SCREA vs. County of Sacramento Litigation Update

On May 24, 2013, the County of Sacramento filed a “Motion for Summary Judgment” with the United States District Court.  A “Summary Judgment” is a procedural device used in civil litigation to promptly and expeditiously dispose of a case without trial when there is no dispute as to the material facts of the case.

Back on April 1, 2011, the County filed a “Motion to Dismiss” in the same court and lost.  The judge denied the County’s “Motion to Dismiss” on March 31, 2012.  The current “Motion for Summary Judgment” by the County is scheduled for a hearing on June 28, 2013 in federal court with Judge Kimberly J. Mueller.  Usually a court will hold oral arguments on a “Summary Judgment” motion, although it may decide the motion on the parties’ briefs and supporting documentation alone.

In response to the County’s “Motion for a Summary Judgment”, Mark Merin, attorney for SCREA, filed several documents in opposition to the County’s statement of undisputed facts and supporting evidence.  Included in SCREA’s response are several written declarations including a declaration by Mark Merin, as well as a prior County Executive, a prior Chief Deputy County Executive, a prior Agency Administrator, a prior Deputy Director, a widow of a Supervising Probation Officer, a prior Board of Director of SCERS, a prior Sheriff’s Captain, and a prior Chief Deputy Sheriff who was on the County’s bargaining team.  Overall, these declarations provide many strong supporting statements why County employees and retirees believed that they were entitled to the continuation of retiree health and dental subsidies.

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