Status of our Fight for our Pensions

    Updated October 18, 2018
After nine years, the DSRA on September 21, 2018, filed its Motion for Summary Judgment with the United States District Court for the Eastern District of Michigan Southern Division.  It is more than 150 pages, accompanied by some 150 exhibits – over 800 pages in all.  It details the most compelling evidence we’ve gathered – much of it from the government after several judges ordered it to do so.  Our Motion is also bolstered by considerable research of case law by our legal team.
Our Motion asserts that there is no need for a jury trial because the preponderance of the evidence proves that the PBGC terminated our pension plan illegally.  Based on the strength of our evidence, we believe the judge will have sufficient grounds to order the PBGC to restore our full pensions – retroactively.  The Court is now able to begin reviewing the material.
Meanwhile, two, successive, 30-day periods commence during which DSRA and the PBGC have an opportunity to comment to the Court regarding the other's filings.
DSRA has conducted a separate, six‑year legal action to obtain 61 documents that U.S. Treasury seeks to withhold from us on the claim of presidential communications privilege.  On October 15, 2018, U.S. Federal District Judge Emmet Sullivan, in Washington, D.C., issued a second Memorandum Opinion that DSRA has indeed demonstrated a need to see 60 of the documents.  Judge Sullivan ordered U.S. Treasury to submit to him by October 24, 2018, a written justification for each of the 60 documents, explaining why each document does not contain evidence that might be reasonably relevant to the claims DSRA is making in our lawsuit suit against the PBGC.
Since our lawsuit was filed on September 14, 2009, U.S. taxpayer-paid government lawyers have taken advantage of every procedural roadblock the law allows to deny us emails and other evidence that are relevant proving to our case.  Our legal team has won – 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.