Status of our Fight for our Pensions
- Details
- Published: Sunday, 02 July 2017 11:23
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.
