Mercury Morris: More Questions for Larry Lamade
Dear Larry -
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I read your letter of July 9th, 2010 to Dave. I have a few questions of my own I’d like to ask. (Read the previous post by clicking HERE.)
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In your response to Dave, you stated, “I am a little confused by your phrase that you “continue” to seek…”
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Actually, it’s quite simple: I believe that we would all like you to produce whatever plan documents the Retirement Board’s counsel was using on March 29th 2002. In your earlier letter to Dave dated March 21st, 2008, you stated the following on Page 3 paragraph 1 line 3: “This 2001 amended and re-stated plan was agreed to by both parties on March 29, 2002. A participant who requested the “latest plan document” on March 29, 2002 would have received a copy of this document.”
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To clarify this issue, I would like to request a physical copy of that plan document you stated became available to all players/plan participants on March 29, 2002.
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That covers the first of the “answers” we all “continue to seek.” My second question is when did the Retirement Board’s legal agent (Groom Law Group) cease to use the 1995 Plan and begin to use the 2001 Plan that was amended and restated by your account on March 29, 2002? My third question: Were there any players given a copy of the 1995 Plan document from March 29, 2002 to September 5, 2005 (this date covers amendments to the Plan prepared by the Groom Law Group).
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In September of 2005, certain amendments not attached to the Plan were provided by the Retirement Board through its agent, the Groom Law Group. Were these amendments subsequently added to the April 1, 2001 amended and restated Plan?
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Those are the questions I have for now, Larry. If we could get a response to these questions it would certainly clear up a lot of “confusion” that might exist between us concerning material facts about the timeline, use and distribution of the Plan document.
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Thanks in advance
Mercury Morris
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EDITOR’S NOTE: Here’s a copy of a letter that Dave received from Groom Law Group dated December 12, 2007 declaring that there was NO 2005 Plan document and for Dave to stop annoying them (click on the thumbnail to enlarge for easier reading):
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Dave Pear
July 16th, 2010 at 10:53 AM #
Dear Groom Law Group & Doug Ell,
Your letter dated 12/12/07 reads, “There is no 2005 Plan document; in 2005, a Summary Plan description was issued.” (Read their letter – click HERE.)
However, the first page of the summary states, “It is not a substitute for the official Retirement Plan document”?
Since (you claim) there is no plan document for 2005, then what is this a summary of?
It seems to me that the Groom Law Group and Akin Gump can’t even agree on the Plan document for retired NFL players!
I used to call Sarah Gaunt (Director of player benefits) but she would hang up her phone as soon as she heard my voice so I “kindly refrained from bothering her.” So, who is or was the actual administrator of the Plan? And who do they answer to if not the retired players that they’re supposed to be working for?
Back on Nov. 9, 2007 when Michael Leahy (writer for the Washington Post) was at my house for an interview, we tried to call Sarah Gaunt and got Cynthia Timpson at the NFL Player Benefits Dept. instead. When I requested a copy of the plan, she first claimed, “It’s in storage.” (!!!) and then in her next breath said, “I don’t know where it is.” I then asked her if it really was in storage and she said, “Yes, it could be in storage.” But she did say that Paul Scott would get back with me and answer my questions. That was almost 3 years ago… But they always continued to refer me back to the Groom Law Group.
I recapped my conversation with Cynthia and sent it to Paul Scott & copied Congressman John Conyers.
How can a plan be so unavailable?
Regards,
Dave & Heidi Pear
Lee Bolton
July 30th, 2010 at 12:08 AM #
News just came out on CNN/SI about your latest lawsuit against the retirement board, Mercury. It’s sad that it had to come to this. I hope there is some way that you can get punitive damages. Best of luck and go get them!
Lee Bolton