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Pension Restoration

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U.S. Treasury Determined to Prevent Release of Documents

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Published: Friday, 28 April 2017 00:00
U.S. District Court, District of Columbia
[Latest update 21 June 2017, additional filings]  On May 22, 2017, U.S. Treasury yet again delayed production of documents Ordered by Judge Emmet G. Sullivan on April 13 by filing a Motion for Reconsideration – U.S. Treasury is continuing their obstructive behavior to avoid compliance with the Judge's Order and avoid production of these documents.
After causing multiple time consuming court exchanges, U.S. Treasury was Ordered by Judge Sullivan on June 7, 2017, to provide redacted Documents.  On June 14, and June 19, 2017, U.S. Treasury again delayed compliance by filing a Notice of Appeal and Motion for Stay.

Judge Sullivan Orders Release of U.S. Treasury Privileged Documents

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Published: Friday, 14 April 2017 00:00
U.S. District Court, District of Columbia
On April 13, 2017, Judge Emmet G. Sullivan issued an Opinion and Order requiring the U.S. Treasury to produce "forthwith" an additional 63 documents on which they were claiming Presidential Communications Privilege. 
These documents have been sought from the U.S. Treasury over an extreme length of time and will allow Delphi salaried retirees to move their legal fight for restoration of their full pensions into the next phases.

Order and Opinion: U.S. Treasury to Produce Documents, Wasted Court's Precious Time!

Details
Published: Thursday, 22 December 2016 08:00
U.S. District Court, District of Columbia
On December 20, 2016, Judge Emmet G. Sullivan issued an Order and Opinion requiring the U.S. Treasury to (1) produce "forthwith" many of the remaining documents they have been claiming are privileged, and (2) produce by January 10, 2017, a new Privilege Log for the remaining documents along with "submission clearly articulating why each document, or document portion, is protected by the privilege asserted."
Judge Sullivan noted that the U.S. Treasury "has essentially wasted this Court’s precious and limited time" and that, when challenged, the U.S. Treasury had already revoked its claims of privilege for nearly 640 documents. 
These documents have been sought from the U.S. Treasury over an extreme length of time to support the Delphi salaried retirees' fight for restoration of their full pensions.

Favorable Ruling for Delphi Retirees in US District Court, Detroit MI

Details
Published: Saturday, 12 March 2016 13:00
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Case No. 2:09-cv-13616, Dennis Black, et al., Plaintiffs,
v. Pension Benefit Guaranty Corporation, Defendant:
OPINION AND ORDER GRANTING PLAINTIFFS’ RULE 37 MOTION TO ENFORCE COURT ORDER [275] AND DENYING PLAINTIFFS’ MOTION FOR LEAVE TO FILE A SUPPLEMENTAL REPLY BRIEF [280]
In an order just issued, Magistrate Judge Mona K. Majzoub ruled:
(a)  "~Defendant has not produced all of the approximately 30,000 documents that it had previously withheld on the basis of privilege, it will do so within thirty (30) days of this Order. Failure to comply with this Order may result in sanctions; and
(b)  Defendant will produce all documents in its possession related to an audit of the Plan’s assets as they are responsive to Plaintiffs’ Request for Production no. 12 within thirty (30) days of this Order. IT IS FURTHER ORDERED that Plaintiffs’ Motion for Leave to File a Supplemental Reply Brief [280] is DENIED as moot."
Update June 14, 2016 – PBGC has finally provided documents in compliance with Judge Majzoub's order, documents are being reviewed by Delphi salaried retirees' attorneys.

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