A quick update of the FPUC case. After a hearing on the afternoon of February 24, Judge Holbrook issued a stay of his earlier decision in which he ordered the state to obtain the FPUC funds from the U.S. Department of Labor. You may read the order here. We will of course appeal this decision.
Separately, we have asked the Tenth District Court of Appeals for an order requiring the Governor to send a letter to the Federal Government requesting the money. That motion will be fully briefed on Monday March 3, one week from today. We are hopeful that the Court of Appeals will see things differently than Judge Holbrook.
We have no idea why the Governor continues to refuse to ask for and at the very least secure the $900 Million in benefits owed to 330,000 Ohioans. Nothing in Judge Holbrook’s stay prevents him from asking for the money right now. The State’s right to appeal won’t be prejudiced and the state will be protected from the risk that if the federal dollars are reappropriated we would take action to obtain the money from the State of Ohio.
We hope the Governor reconsiders. Please keep encouraging him to do so.
We expect the Court of Appeals to consider this matter on an expedited basis.
