UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
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,
Petitioner – Appellee
TRUSTEES OF BOSTON COLLEGE, ET AL.,
Movants – Appellants
NOTICE OF BOSTON COLLEGE OF SUGGESTION OF DEATH
Pursuant to Fed. R. App. P. 43(a)(1), Appellants Trustees of Boston College and two of its representatives, Robert K. O’Neill, 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 Court’s January 20, 2012, Findings and Order and dismiss this appeal as moot.
1. The Commissioner’s 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.
For the reasons stated in this notice, Boston College moves that this Court vacate the District Court’s 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)
EDWARDSWILDMAN PALMER LLP
111 Huntington Avenue
Boston, Massachusetts 02199-7613
Dated: January 28, 2013