1. Attorneys for the defendants PERA and the State of Colorado have demanded disclosure of all of Save PERA COLA’s documents and emails, such that we would have to basically disclose our contacts (i.e., you), emails between you and Save PERA COLA and/or plaintiffs, and donations to SPC you may have made. We have filed a brief to oppose the motion. At this time we have not disclosed, but may be
forced to do so by the court. We have already disclosed the amount of $25,000
that SPC has sent to our attorneys’ escrow account and the basic existence of
our semi-contingency funding agreement between the named plaintiffs and Stember
Feinstein Doyle & Payne, LLC. For more information, read the briefs. Find them by clicking on the Court Filings and Resources tab above.
2. Briefs and counterbriefs from both parties have been filed for Motions for Summary Judgment. These make for quite interesting reading as the legal arguments and relevant court cases are listed and the logic from them is explained in detail. Notably, the Defendants now claim that a Colorado Supreme Court case re Estate of DeWitt, 54 P.3d 849, 853 (Colo. 2002) applies in this case and they chide
the Plaintiffs’ attorneys for their ignorance of it. In Plaintiffs’ reply our attorneys explain why it does not apply. Defendants’ attorneys provide a long summary of COLA changes and a detailed history of the preparation for Senate Bill 10-001, as well as their explanation of PERA’s “actuarial necessity” claim, which was never defined in the law or declared by the legislature.
3. The Second Amended Class Action Complaint filed February 23 lists two new named plaintiffs John C. Fisher and Robert P. Laird, Jr., replacing Kathleen Hopkins, who chose to withdraw, and Lisa Silva-Derou, who was found to not have been eligible to represent the class. Defendants’ names are updated to reflect changes in elected positions in the state and in PERA. The document provides a clear statement of the constitutional issues being used in the challenge to Senate Bill 10-001 by plaintiffs.
4. On March 10, 2011 District Judge Robert S. Hyatt issued a Modified Case Management Order that includes: a trial date of February 6, 2012 for 3 weeks; disclosures occurring through fall of 2011; that the Motion for Class Certification schedule is as follows: a) class discovery occurring now and complete by June 28; b)
Defendants’ opposition due by July 29; c) Plaintiffs’ reply due by August 19.
5. There is an interesting summary of the lawsuit effort from the Friends of PERA website. It’s given from the perspective of one of PERA’s senior staff attorneys Adam
Franklin. Comments were made at the FoP General Meeting, on April 5: Click here to read the report (or paste in the URL box) http://www.friendsofpera.com/0405meeting.pdf.