Magazine for the professional limousine, charter and tour industry.
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28 LIMOUSINE, CHARTER & TOUR SEPTEMBER 2016 WWW.LCTMAG.COM LegaL Notice If you paid or reimbursed others for the purchase of certain Aftermarket Automotive Sheet Metal Products between January 1, 2003 and September 7, 2015, you may be entitled to another cash payment from a class action settlement. A Settlement has been reached with Jui Li Enterprise Co., Ltd. ("Settling Defendant") in a class action lawsuit about whether it, together with Auto Parts Industrial, Ltd., and Cornerstone Auto Parts, LLC ("Non-Settling Defendants") and Tong Yang Industry Co., Ltd., as successor-in-interest to Taiwan Kai Yih Industrial Co., Ltd., TYG Products, L.P., and Gordon Auto Body Parts Co., Ltd. (collectively, "First Settling Defendants") violated state and federal antitrust laws and other state laws by agreeing to fix prices and limit the supply of Aftermarket Automotive Sheet Metal ("AMSM") Products. AMSM Products include any and all aftermarket automotive parts made of any kind of sheet metal including, but not limited to, hoods, doors, bumpers, fenders, bonnets, floor panels, trunk assemblies, trunk lids, tailgates, roof panels, and reinforcement parts. Defendants deny each and all of the claims, as well as all charges of wrongdoing or liability. The Court has not decided who is right. Who is included? The Settlement includes all third-party payors who indirectly paid or reimbursed others for the purchase of AMSM Products for end use and not sale or resale, purchased anywhere in the United States between January 1, 2003 and September 7, 2015 ("Settlement Class members"). What can you get? The Settling Defendant has agreed to pay USD $650,000 in settlement of the claims against it. Due to a requirement of Taiwan law that applies to the fund because it will originate from a Taiwan bank account, twenty percent will be withheld as taxes, resulting in a total deposit in the amount of USD $520,000 ("Settlement Fund") in an escrow account in the United States. Each Settlement Class member that submitted a valid Claim Form during the prior settlements with First Settling Defendants will receive a pro rata share of the Net Settlement Fund based on their volume of qualifying AMSM Product purchases, as compared to the total volume of all Settlement Class members' qualifying AMSM Product purchases. What are my options? If you do not want to be legally bound by this Settlement or the continued litigation, you must exclude yourself by October 10, 2016. Unless you exclude yourself, you will not be able to sue the Settling Defendant or any Non-Settling Defendant for any claim that was or could have been asserted in this lawsuit or is released by the Settlement Agreement. If you did not exclude yourself from the settlements with First Settling Defendants and do not exclude yourself from this Settlement and continued litigation, you may object and notify the Court that you or your lawyer intends to appear at the Court's final approval hearing. Objections are due October 10, 2016. For more information, including the Long Form Notice and Settlement Agreement, and the ability to register your name and address to receive future notices in the mail as there might be future settlements or judgments in this litigation, go to www.AftermarketSheetmetalIndirectPurchaserSettlement.com. The Final Approval Hearing. The Court will hold a hearing in these cases (Fireman's Fund Insurance Co. v. Jui Li Enterprise Co., Ltd. et al., 2:13- cv-00987, and National Trucking Financial Reclamation Services, LLC v. Jui Li Enterprise Co., Ltd. et al., 2:14-cv-01061, which were consolidated with the lead case Fond du Lac Bumper Exchange Inc. v. Jui Li Enterprise Co. Ltd., et al., 2:09-cv-00852) on November 8, 2016, at 10:30 a.m. CST, at the United States District Court for the Eastern District of Wisconsin. At the hearing, the Court will consider whether to approve: the Settlement; attorneys' fees of up to $216,667; reasonable costs and expenses; $2,500 payments to each Representative Plaintiff (Fireman's Fund Insurance Company and National Trucking Financial Reclamation Services, LLC); and the plan of allocation. You or your own lawyer may appear at the hearing at your own expense. 1-866-858-6088 www.AftermarketSheetmetalIndirectPurchaserSettlement.com market parts at several main- tenance facilities around the nation. INA has a maintenance agreement with CH Bus Sales. "INA and CH, although they have me as majority owner of both entities, offer syner- for operators west of the Mis- sissippi who often must travel to Canada or Orlando to get other motorcoach models, Haggerty says. Irizar i6 buses can be main- tained and fitted with after- Datik, a company that makes innovative driver fatigue warning systems installed on Irizar buses. "The Irizar i6 is constructed of stainless steel with an in- tegral monocoque design and is developed and engineered based on the core values of the Irizar brand," Dixon says. Those include "safety, reliabil- ity, cost of ownership, after- sales service, design, custom- ization and comfort." An i6 motorcoach can last 20 years or longer if properly main- tained and driven, he adds. National Network INA Bus Sales distributes the i6 through its facility in Dal- las, which is more convenient BUS/ VAN MANUFACTURING IRIZAR/INA BUS SALES TIMELINE 1889: Company founded by Jose Antonio Irizar as maker of iron fittings for carriages and later, carriages. 1928: Company moves from horsepower to internal combustion. 1948: Moved up from wooden bus bodies to metal. 1963: Company becomes a cooperative of staff members. 1970s: Moved into international markets throughout Europe 1989: Introduced its Century bus model; begin building some bus bodies on Freightliner chassis 2009: Began offering integral bus coach line, including the i6.* 2015: Former limo and bus operator Mike Haggerty starts INA Bus Sales in Las Vegas, Nev., the exclusive U.S. dis- tributor of Irizar buses. 2016: Irizar debuted i6 motorcoach to the limousine industry at the International LCT Show in Las Vegas Feb. 29-March 2; plans exhibit at BusCon Expo in Indianapolis, Sept. 19-21** *Source: Article by Larry Plachno, publisher of Bus Tours Magazine and National Bus Trader, Polo, Ill., (provided by Irizar) **Source: LCT Irizar i6 buses are being distributed by INA Bus Sales, led by the execu- tive team (L to R) of Founder and Chairman Mike Haggerty, COO Chad Dixon, and EVP Marty Barrett.