Update on Parker lawsuit IP: 72.64.185.153 Posted on May 14, 2011 at 01:10:22 AM by Sonny Lefstead
May 12, 2011
Dear Retirees,
As of this date, the judge has not ruled on Parker lawsuit. On April 28, 2011 attorney Wayne Thomas spoke to Pension Board attorney Ron Cohen. He asked for a joint attempt to persuade the judge to expedite his ruling on the Parker lawsuit. After waiting for a reply until May 9, 2011 he again attempted to get a reply regarding this request.
Below is a copy of the latest request. Still, there has been no answer from
the Pension attorneys.
Sonny Lefstead Ret TFR/PCFR
```````````````````````````````````````````````````````````````````````````````````````````````````````````````````````````
May 9, 2011
Via E-Mail and U.S. Mail
Ronald J. Cohen, Esquire
Ronald J. Cohen, P.A.
8100 Oak Lane, Suite 403
Miami Lakes, Florida 33016
Re: John N. Parker vs. The Board of Trustees of the City Pension Fund for
Firefighters and Police Officers' in the City of Tampa.
Case No. 07-CA-007198, Division L
Dear Ron:
It is now over six months since we argued the attorneys fee and settlement matters and submitted them to the judge for a final ruling. On April 28, 2011 I spoke to you regarding our making a joint attempt to persuade the judge to expedite his ruling on these issues. You indicated that you would have to get permission to agree to such an effort, but promised to get back to me by the end of last week. You did not do so, nor have you returned my calls of Friday, May 6.
The judge of this particular division is extremely over-worked, particularly under the current court funding conditions. He has many worthy cases that need to be ruled upon and new ones being filed every day. I believe it is important for us to do something to try to move this case to the front of the line.
The members of the Parker class, Le., my clients and the Pension Plan's beneficiaries, are not wealthy people and can use the $1,500 remaining to be distributed. I get calls almost every week from retirees regarding when they can expect their checks. They are very patient, but do not understand this delay. Of course, like all of us, these retirees are getting older every day. A number of them have passed on, even since the date of the hearing. It is a shame to let that happen. Moreover the fact of death itself creates new issues which complicate the payment of the balance of this long due benefit to an appropriate party. And, per the settlement agreement, nothing can be done to finalize the settlement until the judge approves the stipulated agreement And rules on the issues of fees and costs and those issues become final.
Since almost all of the class members are 65 or over, they are eligible to have their cases expedited under the law. I would propose that we use that fact, plus the equitable and practical reasons mentioned above, in a joint request to the court that it advance the decision in the Parker matter. Obviously, a joint approach is better and less problematical than either of us doing this unilaterally.
Please let me know as soon as possible whether the Board would agree to such a joint request.
Thank you in advance for. Your and the Board's consideration.