Status of our Fight for our Pensions

    Updated July 5, 2018
For almost nine years, U.S. taxpayer-paid government lawyers have taken advantage of every procedural roadblock the law allows in an effort to keep from us emails and other evidence that are relevant proving to our case.
Our legal team has won and reviewed – from the Pension Benefit Guaranty Corporation, U.S. Treasury Department, and other sources – hundreds of thousands of documents totaling two million pages.  Virtually every ruling by Federal judges in Detroit, Cincinnati, and Washington over this time has supported our request for transparency so we can gain the evidence we need to have our "day in court."  We are now working on two legal fronts.
First – U.S. District Judge Emmett G. Sullivan in Washington DC Ordered that U.S. Treasury provide to DSRA's attorneys relevant portions of approximately 60 documents – relating to GM, Delphi or the PBGC – that the government has sought to keep from us under the assertion of "presidential communication privilege."  Judge Sullivan reaffirmed this in an Order on July 12, 2017, ordering that U.S. Treasury must produce to us the portions of these documents by July 21.
In his July 12 Order, Judge Sullivan wrote: "the court is persuaded by respondents' [DSRA's] arguments that further delay could cause substantial harm to respondents, who are pensioners in varying stages of retirement ..."  Judge Sullivan wrote in one recent Order that we are entitled to this information because it is "not merely demonstrably relevant, but indeed substantially material to their [DSRA’s] case."
U.S. Treasury remains determined to block production of approximately 60 remaining documents, and took the matter to the U.S. Court of Appeals for the District of Columbia.  On December 8, 2017, the Appeals Court remanded the matter back to District Court Judge Sullivan, asking him to further explain the legal basis for his July 12 order.  Judge Sullivan has now received input from attorneys for both U.S. Treasury and the Delphi Salaried Retirees Association; we await the judge’s next action.
Second – U.S. District Court Judge Arthur Tarnow in Detroit ordered on July 3, 2018, that separate dispositive motions by DSRA and the PBGC should be filed with the Court by September 14, 2018.  Ours will be a Motion for Summary Judgement, a public document to be posted on this website and available for anyone to see.  It will include the most compelling evidence we’ve gathered over the past nine years.  We will argue that there is no need for a jury trial because the preponderance of that evidence proves that the PBGC terminated our pension plan illegally.  Therefore, we believe the judge will have sufficient grounds to order the PBGC to restore our full pensions – retroactively.