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Published: Friday, 14 July 2017 06:30
U.S. District Court, District of Columbia
Updated June 26, 2018. On July 12, 2017, Judge Emmet G. Sullivan Ordered U.S. Treasury to produce by July 21, 2017, the final 63 documents related to the Delphi salaried retirees' case for restoration of their pensions.
U.S. Treasury has repeatedly taken action in court to avoid compliance with the Judge's previous Order and avoid production of these documents. On July 17, 2017, U.S. Treasury to the further step to avoid producing the required documents by taking their claims of Privilege to the U.S. Court of Appeals for The District of Columbia Circuit. On December 8, 2017, the U.S. Court of Appeals ruled to Remand to District Court Judge Sullivan. Additional information has been provided to Judge Sullivan to support his review, a further ruling is awaited.
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Published: Sunday, 02 July 2017 11:23
Updated December 12, 2018
After nine years in our lawsuit against the Pension Benefit Guaranty Corporation, 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. On October 24, Senior U.S. District Judge Arthur J. Tarnow indicated that he wanted to get a date on his calendar to hold a hearing on the DSRA’s Motion (that he rule in our favor), and the PBGC’s Motion (that he dismiss our lawsuit). The hearing is scheduled for March 6, 2019, at 2:30 PM in Detroit.
Our motion 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. It asserts that there is no need for a 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.
Separately, on December 5, 2018, DSRA received the last of several thousand documents that U.S. Treasury fought for six years to deny us because it claimed they were protected by the either the deliberative privilege, or the presidential communications privilege. But in the end, we won every document we sought that was relevant to our lawsuit against the PBGC. It took a six year legal action against Treasury before U.S. Federal District Judge Emmet Sullivan in Washington, D.C., who issued several orders during the period that supported our subpoena of the documents.
During the nine years of our lawsuit’s discovery phase, U.S. taxpayer-paid lawyers in the Department of Justice took advantage of every procedural roadblock the law allows to deny us emails and other evidence that are relevant proving to our case. But our legal team prevailed, winning hundreds of thousands of documents (totaling two million pages) from the PBGC and, U.S. Treasury. Virtually every ruling by Federal judges in Detroit, Cincinnati, and Washington during these nine years supported our assertion that we were entitled to the documents.
Powerful evidence that support all four counts of our lawsuit was revealed in the PBGC and U.S. Treasury documents. Now, we look forward to the hearing Judge Tarnow has called in Detroit on March 6, 2019.
