Surprise Ruling Decertifies Retiree Class in Lawsuit
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Thursday, NOVEMBER 30, 2017 VOLUME LIV, NUMBER 48 Your Local News Source Since 1963 SERVING DUBLIN, LIVERMORE, PLEASANTON, SUNOL Surprise Ruling Decertifies Retiree Class in Lawsuit An Oakland court reversed itself this week, decertifying the “class” “whether each class member has in fact been damaged at all.” of Lawrence Livermore National Laboratory retirees three years after UC health care benefits were available to the LLNL retirees from certifying it in a lawsuit aimed at regaining University of California the time of the Laboratory’s founding in 1952 until 2008, shortly after See Inside Section A health care. a for-profit consortium took over for the University as manager of the Section A is filled with The surprise decertification order was issued Monday by Superior national defense laboratory. information about arts, people, Court Judge George Hernandez, the judge who certified the class in 2014. The retirees considered the loss of UC health care to be a violation of promises made during their careers at the Laboratory -- promises on entertainment and special events. In his reversal, Hernandez acknowledged that certification is normally established early in a legal proceeding. That is not an “iron clad stan- which some of them based career decisions. They filed suit in 2010, and There are education stories, a dard,” however, particularly if it becomes clear that “individual issues the suit became a class action four years later. variety of features, and the arts will engulf the litigation,” he wrote. Following certification, the retirees spent many thousands of dollars and entertainment and That appears to be the case now, he indicated. In his judgment, it has compiling lists of those who might be eligible for UC health care and bulletin board. not actually been established that “any members of the putative class their survivors, sparring with University counsel and representatives of (of retirees) were damaged” by the loss of University of California LLNL over the completeness of records provided by those institutions. health care. Neither the retirees nor the University commented publicly on the de- A class-action trial might be appropriate if the main question is the certification order. At the time the Independent went to press, the retirees extent of individual damages -- but not if it remains to be resolved had not decided on next steps, which include the possibility of appeal. Film Maker New PAC Criticizes Wants Proposed Dublin to Park Fee Hikes Slow Growth A National Park Service pro- By Ron McNicoll posal to at least double peak- Dublin residents are forming a season entrance fees for many new Political Action Committee U.S. national parks is a mistake (PAC) in response to growth’s at several levels, according to a impacts on the city. prominent film maker who spoke The PAC, Dubliners United, last month at Livermore’s Bank- was taken from the name of a head Theater. grassroots organization formed The filmmaker is David Vassar, around the issues of school crowd- known for his films about state and national parks – particularly but ing and traffic congestion. not exclusively Yosemite – and his As its first mission, Dubliners passionate defense of the value that United has taken on the recall of public parks bring to society. school board trustee Dan Cun- Under the National Park Ser- ningham, who was first elected to vice proposal, a single, noncom- the board in 2008. mercial vehicle would have to pay Bobby Khullar, spokesperson $70 to enter 17 of the nation’s most Photo - Doug Jorgensen for Dubliners United, said that popular parks during the peak sea- The Third Annual Tri-Valley Turkey Burn, a 5K walk and 10K family fun run, was held on November 23. they want Cunningham recalled son next year. Those parks include The event, organized by Pleasanton North Rotary, raised funds and provided in-kind donations for for two reasons. One, he and Yosemite, Kings Canyon, Sequoia local youth services and Open Heart Kitchen. For story, go to page 7. certain other board members are and Joshua Tree in California. perceived as not coming up with That is up from $25 or $35, solutions needed to address school depending on the park. overcrowding. The other reason Entering by motorcycle would concerns a temperamental ex- cost $50, according to the pro- change with an audience member posal. Initiative Proposed to Lock in Housing at a school board meeting. Khullar Vassar called the new fees “a said, "It was the straw that broke terrible idea.” They are “precisely the camel’s back.” what you would expect from an Khullar said on Nov. 28 that Administration that embraces Numbers and Building Heights Dubliners United would file the profit as the highest of American ideals,” he said. The potential for an initiative of First Street whose businesses with autonomous cars, as well as documents necessary in Alameda Vassar quoted the “guiding to lock in housing numbers and back on the old Lucky site, land Uber and Lyft services. County and Sacramento to es- principles for national parks” that building heights on city owned included in the 8.2 acre develop- During the outreach, partici- tablish the PAC. Seed money for were laid down in 1865 by famed land in downtown Livermore was ment site. pants said that development the bank account is coming from architect Frederick Law Olmsted, raised by Mayor John Marchand. Marchand suggested in discuss- should reflect Livermore’s historic Dubliners United members. designer of New York City’s Cen- He spoke at the end of the pub- ing the future that the council character and surrounding archi- The PAC supporters are also tral Park, after he visited Yosemite lic hearing at Monday's council focus on the top priorities as tecture, using bricks and other watching the City Council to see at the request of the California meeting, noting that the initiative determined by the public during historic building materials. New who aligns with their ideas about government. would prevent a future council the outreach process. Over 2,000 buildings were preferred to be pausing growth, because of its ef- “Yosemite should be held, from increasing the housing num- community members participated. three stories or less in height, or no fect on school crowding and traffic guarded and managed for the free bers or the height of buildings. Parking topped the list, fol- higher than the Bankhead Theater. congestion, said Khullar. use of the whole people forever,” The council made no decisions, lowed by retaining community Open space was considered a (Dubliners United should not Olmsted wrote in his report to the continuing the session to Wed., character and design, and open key element in the development. be confused with Dubliners for state. Nov. 29 at 7 p.m. The meeting space. Marchand said after dealing Many of the younger members Change, an organization that has Yosemite, granted to Califor- took place after The Independent's with the top three elements, then of the audience stressed the need a PAC that has contributed money nia by Abraham Lincoln in 1864, deadline. the council could move ahead to for affordable housing. and endorsements in past cam- was the state’s first park. It was a At the Nov. 29 meeting, the complete a vision for the down- paigns over open space preserva- model for other national parks and The location of a boutique hotel council was to provide direction town. had been the focus of many during tion through Measure T, which became a national park itself after on development and evaluation of supported a council-set urban it reverted to federal ownership The main concerns related to a the outreach process, with oppos- concept plans for the city's 8.2 acre growth boundary on Dublin’s East in 1890. parking plan that ensured sufficient ing views on its location. Those Side.) In an interview, Vassar said downtown catalyst sites. The coun- spaces for both current and future supporting a westside hotel sub- that he believes the national parks cil was also expected to respond to uses. Disabled parking adjacent to stantially outnumbered those who The Dubliners United petition “belong to the people of the United a proposal from Livermore Stock- the Bankhead Theater was also a backed an eastside. Consultant on Move.org calls on Cunning- States. They own them outright, men's Rodeo Association. Another solid theme. During the outreach David Early of PlaceWorks stated ham to resign. If there were no and they maintain them through agenda action item addressed the public hearing, speakers asked that that experts emphasized the hotel resignation, Dubliners United will the federal taxes that they already potential acquisition of city prop- the council consider how parking should be located on Livermore aim for an election on the June pay.” erty by downtown property and needs could change in the future The parks preserve outstanding business owners along the area (See LIVERMORE, page 6) (See DUBLIN, page 5) (See PARK FEES, page 4) Gritstone Opens Dublin to Tap Experts New State-of- on Downtown Plan the-Art Facility By Ron McNicoll Haubert and Councilmember Arun in Pleasanton At its Nov. 21 meeting, the Goel voting against it. Vice-mayor Gritstone Oncology, a next- Dublin City Council approved Don Biddle, and councilmembers generation personalized cancer bringing in experts in urban plan- Abe Gupta and Melissa Hernandez immunotherapy company, an- ning to advise city staff advancing were the majority. nounced the opening of a new the Downtown Development Plan. Haubert and Goel wanted to 43,000 square-foot manufacturing The experts, who are volun- take a further step, seeking local facility in Pleasanton. teers, represent such fields as input before SFULI is involved, This fully-operational biomanu- marketing, development and city in order to spotlight what specific facturing facility, which includes planning.