Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-01236-LMB

Document 37

Filed 03/22/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS EVA P. WHITE, as Administratrix ) of the Estate of CHRISTINE H. ) ROBERTS, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-1236C (Judge Baskir)

DEFENDANT'S NOTICE OF CORRECTION Defendant, the United States, respectfully submits the following notice of correction regarding a statement made in the reply brief filed by the United States on September 12, 2006, and by counsel for the United States during oral argument held on November 16, 2006. Both in our reply brief and at oral argument, we represented that this case presents a question of first impression both for the Bureau of Justice Assistance ("BJA") and the Court. Def. Reply Br. at 8-9; see Op. at 12 (citing Tr. 51:22, 57:20). It subsequently was brought to the attention of counsel for the United States that, in 1995, BJA rendered a Public Safety Officers' Benefits ("PSOB") Act Claim Determination denying a claim by a deceased spouse's estate for an award pursuant to the PSOB Act. Att. A.

Case 1:05-cv-01236-LMB

Document 37

Filed 03/22/2007

Page 2 of 3

Thus, while this case appears to present a question of first impression for the Court, the question involved previously was addressed by BJA. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director Of Counsel: RAFAEL A. MADAN General Counsel JASON P. COOLEY Attorney Advisor Office of the General Counsel Office of Justice Programs Department of Justice 810 7th Street, N.W. Washington, D.C. 20531 March 22, 2007 s/Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 307-3050 Fax: (202) 307-0972 Attorneys for Defendant

-2-

Case 1:05-cv-01236-LMB

Document 37

Filed 03/22/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 22nd day of March, 2007, a copy of the foregoing "Defendant's Notice of Correction" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Allison Kidd-Miller