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

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.

Status of our Fight for our Pensions

[Updated January 13, 2017]  We continue to win in the courts at every critical juncture.  Delphi salaried retirees remain united, confident, and more determined than ever to see justice prevail in legal battle over that last seven years. We will show that the involuntary termination of our pension plan by the Pension Benefit Guaranty Corporation (PBGC) in 2009 violated the Employee Retirement Income Security Act of 1974 (ERISA) because:
  • the PBGC seized our plan without seeking the required approval of a federal district court;
  • the PBGC made no provision for substantial safeguards of the interests of retirees and our beneficiaries, as the PBGC is required to do.  Instead, it released liens against Delphi's foreign assets that would have helped protect retirees' interests;
  • Delphi Corporation, as the Plan Administrator, acted not as a fiduciary in the interest of retirees and beneficiaries, as required, but rather because it was being pressured by the federal government to terminate the plan as part of the government's orchestrated effort to restructure the U.S. auto industry as expediently and cheaply as possible.
We also believe the PBGC also violated our Fifth Amendment Constitutional right of due process when it terminated our plan without giving salaried retirees meaningful notice and without an opportunity to defend our interests in a federal district court hearing.

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Order for U.S. Treasury to Produce ALL Documents

U.S. District Court, District of Columbia
On July 15, 2016, Judge Emmet G. Sullivan issued a Minute Order requiring the U.S. Treasury to produce all documents listed on their Privilege Log.  All documents and evidence of privilege are to be provided to Judge Sullivan by 12:00 PM Monday July 25.
These documents have been sought over an extreme length of time to support the Delphi salaried retirees' fight for restoration of their full pensions.

Hearing Re-Scheduled; Order for U.S. Treasury to Produce Example Set of Documents Immediately

U.S. District Court, District of Columbia
On June 17, 2016, Judge Emmet G. Sullivan issued two Orders regarding the Delphi salaried retirees' motions to obtain the remaining documents withheld or redacted by the U.S. Treasury, needed to support the retirees' fight for restoration of their full pensions:
(1)  Order re-scheduling a Hearing, now to be held on Wednesday, July 20, 2016 at 10:00 AM ET
(2)  Order for the U.S. Treasury to produce a defined example set of the documents for the Judge's in-camera review, documents to be produced by Monday, June 20, 2016, 12:00 PM ET.