Status of our Fight for our Pensions

    Updated September 22, 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 Emmet 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.
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 – As directed from a Status Conference held on June 5, 2018, and delayed one week by agreement, Motions for Summary Judgment have been filed by both Delphi Salaried Retirees Association and Pension Benefit Guaranty Corporation on Friday, September 21, 2018.  Opposition filings are due by October 29, and Replies are due by November 23, 2018.

U.S. Treasury Determined to Prevent Release of Documents

U.S. District Court, District of Columbia
[Latest update 27 June 2017, additional filings]  On May 22, 2017, U.S. Treasury yet again delayed production of documents Ordered by Judge Emmet G. Sullivan on April 13 by filing a Motion for Reconsideration – U.S. Treasury is continuing their obstructive behavior to avoid compliance with the Judge's Order and avoid production of these documents.
After causing multiple time consuming court exchanges, U.S. Treasury was Ordered by Judge Sullivan on June 7, 2017, to provide redacted Documents.  On June 14, and June 19, 2017, U.S. Treasury again delayed compliance by filing a Notice of Appeal and Motion for Stay.  On June 26 Judge Sullivan Ordered a further Hearing, scheduled for Wednesday July 12, 2017.

Judge Sullivan Orders Release of U.S. Treasury Privileged Documents

U.S. District Court, District of Columbia
On April 13, 2017, Judge Emmet G. Sullivan issued an Opinion and Order requiring the U.S. Treasury to produce "forthwith" an additional 63 documents on which they were claiming Presidential Communications Privilege. 
These documents have been sought from the U.S. Treasury over an extreme length of time and will allow Delphi salaried retirees to move their legal fight for restoration of their full pensions into the next phases.

Order and Opinion: U.S. Treasury to Produce Documents, Wasted Court's Precious Time!

U.S. District Court, District of Columbia
On December 20, 2016, Judge Emmet G. Sullivan issued an Order and Opinion requiring the U.S. Treasury to (1) produce "forthwith" many of the remaining documents they have been claiming are privileged, and (2) produce by January 10, 2017, a new Privilege Log for the remaining documents along with "submission clearly articulating why each document, or document portion, is protected by the privilege asserted."
Judge Sullivan noted that the U.S. Treasury "has essentially wasted this Court’s precious and limited time" and that, when challenged, the U.S. Treasury had already revoked its claims of privilege for nearly 640 documents. 
These documents have been sought from the U.S. Treasury over an extreme length of time to support the Delphi salaried retirees' fight for restoration of their full pensions.