June 21 Update

Chief Judge Robert S. Hyatt of the Denver District Court issued yesterday a comprehensive Order that denies various Plaintiffs’ motions to:

a) remove Kathleen Hopkins as a named plaintiff (which was solely at her request);

b) add Meredith Williams, PERA Executive Director, as a named defendant;

c) strike the use of an inadvertently disclosed e-mail by plaintiffs’ attorney to defendants’ attorney;

d) withhold from disclosure certain of plaintiffs’ documents and emails;

e) grant the Plaintiffs’ request for Partial Summary Judgment.

The Defendants’ Motion to Compel Documents Responsive to PERA’s First Request for Production of Documents was granted, (which Plaintiffs had opposed.) As such, all Save PERA COLA (and other third parties) emails and records of contributors will be disclosed to Defendants. Also, each named plaintiff must disclose all requested documents to defendants.

The judge notes at the end of the order that “The Court is aware that Defendants have a pending Motion for Summary Judgment which recently came at issue and that ruling will be provided separately.”

Our comment: While none of these orders by the court went in favor of the plaintiffs, none will prevent the case from going forward to trial on February 6, 2012.  Class certification and discovery are in progress. For a more complete understanding of the Order, you may read the Order in the Court Filings and Resources tab above. When the judge will rule on the Defendants’ Motion for Summary Judgment is not known, but we will send it to you as soon as we receive it.

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3 Responses to June 21 Update

  1. Al Moncrief says:

    P.S. FYI, John Bury is an actuary. Makes you wonder why Colorado PERA’s actuaries embraced this prima facie unconstitutional scheme. Al

  2. Al Moncrief says:

    Here’s an interesting comment from the pension blogger John Bury: Essentially, if the taking of the New Jersey COLA from retirees withstands court challenge it will “legalize theft.” See the blog:

    http://burypensions.wordpress.com/2011/06/27/winning-the-cola-war/

  3. Algy Moncrief says:

    It looks like the State of New Jersey also wants to be sued. They’re ignoring their own legal opinions and have decided to attempt a COLA theft. The bill is going to the Governor. Here is a story discussing the taking of the contracted COLA benefit:

    http://www.njspotlight.com/stories/11/0621/0239/

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