, 2013, at her home in Malahide, Northern Ireland. 5. Her death means that criminal matters of Dolours Price can no longer

be the subject of any prosecution or referral, and as a result the provisions of the US-UK MLAT pursuant to which the subpoenas were issued are no longer available.

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Case: 12-1236

Document: 00116485096

Page: 3

Date Filed: 01/28/2013

Entry ID: 5707129

For the reasons stated in this notice, Boston College moves that this Court vacate the District Courts January 20, 2012, Findings and Order and dismiss this appeal as moot. By their attorney, /s/ Jeffrey Swope Jeffrey Swope (BBO# 490760) Nicholas A. Soivilien (BBO #675757) EDWARDS WILDMAN PALMER LLP 111 Huntington Avenue Boston, Massachusetts 02199-7613 (617) 239-0100 jswope@edwardswildman.com Dated: January 28, 2013

CERTIFICATE OF SERVICE I hereby certify that this document filed through the CM/ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) on January 28, 2013. /s/ Jeffrey Swope

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