San Bernardino Seal

By Ryan Hagen, The Sun
Posted: 11/15/13, 6:14 PM PST | Updated: 3 hrs ago

RIVERSIDE >> U.S. Bankruptcy Judge Meredith Jury on Friday dismissed CalPERS’ request that she certify the pension giant’s direct appeal to the 9th U.S. Circuit Court of Appeals, a decision that San Bernardino officials have said will save the city time and money in its already sprawling fight with CalPERS.

The California Public Employees’ Retirement System was seeking for a second time to appeal Jury’s decision that the city is eligible for bankruptcy protection.

In an order that runs just over one page, Jury said CalPERS’ plan would have been a poor use of court resources, too.

“The procedure asserted by CalPERS, in the Court’s view, is duplicative and not an efficient use of judicial resources,” she wrote. “… If this court had granted certification, CalPERS has proposed to also file a Motion for Leave in the 9th Circuit. This duplication is inefficient and possibly may lead to inconsistent results.”

CalPERS should instead allow the district court to rule, then may request the district court certify the direct appeal, Jury wrote.

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