As you know, Judge Cohen had scheduled September 25 for decision on our motion to compel the Funds to provide and subsidize coverage.
He had also directed us to file a new complaint (which we did) and scheduled briefing on the City and Funds’ motions to dismiss.
While the “provide and subsidize” motion was fully briefed , our opposition to the motions to dismiss hadn’t been filed yet, nor the City and Funds’ Replies.
So today we are pretty surprised to receive Judge Cohen’s decision (attached) this afternoon, ruling that the only protected benefit is the subsidy and dismissing the rest of our Fourth Amended Complaint, without waiting for our opposition to the dismissal.
While this gives us his probable viewpoint, we think that ruling without waiting for the opposition brief is quite unfair and are filing our opposition brief today with a request to vacate (attached).
More on this over the next few days, but we wanted you to see it immediately.
It seems pretty likely we’re going to have to do another appeal.