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November 9, 2017 Update
For Round 1 and Round 2 Claimants
The Claims Administrator continues to request, review and process documentation related to class member claims for Rounds 1 and 2. This additional review and analysis is designed to ensure that class member payments are accurate, consistent with the court-approved terms of the settlement agreement and consistent with the court-approved plan of allocation. We expect this review to continue into early 2018 and for Class Counsel to file a Renewed Motion to Distribute Settlement Funds in the first quarter of 2018 with the distribution of settlement funds to occur shortly after the Court’s approval of Class Counsel’s motion.
If you received a correspondence or other request from the Claims Administrator, please follow the instructions given and respond in the time frame provided. If you did not receive any correspondence or other request from the Claims Administrator, no action is required by you at this time.
All claimants will be notified of the outcome of their claims in early 2018. That notification will include instructions on how claimants can file an objection to their award or the settlement, should they choose to do so.
Class Counsel and the Claims Administrator continue to appreciate your patience throughout this process. Class Counsel filed a Status Report with the Court on October 17, 2017, which provided an updated on the claims administration process. Class Counsel will file Status Reports with the Court every 60 days, and these reports will be provided here on the case website.
For Round 3 Claimants
The Claims Administrator continues to process all Round 3 claims. Over the next few months, some Round 3 claimants will receive requests for additional information to support their claims. If and when you receive these requests, please follow the instructions given and respond in the time frame provided.
We expect to complete processing Round 3 claims in the first quarter of 2018 and expect Round 3 payments will be made either at the same time as Rounds 1 and 2 payments or shortly thereafter.
All claimants will be notified of the outcome of their claims before a Renewed Motion to Distribute Settlement Funds is filed with the Court. That notification will include instructions on how claimants can file an objection to their award or the settlement, should they choose to do so.
Class Counsel and the Claims Administrator continue to appreciate your patience throughout this process. Case status reports and any additional scheduling updates will be provided here on the case website.
On Tuesday, October 17, 2017, Class Counsel filed a Status Report with the Court providing information on the status of claims administration. The complete document can be found here. Class Counsel will provide the Court with updates on the status of claims administration every 60 days and these updates will be posted on this website.
On Friday, August 18, 2017, Class Counsel filed the following notice with the Court:
TO THE COURT AND ALL COUNSEL OF RECORD:
PLEASE TAKE NOTICE that Plaintiffs hereby withdraw without prejudice their Motion to Distribute Net Settlement Funds and Amend The Plan of Allocation filed with the Court on July 28, 2017 (“Motion”). See ECF Nos. 1402-1405. All proposed dates for objecting or responding to that motion are set aside.
Plaintiffs recently learned that some claims may have contained inaccurate information. Plaintiffs and the Claims Administrator are reviewing this information and will refile their motion after determining whether any claims filed by certain Class members contain material inaccuracies and, if so, adjusting the amounts proposed to be paid to each Class member.
Plaintiffs are sending individual electronic or mail notification of this Notice of Withdrawal to each person who filed a proof of claim and are posting this Notice on the Settlement website.
The complete document can be found here.
When additional information is available, it will be posted on this website.
The case was filed in the United States District Court for the Eastern District of New York. It is called Precision Associates, Inc. v. Panalpina World Transport, No. 08-cv-00042 (BMC)(PK). Freight forwarding companies (“Defendants”) around the world were sued by a group of businesses (“Plaintiffs”) who claim that the companies conspired, in violation of antitrust laws, to fix the prices for freight forwarding services during certain time periods. The Plaintiffs claim that the Defendants’ conspiracies were worldwide, including on shipping routes between the United States and China, Hong Kong, Japan, Taiwan, and the United Kingdom. Plaintiffs claim that Defendants agreed to fix various charges and surcharges associated with providing freight forwarding services.
All of the Defendants Plaintiffs sued have agreed to Settlements in the lawsuit. They are called Settling Defendants and are the following companies:
- ABX Logistics Worldwide NV/SA;
- EGL, Inc. and EGL Eagle Global Logistics, LP (“EGL”);
- Expeditors International of Washington, Inc. (“Expeditors”);
- Kuehne + Nagel International AG and Kuehne + Nagel, Inc. (“Kuehne + Nagel”);
- Nishi-Nippon Railroad Co., Ltd. (“Nishi-Nippon”);
- Schenker, Inc. and its parents, subsidiaries, and affiliates, including Deutsche Bahn AG, Schenker AG, and Bax Global, Inc. (“Schenker”);
- Morrison Express Logistics Pte. (Singapore) and Morrison Express Corporation (U.S.A.) (“Morrison Express”);
- United Aircargo Consolidators, Inc.;
- UTi Worldwide, Inc.;
- Vantec Corporation and Vantec World Transport (USA), Inc. (“Vantec”);
- Toll Global Forwarding (USA), Inc., Baltrans Logistics, Inc., and Toll Holdings Ltd. (“Toll”);
- Panalpina World Transport (Holding) LTD and Panalpina, Inc. (“Panalpina”);
- Geodis S.A. and Geodis Wilson USA, INC. (“Geodis”);
- DSV A/S, DSV Solutions Holdings A/S, and DSV Air & Sea Ltd. f/n/a DFDS Transport (HK) Ltd. (“DSV”);
- Jet-Speed Logistics, Ltd, Jet-Speed Air Cargo Forwarders (USA) Inc., and Jet-Speed Logistics (USA), LLC (“Jet-Speed”); and
- SDV Logistique Internationale.
- Agility Holdings, Inc.; Agility Logistics Corp.; Geologistics Corp.; and Geologistics International Management (Bermuda) Limited (together, “Agility”);
- Dachser GmbH & Co., KG, doing business as Dachser Intelligent Logistics; and Dachser Transport of America, Inc. (together, “Dachser”);
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the severed Japanese claims only;1
- DSV A/S; DSV Solutions Holding A/S; and DSV Air & Sea Ltd. formerly known as DFDS Transport (HK) Ltd. (together, “DSV”);
The “Japanese Defendants” included in one Settlement:
- Hankyu Hanshin Express Holding Corporation formerly known as Hankyu Express International Co., Ltd. and its subsidiary, Hankyu Hanshin Express Co., Ltd., and its U.S. subsidiary, Hanshin Air Cargo USA, Inc. (together, “Hankyu Hanshin”);
- Japan Aircargo Forwarders Association (“JAFA”);
- Kintetsu World Express, Inc. and its U.S. subsidiary, Kintetsu World Express (U.S.A.), Inc. (together, “Kintetsu”);
- “K” Line Logistics, Ltd., and its U.S. subsidiary “K” Line Logistics (U.S.A.), Inc. (together, ““K” Line”);
- MOL Logistics (Japan) Co., Ltd., and its U.S. subsidiary, MOL Logistics (USA) Inc. (together, “MOL Logistics”);
- Nippon Express Co., Ltd. and its U.S. subsidiary, Nippon Express USA, Inc. (together, “Nippon Express”);
- Nissin Corporation and its U.S. subsidiary, Nissin International Transport U.S.A., Inc. (together, “Nissin”);
- Yamato Global Logistics Japan Co., Ltd., and its U.S. affiliate, Yamato Transport U.S.A. Inc. (together, “Yamato”);
- Yusen Air & Sea Service Co., Ltd. and its U.S. subsidiary, Yusen Air & Sea Service (U.S.A.), Inc. (together, “Yusen”);
- Jet Speed Logistics, Ltd., also known as Jet Speed Air Cargo Forwarders (HK), Ltd.; Jet Speed Logistics (USA), LLC; and Jet-Speed Air Cargo Forwarders, Inc. (USA) (together, “Jet Speed”);
- United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc. (together, “UPS”).
- Deutsche Post AG; Danzas Corporation (doing business as DHL Global Forwarding); DHL Express (USA) Inc.; DHL Global Forwarding Japan K.K.; DHL Japan Inc.; Exel Global Logistics, Inc.; and Air Express International USA, Inc. (together, “DHL”) for the non-Japanese claims;
- Hellmann Worldwide Logistics GmbH & Co. KG, Hellmann Worldwide Logistics Ltd. Hong Kong, and Hellmann Worldwide Logistics, Inc. (together, “Hellmann”).
1 The severed Japanese claims are: Fuel Surcharge, Security & Explosives Examination Fee, Air AMS on routes from Japan to the United States, and the Regional Japanese Conspiracy.