this is the official site for the proposed settlement - national trucking financial reclamation services, llc et al. v. pilot corporation et al., case no. 4:13-cv-00250-jmm
CASE UPDATE - JANUARY 2016
January 19, 2016
Re: Final Settlement Check
As part of the settlement, Eligible Class Members previously received one or more checks representing all discrepancies in their negotiated pricing structure, plus 6% interest.
In addition to the above payment(s), Pilot Flying J agreed, upon the conclusion of payments to all Eligible Class Members, to redistribute the uncashed settlement checks to the remainder of the Eligible Class Members. As a result, Pilot Flying J has calculated the pro rata share of the total sum of unpaid cash settlement amount for each Eligible Class Member.
The letter and check were mailed out today.
Pilot Flying J rebate and discount program participants could get payments from a class action settlement.
- A settlement has been reached in a lawsuit about whether rebates and discounts were properly paid to individuals, businesses, and other entities who participated in Pilot Flying J's over-the-road diesel fuel rebate and discount programs.
- The settlement involves only purchases of over-the-road diesel fuel from stores operated by Pilot Flying J in the United States between January 1, 2005 and July 15, 2013. Individuals, businesses and other entities included in the settlement purchased over the road diesel fuel for commercial use in Class 7 and Class 8 vehicles (as defined by the U.S. Department of Transportation) and participated in Pilot Flying J "cost-plus" or "retail-minus" rebate or discount programs. The settlement does not include retail discounts given for payments made by cash, check, or major credit card at the point of sale.
- If you received a notice in the mail, Pilot Flying J believes you are included in the settlement. You may be eligible to receive a settlement payment.
- There is no claim form or claims process. Pilot Flying J will provide automatic payments ("Settlement Payments") calculated as follows:
- + Unpaid rebates and discounts from January 1, 2005, through July 15, 2013 (the "Principal")
- + 6% simple interest per year or fraction of a year for the period when the Principal was unpaid
- - Any payment previously made by Pilot Flying J as part of its Voluntary Payment Program
- $ Settlement Payment to Eligible Class Member who had unpaid rebates or discounts
- A Court-appointed Independent Accountant will check the accuracy of Pilot Flying J’s calculations by verifying the processes and procedures used to make these payment calculations.
- If you disagree with the results of Pilot Flying J’s audit of your account, there is a process to challenge that result through the Independent Accountant or the Court.
- Your legal rights are affected whether you act, or do not act. Read the notice carefully. (Download the Notice - in English | en español)
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|Receive a Payment||If you are eligible to receive a payment, a check will be mailed to you automatically. There is no action to take now.|
|Exclude Yourself||You choose not to participate in the settlement and you do not receive a Settlement Payment. This is the only option that allows you to sue Pilot Flying J over the claims resolved by this settlement.|
|Object||Write to the Court about why you do not like the settlement.|
|Go To A Hearing||Ask to speak in Court about the fairness of the settlement.|
|Do Nothing||Give up your rights to sue Pilot Flying J and other related parties about the legal claims resolved in this settlement. You will receive a check if you are eligible to receive a payment.|
- These rights and options - and the deadlines to exercise them - are explained in the notice. (Download the Notice - in English | en español)
- The Court in charge of this case still has to decide whether to approve the settlement. If it does, payments will be mailed to Eligible Class Members. Please be patient.
View the complete Notice and other Court Documents here.