CORRECTION... IP: 198.199.208.110 Posted on February 4, 2009 at 00:36:18 AM by Pat Lynch
Close Jerry, but no cigar. You inadvertently mixed lawsuits #2 & #3. Here's a quick update on both cases. Remember that I can't discuss the merits or Board's position on these.
Lawsuit #2 (John Parker case):
The attorneys are working on the Class Notice. Once the notice is agreed upon it will go to Judge Nielsen for his signature. It will then be sent out by the pension office since certain addresses are confidential and can't be released. The two remaining issues in this case are the interest and attorney fees. Obviously both sides have different views on how these should be handled. As far as I know, the Board has not received a settlement proposal from Parker or his attorney. Make sure the pension office has your correct address so you will receive it without delay. The notice should be self-explanatory and will answer most of your questions, just be patient and wait for it in the mail.
Lawsuit #3 (Fred Pena case):
This case is somewhat related to lawsuit #2. It involves interest alleged to be due to DROP members only involving the same 13th check from lawsuit #2. Our attorneys have filed a Motion to Disqualify the attorney representing Pena because he happens to be our former board counsel James Loper. Judge Stoddard will be hearing our motion at 1:30 pm on Tuesday, February 24th. The lawsuit is at a stand-still until Judge Stoddard rules whether Mr. Loper can continue as counsel or whether Pena will need to find a new attorney. Obviously, just like most other court matters, this hearing will be open to the public. I would encourage anyone with an interest in this case to attend and watch the wheels of justice turn.