Status of our Fight for our Pensions

Today, the Delphi salaried retirees are closer than ever to winning their case for restoration of their full pensions.  We remain united, confident, and more determined than ever to see justice prevail in our legal battle.
For almost eight 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 – more than 100,000 documents totaling over a 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.”
The most recent – and highly notable – ruling was made by U.S. District Judge Emmett G. Sullivan in Washington on April 13, 2017.  His Opinion and Order required that we be given 63 documents that the government sought to keep from us under the assertion of “presidential communication privilege.”
However, Judge Sullivan  has now ordered that we receive:
  • Drafts of certain presidential speeches;
  • Certain draft memos from government staffers to Dr. Lawrence Summers, who in 2009 was assistant to President Obama for economic policy.  These memos were requested by Dr. Lawrence Summers; 
  • Certain emails between Auto Task Force members concerning advice to be provided to President Obama; and
  • A handwritten request from President Obama to consult Dr. Summers regarding the Delphi salaried pension plan.
Judge Sullivan wrote in his order that we are entitled to this information because it is “not merely demonstrably relevant, but indeed substantially material to their [DSRA’s] case.”  Judge Sullivan’s comments make Former Vice President Biden’s comments (video) to a reporter from WFMJ-TV, (Channel 21, Youngstown, OH) in May of 2012 very interesting.
Since Judge Sullivan's Order of April 13, 2017, Department of Justice (representing U.S. Treasury) has caused multiple exchanges in court that resulted in a further Order from Judge Sullivan on June 7, 2017, for U.S. Treasury to produce relevant portions of the documents by June 30, 2017.
Delphi salaried retirees' attorneys are also preparing to depose several former officials, and then file a Motion for Summary Judgment with U.S. District Judge Arthur Tarnow in Detroit.  The motion we file will include all of the evidence we’ve gathered and state 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.