Plaintiffs File Response to PBGC Response to Motion to Enforce Court Order

The following Motion was filed in The United States District Court For The Eastern District Of Michigan Southern Division:

REPLY BRIEF IN SUPPORT OF PLAINTIFFS’ RULE 37 MOTION TO ENFORCE THIS COURT’S ORDER GRANTING PLAINTIFFS’ SECOND MOTION TO COMPEL DISCOVERY FROM DEFENDANT PENSION BENEFIT GUARANTY CORPORATION

Plaintiffs' Resp to PBGC Resp 2013-03-27

Prior references: Motion to Enforce 2013-02-21 | PBGC Resp 2013-03-13

Motion filed on behalf of Delphi Salaried Retirees

The following Motion was filed in The United States District Court For The Eastern District Of Michigan Southern Division.

PLAINTIFFS’ RULE 37 MOTION TO ENFORCE THIS COURT’S ORDER GRANTING PLAINTIFFS’ SECOND MOTION TO COMPEL DISCOVERY FROM DEFENDANT PENSION BENEFIT GUARANTY CORPORATION

ARGUMENT:

I. The PBGC Has Violated the Court’s March 9, 2012 Order by Refusing to Produce Documents Related to the Plan’s Benefits and Liabilities, and the PBGC’s Related Recoveries

II. The PBGC Has Violated the Court’s March 9, 2012 Order by Refusing to Produce Thousands of Unspecified Responsive Documents on the Basis of Boilerplate Privileges

III. The Court Should Award Plaintiffs Their Reasonable Expenses Incurred in Making this Motion Pursuant to Fed. R. Civ. P. 37(a), and, If the PBGC Continues to Disregard This Court’s Discovery Orders, the Court Should Make Appropriate Findings of Fact Against the PBGC Pursuant to Fed. R. Civ. P. 37(b)

Complete text of Motion To Enforce as filed

2-18-10: Today Was A Very Good Day For DSRA

Today was a very good day with regard to our on-going, and unrelenting, efforts to obtain "fair and equitable" pension treatment for all of the pension eligible Delphi salaried retirees and active Delphi employees.

We were very pleased with the most recent Michigan Federal District Court Judge's ruling which was issued this morning.

In addition, there were no negatives coming from the status and settlement conference involving "all parties" which was held this afternoon.

Click here for a video of the DSRA's attorney comments after the Feb. 18, 2010 court appearance in Detroit District Court.

 

No further comment is appropriate at this time.

Den Black - Interim Chair, DSRA

2-10-10: Judge Rejects GM, Government Requests for Delay; DSRA Attorneys Prepare for Feb. 18 Conference

Our attorneys continue to prepare for the status and settlement conference to be held in Detroit federal court on February 18.  This past week, the Court entered an order setting February 16 as the date for the Federal defendants to answer our amended complaint.  This is significant because these defendants had also asked for a "stay" of the proceedings well beyond February 16, so as to assist GM in its illicit effort to shift some of our case to the bankruptcy court in New York City.  Our attorneys have strongly opposed those efforts to stay any aspect of our case, and so far the Federal Court in Detroit has rejected the Federal defendants' request.  We also believe that the court continues to work on an additional ruling on our preliminary injunction request.  At this point, the court order in effect is that the PBGC should escrow the difference between our reduced benefits and our full benefits.  While the PBGC has moved to amend or strike that order, the Court has not done so, and may be drafting a more comprehensive order directing the PBGC to respect our rights and preserve our funds in an escrow account.