Case 1:06-md JG-VVP Document Filed 12/01/14 Page 1 of 8 PageID #: 58087

Transcription

1 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 1 of 8 PageID #: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK IN RE: AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION THIS DOCUMENT RELATES TO ALL CASES 06-MD-1775 (JG (VVP MDLNo DECLARATION OF JAMES V. DICK Pursuant to 28 U.S.C. 1746, I, James V. Dick, state as follows: 1. I am an attorney with the law firm of Squire Sanders (US LLP, counsel ofrecord for China Airlines, Ltd. ("China Airlines" in the above-captioned action and in Benchmark Export Services, et al. v. China Airlines, Ltd., et al., Civ. No (filed Feb. 12,2010, E.D.N.Y., a subsequently-filed civil action consolidated into the above-captioned action. 2. I personally prepared the notice required under the Class Action Fairness Act of 2005,28 U.S.C ("CAFA" notifying the appropriate federal and state officials ofthe proposed settlement between China Airlines and the direct purchasers class plaintiffs, a copy of which is attached hereto as Exhibit A ("CAF A Notice". 3. I caused the CAFA Notice to be served via first-class U.S. mail, postage prepaid on the appropriate federal and state officials on May 16, I declare under penalty of perjury that the forgoing is true and correct. Executed on May 16,2014.

2 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 2 of 8 PageID #: SQUIRE(} SANDERS Squire Sanders {US LLP th Street, NW Suite300 Washington, DC F squiresanders.com James V. Dick T james.dick@squiresanders.com May 16,2014 VIA FIRST CLASS U.S. MAIL Hon. Eric H. Holder, Jr. Attorney General ofthe United States U.S. Depmiment of Justice 950 Pennsylvania A venue N. W. Washington, D.C State Attorneys General (See attached Distribution List Re: In re Air Cargo Shipping Services Antitrust Litigation, Civ. 06-MD-1775 (JG (VVP, MDL No (E.D.N.Y. Dear Sir or Madam: Pursuant to the Class Action Fairness Act, 28 U.S.C. 1715, China Airlines, Ltd. ("China Airlines" hereby provides this notice of its proposed class action settlement in the above-referenced matter CLmently pending in the U.S. District Court for the Eastern District of New York ("Air Cargo", and in Benchmark Export Services, et al. v. China Airlines, Ltd., et al., Civ. No (filed Feb. 12,2010, E.D.N.Y. ("Benchmark", a subsequently-filed civil action consolidated into Air Cargo. A motion for preliminary approval of the proposed settlement was filed with the court on May 8, In compliance with 28 U.S.C. 1715(b(l, (4, and (5, please find enclosed a CD containing copies of the following documents: 1. First Consolidated Complaint in Air Cargo, filed Feb. 8, 2007 (Exhibit 1, 2. Class Action Complaint in Benchmark, filed Feb. 12, (Exhibit 2; 3. Notice of a Status Conference in Air Cargo on June 26, 2014 (Exhibit 3; and

3 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 3 of 8 PageID #: Han. Eric H. Holder, Jr. State Attorneys General May 16, Plaintiffs' Motion for Preliminary Approval of Settlement with China Airlines, Ltd., filed May 8, 2014, including the following documents: a Plaintiffs' Notice of Motion for Preliminary Approval of Settlement with China Airlines, Ltd. (Exhibit 4; b Declaration of Robert N. Kaplan in Support of Plaintiffs' Motion for Preliminary Approval of Settlement with China Airlines, Ltd., including as Exhibit A a copy of the Settlement Agreement (Exhibit 5; c Memorandum in Support of Plaintiffs' Motion for Preliminary Approval of Settlement with China Airlines, Ltd. (Exhibit 6; and d Proposed Order on Motion for Preliminary Approval of Settlement with China Airlines, Ltd., and Certificate of Service (Exhibit 7. With regard to 28 U.S.C. 1715(b(2, no hearing currently is scheduled on the motion for preliminary approval of China Airlines' proposed settlement. On April 23, 2014, before the motion for preliminary approval of the proposed settlement was filed with the court, the Magistrate Judge scheduled a general Status Conference in Air Cargo for June 26, 2014, at 2:00 pm EDT. See Exhibit 3. With regard to 28 U.S.C. 1715(b(3, no proposed or final notification to class members has been filed with the court relating to China Airlines' proposed settlement. With regard to 28 U.S.C. 1715(b(6 and (8, there has been no final judgment or notice of dismissal yet filed relating to China Airlines' proposed settlement, nor has there been any written judicial opinion relating to the settlement materials. With regard to 28 U.S.C. 1715(b(7(A, because the proposed settlement class includes purchasers of air freight services from China Airlines or from any other Defendant, and because class counsel have not provided China Airlines with a list of all class members who reside in each state, it is not feasible for China Airlines to provide the names of class members residing in each state or an estimated proportionate share of the claims of such members to the entire settlement. Similarly, with regard to 28 U.S.C. 1715(b(7(B, China Airlines also is unable to reasonably estimate the number of class members residing in each state and the estimated proportionate share of the claims of such members to the entire settlement. China Airlines notes, however, that other settlements and proposed settlements previously noticed in this case contain the same settlement class definition as China airlines' proposed settlement, and the estimated number of class members residing in each state and the estimated propmiionate share of the claims of such members to the entire settlement should be the same for China Airlines' proposed settlement as for all other settlements and proposed settlements containing the same settlement class definition. - 2-

4 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 4 of 8 PageID #: Hon. Eric H. Holder, Jr. State Attorneys General May 16, 2014 Please contact the undersigned if you have any questions about this notice or require additional information. Sincerely, Enclosure - 3-

5 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 5 of 8 PageID #: DISTRIBUTION LIST State Attorneys General Attorney General Luther Strange Office of the Alabama Attorney General Post Office Box Montgomery, AL Attorney General Michael C. Geraghty Alaska Department of Law P.O. Box Juneau, AK Attorney General Talauega Eleasalo V. Ale American Samoa Gov't, Exec. Ofc. Bldg. Utulei Pago Pago, AS Attorney General Tom Horne Office of the Arizona Attorney General 1275 West Washington Street Phoenix, AZ Attorney General Dustin McDaniel Office of the Arkansas Attorney General 323 Center Street. Suite 200 Little Rock, AR Attorney General Kamala Harris Attorney General's Office California Department of Law 1300 "I" Street, Suite 1740 Sacramento, CA Attorney General John Suthers Colorado Department of Law 1300 Broadway, 1Oth Floor Denver, CO Attorney General George Jepsen Office of the Connecticut Attorney General 55 Elm Street Hartford, CT Attorney General Joseph R. Biden, III Delaware Department of Justice Carvel State Office Building 820 N. French St. Wilmington, DE Attorney General Irvin Nathan Office of the D.C. Attorney General One Judiciary Square 441 4th Street, N.W., Suite 1100S Washington, D.C Attorney General Pam Bondi State of Florida The Capitol PL-0 1 Tallahassee, FL Attorney General Sam Olens Georgia Department of Law 40 Capitol Square, SW Atlanta, GA Attorney General Lenny Rapadas Office of the Guam Attorney General 560 S. Marine Corps Dr., Suite 706 Tamuning, Guam Attorney General David Louie Department of the Hawaii Attorney General 425 Queen Street Honolulu, HI Attorney General Lawrence Wasden Office of the Idaho Attorney General Statehouse Boise, ID Attorney General Lisa Madigan Office of the Illinois Attorney General 100 W. Randolph Street Chicago, IL

6 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 6 of 8 PageID #: Attorney General Greg Zoeller Office of the Indiana Attorney General Indiana Government Center South 302 W. Washington Street, 5th Floor Indianapolis, IN Attorney General Tom Miller 1305 E. Walnut Street Des Moines, JA Attorney General Derek Schmidt Office of the Kansas Attorney General 120 S.W. loth Ave., 2nd Fl. Topeka, KS Attorney General Jack Conway Office of the Kentucky Attorney General 700 Capitol Avenue, Suite 118 Frankfort, KY Attorney General James D. Caldwell Office of the Louisiana Attorney General P.O. Box Baton Rouge, LA Attorney General Janet T. Mills Office of the Maine Attorney General State House Station 6 Augusta, ME Attorney General Douglas F. Gansler Office of the Maryland Attorney General 200 St. Paul Place Baltimore, MD Attorney General Mattha Coakley Massachusetts Attorney General 's Office One Ashblllton Place Boston, MA Attorney General Bill Schuette Dept. ofthe Michigan Attorney General 525 W. Ottawa Street P.O. Box Lansing, M Attorney General Lori Swanson Office of the Minnesota Attorney General State Capitol Suite 102 St. Paul, MN Attorney General Jim Hood Office of the Mississippi Attorney General Department of Justice P.O. Box 220 Jackson, MS Attorney General Chris Koster Missouri Attorney General's Office Supreme Court Building 207 W. High Street Jefferson City, MO Attorney General Tim Fox Montana Department of Justice Justice Bldg., 215 N. Sanders Helena, MT Attorney General Jon Bruning Office of the Nebraska Attorney General State Capitol P.O. Box Lincoln, NE Attorney General Catherine Cortez Masto Office of the Nevada Attorney General 1 00 N. Carson Street Carson City, NV Attorney General Joseph A. Foster New Hampshire Department of Justice 33 Capitol Street Concord, NH Attorney General John Jay Hoffman New Jersey Dept. of Law & Public Safety 25 Market Street P.O. Box 080 Trenton, NJ

7 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 7 of 8 PageID #: Attorney General Gary King Office of the New Mexico Attorney General P.O. Drawer 1508 Santa Fe, NM Attorney General Eric Schneiderman New York Department of Law The Capitol, 2"ct Floor Albany, NY Attorney General Roy Cooper North Carolina Department of Justice P.O. Box 629 Raleigh, NC Attorney General Wayne Stenehjem North Dakota Attorney General's Office State Capitol 600 E. Boulevard A venue Bismarck, ND Attorney General Joey Patrick San Nicolas Northern Mariana Islands Attorney General Administration Building P.O. Box Saipan, MP Attorney General Mike Dewine Office of the Ohio Attorney General State Office Tower 30 E. Broad Street Columbus, OH Attorney General Scott Pruitt Office of the Oklahoma Attorney General 313 NE 21st Street Oklahoma City, OK Attorney General Ellen Rosenblum Office ofthe Attorney General Oregon Department of Justice 1162 Court Street NE Salem, OR Attorney General Kathleen Kane Pennsylvania Office of Attorney General 1600 Strawberry Square Harrisburg, PA Attorney General Cesar R. Miranda-Rodriguez Office of the Puerto Rico Attorney General P.O. Box San Juan, PR Attorney General Peter Kilmartin Office of the Rhode Island Attorney General 150 S. Main Street Providence, RI Attorney General Alan Wilson South Carolina Attorney General's Office Rembert C. Dennis Office Bldg. P.O. Box Columbia, SC Attorney General Marty J. Jackley South Dakota Attorney General's Office 1302 East Highway 14, Suite 1 Pierre, SD Attorney General Robert E. Cooper, Jr. Office of the Tennessee Attorney General A venue N01ih Nashville, TN Attorney General Greg Abbott Office of the Texas Attorney General Capitol Station P.O. Box Austin, TX Attorney General Sean Reyes State Capitol, Room 236 Salt Lake City, UT Attorney General William H. Sorrell Vermont Attorney General's Office I 09 State Street Montpelier, VT I Attorney General Vincent Frazer Virgin Islands Dept. of Justice G.E.R.S. Complex C Kronprinsdens Gade St. Thomas, Virgin Islands

8 Case 1:06-md JG-VVP Document Filed 12/01/14 Page 8 of 8 PageID #: Attorney General Mark Herring Office of the Virginia Attorney General 900 East Main Street Richmond, VA Attorney General Bob Ferguson Office of the Washington Attorney General 1125 Washington Street SE P.O. Box Olympia, W A I 00 Attorney General Patrick Morrisey West Virginia Attorney General's Office State Capitol 1900 Kanawha Blvd. E. Charleston, WV Attorney General J.B. Van Hollen Office of the Wisconsin Attorney General State Capitol, Room 114 East P. 0. Box 7857 Madison, WI Attorney General Peter K. Michael Wyoming Attorney General's Office 123 Capitol Building 200 W. 24th Street Cheyenne, WY