You received the Notice because you were identified as a Direct Purchaser of AMSM Products from one or more of the following Defendants: Tong Yang Industry Co., Ltd., Taiwan Kai Yih Industrial Co., Ltd., TYG Products L.P., Jui Li Enterprise Co., Ltd., Gordon Auto Body Parts Co. Ltd., Auto Parts Industrial, Ltd., and Cornerstone Auto Parts, LLC (collectively, “Defendants”). You have a right to know about this lawsuit, the proposed settlement with API, and your legal rights and options before the Court decides whether to approve the Settlement. The API Notice explains the lawsuit, the proposed API Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. For your ease and convenience, you can review and download a copy of the API Notice on the Case Documents page of this website.Top
You are part of the Court certified Class, the Settlement, and the Action as a Direct Purchaser Class Member if you fit the following description:
All persons and entities in the United States, and its territories and possessions, that purchased Aftermarket Automotive Sheet Metal Products directly from any of the Defendants between
January 1, 2003 and September 4, 2009.
API has agreed to pay USD$3,250,000 in cash which, after Taiwan taxes, will net USD$2,600,000 in a United States escrow account, in six installments.
The Settlement Fund, plus (a) interest earned from the date it is established, and less (b) taxes, costs, attorneys’ fees, and expenses, and any amount attributable to opt-outs from the Class (the “Net Settlement Fund”), will be divided, pro rata, among all eligible Direct Purchaser Class Members who fit within the Court-certified class definition on page 3 and sent in valid Claim Forms in conjunction with the prior settlements (“Authorized Claimants”). Costs, fees, and expenses include Court-approved attorneys’ fees and expenses (see discussion of attorneys’ fee application at page 5 below), the costs of notifying Direct Purchaser Class Members, including the costs of printing and mailing this Notice, the cost of publishing notice, and the costs of claims administration.Top
The Settlement Fund amount originates from Taiwan, which is the location of API. According to Taiwan tax advisors, under Taiwan law, the settlement amount paid to the payee of funds (the Class) is subject to a withholding tax of 20% of the funds and the payor (API) is required to make that deduction before the funds leave Taiwan. API is obligated to produce proof of this tax withholding pursuant to the Settlement Agreement, which will be shared with Class Members. It may be possible that this 20% tax withholding can be offset against taxes due in the United States, if any, associated with the Settlement payment. You may want to explore this possibility with your tax professional.Top
Each Authorized Claimant shall be allocated a pro rata share of the Net Settlement Fund based on their volume of qualifying AMSM purchases as compared to the total volume of qualifying AMSM purchases of all Authorized Claimants. The Settlement Administrator shall determine each Authorized Claimant’s pro rata share of the Net Settlement Fund.
Distributions will be made to Authorized Claimants after the Court has finally approved the Settlement. If there is a balance remaining in the Settlement Fund after initial distribution of the Settlement Fund to Authorized Claimants and after all costs, fees, and expenses are paid (e.g., un-cashed checks or otherwise), the balance will, if feasible, be re-distributed to Authorized Claimants who have cashed their initial distributions and who would receive at least $5 from any re-distribution, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for the re-distribution. Any remaining balance shall be distributed as the Court may direct.Top
If you are a Direct Purchaser Class Member in this SEttlement, you can object to all or any part of the Settlement, the request for attorneys’ fees and expenses, the petition for Class Representative service awards, or the Plan of Allocation. You can give reasons why you think the Court should not approve them. The Court will consider your views before making a decision. To object, you must send a letter saying that you object to the proposed Settlement with API in Fond du Lac Bumper Exchange, Inc., et al. v. Jui Li Enterprise Company, Ltd., et al., 2:09-cv-00852 (E.D. Wis.).
Your objection must include:
Your objection must be mailed to the Settlement Administrator, Class Counsel, Counsel for API, and the Court and must be postmarked no later than July 3, 2019 for each.
Aftermarket Sheet Metal Settlement Administrator
c/o KCC Class Action Services
P.O. Box 404041
Louisville, KY 40233-4041
Jason S. Hartley
101 W. Broadway, Suite 820
San Diego, CA 92101
Counsel for API:
Ron C. Finley
The Honorable Lynn S. Adelman
United States District Court
Eastern District of Wisconsin
517 East Wisconsin Avenue, Room 364
Milwaukee, WI 53202
Vincent J. Esades
Heins Mills & Olson, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
"Released Claims" shall collectively mean any and all claims, demands, actions, suits, causes of action, whether class, individual, or otherwise in nature (whether or not any Class Member has objected to the Settlement or makes a claim upon or receives any portion of the Settlement Fund), whether directly, representatively, derivatively or in any other capacity that Class Members, or each of them, ever had, now has, or hereafter can, shall, or may have on account of, related to, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected injuries, damages, and the consequences thereof in any way arising out of or relating in any way to any act or omission of Releasees (or any of them) concerning the pricing, production, development, or sale of AMSM during the period between January 1, 2003 and September 4, 2009, including claims based on the conduct alleged and causes of action asserted or that could have been asserted, in complaints filed in the Action by the DPPs, including, without limitation, any claims arising under any federal or state antitrust, unjust enrichment, unfair competition, trade practice, statutory or common law, or consumer protection law (to the extent that a consumer protection claim would be based on allegation of an antitrust or unfair competition violation).
“Releasees” shall refer to API, and all of its past and present, direct and indirect, parents, subsidiaries, related entities and affiliates; API predecessors, successors and assigns; and each and all of the present and former principals, partners, officers, directors, investors, supervisors, employees, representatives, insurers, attorneys, heirs, executors, administrators, and assigns of each of the foregoing.Top
Class Counsel is seeking attorneys’ fees of up to 33% of the total Settlement Fund, payable only as a percentage of the funds actually deposited into the U.S.-based escrow account, and payment of litigation costs and expenses. Class Counsel’s motion for attorneys’ fees, costs and expenses will be filed with the Court and posted on the Case Documents page of this case website prior to the Final Approval Hearing. These costs and expenses include each law firm’s reported expenses and common costs to date. They intend to request $10,000 for each Class Representative for their help in conjunction with the API Settlement. The Court is not bound by the requests and has made no determination at this time regarding attorneys’ fees. The hearing on Class Counsel’s request for attorneys’ fees, payment of costs and expenses, and the potential service awards will be held on August 6, 2019 at 11:00 a.m., before the Court in Courtroom 390 of the United States District Court, 517 East Wisconsin Avenue, Milwaukee, WI 53202. The date and date of this hearing may be continued without further notice to the Class.Top
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time and in accordance with the instructions in this Notice, the Court will consider it. You may also hire your own lawyer to attend, at your own expense, but are not required to.
Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your desire to appear in Fond du Lac Bumper Exchange, Inc., et al. v. Jui Li Enterprise Company, Ltd., et al., 2:09-cv-00852 (E.D. Wis.). Your letter must include your name, address, telephone number, your signature, and evidence that you purchased AMSM directly from Defendants between January 1, 2003 and September 4, 2009. Your Notice of Intention to Appear must be sent to the Settlement Administrator, Class Counsel, Counsel for API, and the Court at the addresses listed above. Note, if you intend to object and present evidence at the hearings, your written objection must include the identity of any witnesses, if any, you intend to call to testify and any exhibits, if any, you intend to introduce into evidence at the hearing.Top
If you are included in the Class and you submitted a valid Claim Form in conjunction with the prior Settlements, you will automatically receive a payment from this Settlement if it is approved and becomes final. You will also be bound by all of the orders and judgments entered in the Settlement and the remaining Action.Top
The Notice and Settlement Agreement for the API Settlements are on the Case Documents page of this website. Additional materials from prior Settlements appear on the applicable Documents page of this website. You can also call the Settlement Administrator at 1-866-5892 or write to Class Counsel at one of the addresses listed above.Top