Case 1:09-cv-10309-JLT Document 14 Filed 05/01/09 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF MASSACHUSETTS

CIVIL ACTION
NO. 1:09-cv-10309-JLT
__________________________________________
NANCY GILL & MARCELLE LETOURNEAU, )
MARTIN KOSKI & JAMES FITZGERALD, )
DEAN HARA, )
MARY RITCHIE & KATHLEEN BUSH, )
MELBA ABREU & BEATRICE HERNANDEZ, )
JO ANN WHITEHEAD & BETTE JO GREEN, )
RANDELL LEWIS-KENDELL, )
HERBERT BURTIS, and )
KEITH TONEY & ALBERT TONEY III, )
Plaintiffs, )
)
v. )
)
OFFICE OF PERSONNEL MANAGEMENT, )
UNITED STATES POSTAL SERVICE, )
JOHN E. POTTER, in his official capacity as )
the Postmaster General of the United States of )
America, )
MICHAEL J. ASTRUE, in his official capacity )
as the Commissioner of the Social Security )
Administration, )
HILLARY RODHAM CLINTON, in her official )
capacity as United States Secretary of State, )
ERIC H. HOLDER JR., in his official capacity )
as the United States Attorney General, and )
THE UNITED STATES OF AMERICA, )
Defendants. )
__________________________________________)

NOTICE OF DISMISSAL, IN PART, WITHOUT PREJUDICE

BY PLAINTIFF DEAN HARA

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the Plaintiff Dean Hara hereby gives

notice of dismissal without prejudice of that particular portion of Count III of the

Complaint against Defendant Office of Personnel Administration that asserts an action

 Case 1:09-cv-10309-JLT Document 14 Filed 05/01/09 Page 2 of 2

against the Office of Personnel Management for the denial of a spousal survivor annuity

to Plaintiff Dean Hara under 5 U.S.C. §§8339 and 8341 as the result of the death of his

spouse, a former Member of Congress. That particular action against OPM is set forth in

Paragraphs 375 through 383 of the Complaint.

DEAN HARA

By his attorneys,

GAY & LESBIAN ADVOCATES &

DEFENDERS

/s/ Gary D. Buseck .

Gary D. Buseck, BBO #067540
gbuseck@glad.org
30 Winter Street, Suite 800
Boston, MA 02108
(617) 426-1350

DATED: May 1, 2009