Case 1:08-cv JG-VVP Document 1083 Filed 06/27/14 Page 1 of 4 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Transcription

1 Case 1:08-cv JG-VVP Document 1083 Filed 06/27/14 Page 1 of 4 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK PRECISION ASSOCIATES, INC., et al., on behalf of themselves and all others similarly situated, Case No.: 08-CV (JG) (VVP) Plaintiffs, vs. PANALPINA WORLD TRANSPORT (HOLDING) LTD, et al. Defendants. DECLARATION OF STEVEN N. WILLIAMS IN SUPPORT OF PLAINTIFFS MOTION TO (1) PRELIMINARILY APPROVE SETTLEMENT WITH DEFENDANTS PANALPINA WORLD TRANSPORT (HOLDING) LTD., PANALPINA, INC., GEODIS S.A., GEODIS WILSON USA, INC., DSV A/S, DSV SOLUTIONS HOLDING A/S, DSV AIR & SEA LTD. F/N/A DFDS TRANSPORT (HK) LTD., JET-SPEED LOGISTICS, LTD, JET-SPEED AIR CARGO FORWARDERS (USA) INC., AND JET-SPEED LOGISTICS (USA), LLC; (2) CONDITIONALLY CERTIFY SETTLEMENT CLASS; AND (3) EXTEND THE CLAIMS FILING DEADLINE I, Steven N Williams, declare: 1. I am a partner at Cotchett, Pitre & McCarthy LLP, one of the law firms appointed by this Court to serve as Plaintiffs Interim Co-Lead Counsel in this case. 2. I respectfully submit this declaration in support of Plaintiffs Motion to (a) preliminarily approve the settlements reached with Defendants Panalpina World Transport (Holding) Ltd. and Panalpina, Inc., Geodis S.A., Geodis Wilson USA, Inc., DSV A/S, DSV Solutions Holding A/S, DSV Air & Sea Ltd. f/n/a DFDS Transport (HK) Ltd., Jet-Speed Logistics, Ltd., Jet-Speed Air Cargo Forwarders (USA) Inc., and Jet-Speed Logistics (USA),

2 Case 1:08-cv JG-VVP Document 1083 Filed 06/27/14 Page 2 of 4 PageID #: LLC and (b) to conditionally certify the Settlement Class. I have personal knowledge of the information set forth in this Declaration. 3. On behalf of Plaintiffs, I personally conducted extensive settlement negotiations with counsel for Defendants Panalpina World Transport (Holding) Ltd. and Panalpina, Inc. ( Panalpina ). These negotiations began in June 2010 and continued on and off until the parties reached an agreement in July of By the time we negotiated and reached the settlement agreement with Panalpina, we had litigated the case for over five years. We have had the benefit of information obtained from other Defendants cooperation. The resulting negotiations with Panalpina were at arms length and hard fought at all times. Among other items, we demanded and received from Panalpina revenue data and other information regarding its Freight Forwarding operations. The parties extensively negotiated many terms of the settlement, including the appropriate settlement approach, the appropriate relationship of affected revenue to the settlement, Panalpina s payment to the Class, and other issues. Resolution of these issues required multiple conferences among counsel. The settlement was ultimately reached with the assistance of a highly-experienced, third-party mediator, who assisted the parties in bridging their very real differences. The thirdparty mediator has assisted in other settlements reached in this case. Throughout this process, Panalpina has been represented by experienced, sophisticated counsel. 5. As part of the negotiation process, Interim Co-Lead Counsel researched, analyzed, and evaluated several contested legal and factual issues. As a result of those evaluations, and the previously described cooperation from certain other Defendants, my colleagues and I were well informed of the benefits, risks and consequences of the proposed 2

3 Case 1:08-cv JG-VVP Document 1083 Filed 06/27/14 Page 3 of 4 PageID #: settlement with Panalpina. Thus, Interim Co-Lead Counsel thoroughly evaluated the relative strengths and weaknesses of each side s litigation position in entering this settlement. 6. There was no collusion or preference among counsel for the parties at any time during these negotiations. To the contrary, these were hard-fought, fully informed, and contentious negotiations, during which on behalf of the Class we sought to obtain the most monetary benefit from Panalpina that we possibly could. Throughout our negotiations, Panalpina continued to seek dismissal of Plaintiffs claims against it. There was no discussion or agreement regarding the amount of attorneys fees Plaintiffs counsel would seek in this case. 7. The proposed settlement provides for notice to Class Members, along with Class Members rights to opt out of the proposed Class or object to the settlement. 8. I have practiced class action law since 1997 and have prosecuted numerous antitrust and other class actions. During that time, I have participated in many negotiations and settlements. In my opinion, the proposed Panalpina settlement is fair, adequate, and reasonable, provides substantial benefits to the Class, and avoids the delay and uncertainty of continued, protracted litigation with this particular Defendant. 9. To the best of Co-Lead Counsel s knowledge, no individual actions have been filed regarding an agreement during the Class Period to fix prices for Freight Forwarding Services. 10. A true and correct copy of the Settlement Agreement between Plaintiffs and Defendants Panalpina World Transport (Holding) Ltd. and Panalpina, Inc. ( Panalpina Settlement Agreement ), fully executed on March 18, 2014 is attached as Exhibit A to this Declaration. 3

4 Case 1:08-cv JG-VVP Document 1083 Filed 06/27/14 Page 4 of 4 PageID #: I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge and that this declaration was executed by me on June 27, 2014 in Burlingame, California. By: /s/ Steven N. Williams Steven N. Williams 4

5 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 1 of 41 PageID #: EXHIBIT A

6 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 2 of 41 PageID #: 15294

7 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 3 of 41 PageID #: 15295

8 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 4 of 41 PageID #: 15296

9 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 5 of 41 PageID #: 15297

10 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 6 of 41 PageID #: 15298

11 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 7 of 41 PageID #: 15299

12 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 8 of 41 PageID #: 15300

13 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 9 of 41 PageID #: 15301

14 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 10 of 41 PageID #: 15302

15 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 11 of 41 PageID #: 15303

16 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 12 of 41 PageID #: 15304

17 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 13 of 41 PageID #: 15305

18 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 14 of 41 PageID #: 15306

19 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 15 of 41 PageID #: 15307

20 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 16 of 41 PageID #: 15308

21 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 17 of 41 PageID #: 15309

22 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 18 of 41 PageID #: 15310

23 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 19 of 41 PageID #: 15311

24 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 20 of 41 PageID #: 15312

25 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 21 of 41 PageID #: 15313

26 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 22 of 41 PageID #: 15314

27 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 23 of 41 PageID #: 15315

28 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 24 of 41 PageID #: 15316

29 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 25 of 41 PageID #: 15317

30 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 26 of 41 PageID #: 15318

31 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 27 of 41 PageID #: 15319

32 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 28 of 41 PageID #: 15320

33 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 29 of 41 PageID #: 15321

34 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 30 of 41 PageID #: 15322

35 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 31 of 41 PageID #: 15323

36 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 32 of 41 PageID #: 15324

37 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 33 of 41 PageID #: 15325

38 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 34 of 41 PageID #: 15326

39 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 35 of 41 PageID #: 15327

40 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 36 of 41 PageID #: 15328

41 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 37 of 41 PageID #: 15329

42 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 38 of 41 PageID #: 15330

43 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 39 of 41 PageID #: 15331

44 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 40 of 41 PageID #: 15332

45 Case 1:08-cv JG-VVP Document Filed 06/27/14 Page 41 of 41 PageID #: 15333