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<DIV style="FONT: 10pt arial">----- Original Message -----
<DIV style="BACKGROUND: #e4e4e4; font-color: black"><B>From:</B> <A
title=dgreider@greiderlaw.com
href="mailto:dgreider@greiderlaw.com">dgreider@greiderlaw.com</A> </DIV>
<DIV><B>To:</B> <A title=chiphailey@cableone.net
href="mailto:chiphailey@cableone.net">Chip Hailey</A> ; <A
title=dhuff@moblind.org href="mailto:dhuff@moblind.org">Denny Huff</A> ; <A
title=b_armstrong2@sbcglobal.net
href="mailto:b_armstrong2@sbcglobal.net">Beverly Armstrong</A> ; <A
title=lindag@iland.net href="mailto:lindag@iland.net">Linda Gerken</A> ; <A
title=mysty0920@sbcglobal.net href="mailto:mysty0920@sbcglobal.net">Rose
Ledford</A> </DIV>
<DIV><B>Sent:</B> Monday, December 14, 2009 5:24 PM</DIV>
<DIV><B>Subject:</B> Special Master's Report</DIV></DIV>
<DIV><FONT face=Arial size=2></FONT><BR></DIV><SPAN
style="FONT-SIZE: 10pt; COLOR: #000000; FONT-FAMILY: Verdana">
<DIV><FONT face=Arial></FONT><BR></DIV>
<DIV>Friends:</DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>Late Friday Defendant's counsel and I received the final report of Dr. Jim
LePage, the Court-appointed Special Master.</DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>It is a lengthy and detailed report. </DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>I will get to the bottom line. </DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>Dr. LePage finds that the <STRONG>actual damages</STRONG> (underpayment to
the Plaintiff class) equal <STRONG>$23,592,004.00</STRONG>; Dr. LePage finds
that the <STRONG>prejudgment interest</STRONG> owed to the Plaintiff class
equals <STRONG>$16,103,110.00.</STRONG> </DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>Accordingly, he finds the <STRONG>total</STRONG> of actual damages and
interest owed to the Plaintiff class equals
<STRONG>$39,695,114.00.</STRONG></DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>Dr. LePage calculated the damages and interest going back to 1992 and
through FY2009. This is a huge amount of money.</DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>The State's Department of Social Services, I expect, is heartily
disappointed at these findings. I suspect that the Attorney General will
try to find fault with either the methodology or the assumptions that Dr. LePage
used, but given his credentials, the fact that he was appointed by the Judge,
and the obvious care and time he put into his report, this may present
difficulties for the Defendant. Of course, the Defendant is still arguing
that it should not have to pay you and other pensioners damages going back to
1992 but only back to 2001. We are still talking about a huge amount of
money, though, in the millions of dollars.</DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>The State has been saying for more than a solid year that they are going to
file another appeal. I guess that they might since so much money is at
stake. The interesting thing is that even were the Defendant to win
on some point, the class would still be owed millions of dollars and far more
than the Defendant has ever offered.</DIV>
<DIV>And, once the Judge enters judgment, post judgment interest begins which
could be $100,000 or so per month.</DIV>
<DIV>As I see it, we are close to the end--even if they appeal, we would be only
a year or so away from finality if the timing on the last appeal is any
indication.</DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV>The hearing on the Special Master's report is set for Decembr 17th (this
coming Thursday) in Jefferson City, MO, at the Cole County Courthouse before the
Hon. Patricia Joyce. This is a hearing which is open to the public if
anyone wishes to attend. It is supposed to start at 10:00 a.m. The
Judge originally said that we would have one and 1/2 hours. She then said
she could probably go longer--amybe til 12:30 or 1:00, but she did not guaranty
that much time. She has set the matter for a continued hearing on January
11. I am not sure of the time, but she did say we would start early.
I am sure she will clarify that on the 17th.</DIV>
<DIV> </DIV>
<DIV>So, if anyone wants to attend or will be in Jefferson City or lives nearby,
you are more than welcome. I expect that John Ammann and I will be there
and hopefully Amy Sanders and Barbara Gilchrist.</DIV>
<DIV> </DIV>
<DIV>The Courthouse is located at 301 E. High Street, Jefferson City, MO
65101-3273. In order to gain admittance, you must not carry firearms or
things which could be construed to be weapons--like Swiss Army Knife keychains,
etc. You must have a valid state id or driver's license if sighted
friends/family choose to attend. Of course, service animals are
permitted.</DIV>
<DIV> </DIV>
<DIV>You may recall--if you attended the trial--this is not the most accessible
building because it is a historic landmark. So, please be careful because
there are marblestone steps and floors which can be slick if there is
moisture.<BR></DIV>
<DIV>I expect that in January the issue of prejudgment interest--because it is
so much money--and attorneys' fees will be addressed. As you know, the law
school and I have an attorney's lien for 1/3 of the common fund (the total of
damages and interest). I know that I have told you all that I am willing
to come down from that (and I am sure the law school is willing as well), to 25%
or so but we would like to see the difference go to helping the blind
citizens of Missouri either as part of back payments or for services or to
organizations.</DIV>
<DIV> </DIV>
<DIV> I would like to see any unclaimed amounts go to helping blind
citizens as well and not go back into general revenue. I do not expect
that the Judge will deal with all these issues on Thursday. I think the
discussion and questions will focus just on the report of Dr. LePage.</DIV>
<DIV> </DIV>
<DIV>It has been a very long haul--nearly six years. But, I, for one, am
glad that we stuck with it. Had we not, the State would still be doing to
you all and to all the members in the class what it had gotten away with
for so long.</DIV>
<DIV> </DIV>
<DIV>Maybe I will see some of you on Thursday. I will keep you
posted. Best regards, Debbie</DIV>
<DIV>Deborah S. Greider<BR>Parkway Tower, Suite 620<BR>225 S. Meramec
Ave.<BR>Clayton, MO 63105<BR>314.726.1299<BR>fax: 314.727.9969<BR>Cell:
314.479.3745<BR>dgreider@greiderlaw.com<BR><BR>The Missouri Bar Disciplinary
Counsel requires all Missouri lawyers to notify all recipients of e-mail that
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it passes through as it goes from sender to recipient, (3) persons not
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improperly accessing your computer or my computer or even some computer
unconnected to either of us which the e-mail passes through. I am communicating
to you via e-mail because you have consented to receive communications via this
medium. If you change your mind and want future communications to be sent in a
different fashion, please advise.</DIV></SPAN>
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