Frequently Asked Questions

  1. Why did I get the notice package?
  2. What is this lawsuit about?
  3. Who are the Defendants?
  4. Has the Court approved other settlements in this case?
  5. Why is this a class action?
  6. Why are there Proposed Settlements?
  7. How do I know if I am part of the Proposed Settlement?
  8. I’m still not sure if I am included.
  9. What do the Proposed Settlements provide?
  10. How do I get a payment?
  11. How much will my payment be?
  12. What am I giving up to get a payment or stay in the class?
  13. How do I get out of the Proposed Settlements?
  14. Could I have remained as part of the settlement class for some of the Proposed Settlements and excluded myself from others?
  15. If I excluded myself, can I get money from the Proposed Settlements?
  16. Do I have a lawyer in this case?
  17. How will the lawyers be paid?
  18. Will the class representatives be paid?
  19. How could I have told the Court that I don’t like the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees, expenses, and incentive awards?
  20. What’s the difference between objecting and excluding?
  21. When and where did the Court consider whether to approve the Proposed Settlements?
  22. Did I have to come to the hearing?
  23. Could I have spoken at the hearing?
  24. What happens if I did nothing at all?
  25. Are there more details about the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees, expenses, and incentive awards?
  26. How do I get more information?
  27. Can I update my address?



1. Why did I get the notice package?

You or your company may have purchased Airfreight Shipping Services (paid, private air transport of freight or other cargo by an airline acting as a provider of such service) directly from one or more Defendants for shipments to, from, or within the United States from January 1, 2000 to September 11, 2006.

The Court sent you the notice because, as a possible class member, you have a right to know about Proposed Settlements of this class action lawsuit and about all of your options, before the Court decides whether to approve the Proposed Settlements.

The Court in charge of the case is the United States District Court for the Eastern District of New York, and the case is known as In re Air Cargo Shipping Services Antitrust Litigation, Master File 06-MD-1775 (JG) (VVP). The people who sued are called the Plaintiffs, and the companies they sued are called the Defendants. The Defendants that have agreed to these Proposed Settlements are called the Settling Defendants.

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2. What is this lawsuit about?

The lawsuit claims that the Defendants and certain of their employees conspired to fix, raise, maintain, or stabilize prices of Airfreight Shipping Services by, among other things, coordinating surcharges (such as fuel and security surcharges) and by agreeing to eliminate or prevent discounting of surcharges. The lawsuit claims that, as a result, purchasers paid more for Airfreight Shipping Services than they otherwise would have paid. Settling Defendants have denied these claims and have asserted various defenses to the claims.

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3. Who are the Defendants?

The Settling Defendants are Singapore Airlines Limited and Singapore Airlines Cargo Pte, Ltd. ("Singapore Air"), Cathay Pacific Airways Ltd. ("Cathay Pacific"), Korean Air Lines Co., Ltd. ("Korean Air"), and China Airlines, Ltd. ("China Air"). The other Defendants are:

Aerolinhas Brasileiras, S.A.
AC Cargo LP
Air Canada
Air China Cargo Company Ltd.
Air China Ltd.
Air India
Air Mauritius Ltd.
Airways Corp. of New Zealand Ltd.
Alitalia Linee Aeree Italiane S.p.A.
All Nippon Airways Co., Ltd.
American Airlines, Inc.
AMR Corporation
Asiana Airlines, Inc.
Atlas Air Worldwide Holdings, Inc.
British Airways PLC
Cargolux Airlines International, S.A.
DAS Air Ltd. (DAS Air Cargo)
Deutsche Lufthansa AG
El Al Airlines Ltd.
Emirates
Ethiopian Airlines Corp.
EVA Airways Corporation
Japan Airlines International Co., Ltd.
Kenya Airways Limited
Koninklijke Luchtvaart Maatschappij N.V.
Lan Airlines, S.A.
Lan Cargo, S.A.
Lufthansa Cargo AG
Malaysia Airlines
Martinair Holland N.V.
Nippon Cargo Airlines Co., Ltd.
Polar Air Cargo, Inc.
Polar Air Cargo Worldwide, Inc.
Qantas Airways Limited
SAS Cargo Group A/S
Saudi Arabian Airlines, Ltd.
Scandinavian Airlines System
Société Air France
South African Airways
Swiss International Air Lines, Ltd.
Thai Airways International Public Company Limited
Viação Aérea Rio-Grandense, S.A. (Varig)

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4. Has the Court approved other settlements in this case?

The Court has granted final approval to the following 17 settlements. The Lufthansa Settlement was an $85 million settlement with Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines, Ltd. (“Lufthansa”). The Second Settlements include: an $87 million settlement with Société Air France (“Air France”), Koninklijke Luchtvaart Maatschappij N.V. (“KLM”), and Martinair Holland N.V. (“Martinair”) (collectively “Air France/KLM”); a $12 million settlement with Japan Airlines International Co., Ltd. (“JAL”); a $5 million settlement with American Airlines, Inc. and AMR Corporation (“AA”); a $13.9 million settlement with Scandinavian Airlines System and SAS Cargo Group A/S (“SAS”); a $10.4 million settlement with All Nippon Airways Co., Ltd. (“ANA”); a $35.1 million settlement with Cargolux Airlines International S.A. (“Cargolux”); a $3.5 million settlement with Thai Airways International Public Company Limited (“Thai”); and a $26.5 million settlement with Qantas Airways Limited (“Qantas”). The Third Settlements include: an $89.512 million settlement with British Airways Plc (“British Airways”); a $66 million settlement with Lan Airlines, S.A., Lan Cargo, S.A., and Aerolinhas Brasileiras, S.A. (“Lan/ABSA”); a $3.2 million settlement with Malaysia Airlines (“Malaysia”); a $3.29 million settlement with South African Airways Ltd. (“South African”); a $14 million settlement with Saudi Arabian Airlines, Ltd. (“Saudia”); a $7.833 million settlement with Emirates; a $15.8 million settlement with El Al Israel Airlines Ltd. (“El Al”); a $7.5 million settlement with Air Canada and AC Cargo LP (“Air Canada”), and a settlement with Air New Zealand employee Salvatore Sanfilippo (“Sanfilippo”).

You may have received notice of the Lufthansa Settlement or the Second or Third Settlements previously. If you submitted a claim form in connection with the Lufthansa Settlement (but did not submit a claim form in connection with the Second or Third Settlements), you must have filed a new claim form to be eligible to receive a payment for a portion of the Proposed Settlements. However, if you submitted an approved claim form in connection with the Second or Third Settlements, you did not need to have submitted a new claim form to get a payment. (See Question 10 for more information about submitting a claim form.)

If all of the Proposed Settlements are approved by the Court, the total gross settlement proceeds recovered in the litigation so far will be approximately $848 million.

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5. Why is this a class action?

In a class action, one or more individuals or companies called Class Representatives (in this case Benchmark Export Services, FTS International Express, Inc., R.I.M. Logistics, Ltd., Olarte Transport Service, Inc., S.A.T. Sea & Air Transport, Inc. and Volvo Logistics AB) sue on behalf of others who have similar claims. All these individuals or companies are members of a class. One court resolves the issues for all class members, except for those who exclude themselves from the class. U.S. District Judge John Gleeson is in charge of this class action.

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6. Why are there Proposed Settlements?

The Settling Defendants have denied all liability in this case and have asserted various defenses to the Plaintiffs’ claims. The Court did not decide in favor of the Plaintiffs or the Settling Defendants. Instead, both sides agreed to the Proposed Settlements. That way, they avoid the cost and risk of a trial, and the class members can get compensation. The Class Representatives and Class Counsel think the Proposed Settlements are best for all class members. The case is proceeding against other Defendants.

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7. How do I know if I am part of the Proposed Settlement?

Judge Gleeson decided that everyone who fits this description is a settlement class member: All persons or entities (but excluding Defendants, their parents, predecessors, successors, subsidiaries, affiliates, as well as government entities) who purchased Airfreight Shipping Services for shipments to, from or within the United States directly from any of the Settling Defendants, any other Defendant, or from any of their parents, predecessors, successors, subsidiaries, or affiliates, at any time during the period January 1, 2000 up to and including September 11, 2006.

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8. I’m still not sure if I am included.

If you are still not sure whether you are a settlement class member, you can ask for free help. See Question 26 below. You were not required to pay anyone to assist you in filing a claim.

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9. What do the Proposed Settlements provide?

Under the Singapore Air Settlement, Singapore Air has paid $92,492,442 million, less the portion attributable to class members who settled with Singapore Air before the class settlement was reached, and has agreed to pay up to $250,000 for costs of notice of the settlement. If any additional class member excludes itself from the Singapore Air Settlement, the portion of the $92,492,442 million attributable to the excluded class member will be transferred to a separate escrow account and held for possible payment of those claims. Any amount remaining in that separate account may be returned to the settlement class after a specified period. This process is explained in Paragraph 54 of the Singapore Air Settlement agreement, available on this website. In addition, Singapore Air has the option to rescind the agreement if more than a certain percentage of class members exclude themselves from the Singapore Air Settlement, as explained in Paragraph 52 of the Singapore Air Settlement agreement.

Under the Korean Air Settlement, Korean Air has paid $50 million and will pay an additional $65 million in two installments and these amounts include up to $250,000 to be set aside for notice and administration costs. If any class member excludes itself from the Korean Air Settlement, the portion of the $115 million attributable to the excluded class member will be transferred to a separate escrow account and held for possible payment of those claims. Any amount remaining in that separate account may be returned to the settlement class after a specified period. This process is explained in Paragraph 52 of the Korean Air Settlement agreement, available on this website. In addition, Korean Air has the option to rescind the agreement if more than a certain percentage of class members exclude themselves from the Korean Air Settlement, as explained in Paragraph 49 of the Korean Air Settlement agreement.

Under the Cathay Pacific Settlement, Cathay Pacific has paid $65 million which includes up to $150,000 to be set aside for notice and administration costs. That amount will not be reduced because of class members who exclude themselves from the class. In addition, Cathay Pacific has the option to rescind the agreement if more than a certain percentage of class members exclude themselves from the Cathay Pacific Settlement, as explained in Paragraph 42 of the Cathay Pacific Settlement agreement, available at on this website.

Under the China Air Settlement, China Air has paid $30 million, and will pay an additional $60 million in two installments. China Air has also agreed to pay up to $200,000 for costs of notice and administration of the settlement. If any class member excludes itself from the China Air Settlement, the portion of the $90 million attributable to the excluded class member will be transferred to a separate escrow account and held for possible payment of those claims. Any amount remaining in that separate account may be returned to the settlement class after a specified period. This process is explained in Paragraph 46 of the China Air Settlement agreement, available on this website.

Under all four Proposed Settlements, the Settling Defendants will also provide certain cooperation in Plaintiffs’ continuing litigation against the other remaining Defendants. This cooperation varies for each Settling Defendant, but includes meetings with their counsel, production of documents and electronic data, and witness interviews and testimony. Details about the cooperation are set forth in the settlement agreements, which have been filed with the Court and may be viewed on this website.

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10. How do I get a payment?

If you are a settlement class member and did not exclude yourself from the class, you are eligible to get a payment. If you submitted an approved claim form in connection with the Second or Third Settlements, you did not need to submit a claim form again. If you did not submit a claim form in connection with the Second or Third Settlements (even if you submitted a claim form in connection with the Lufthansa Settlement), you must have submitted a claim form by January 6, 2015 to participate in these Proposed Settlements.

If you received the notice by mail, you also received a claim form.

Completed claim forms must have been submitted postmarked no later than January 6, 2015 and returned to the Claims Administrator at the following address:

Air Cargo 4 Settlement
c/o The Garden City Group, Inc.
P.O. Box 10083
Dublin, OH 43017-6683
USA

If you did not mail a timely, properly addressed claim form, your claim may be rejected and you may not be able to get any payment.

You must keep all of your records of your purchases from Defendants and Settling Defendants because you may later be asked to provide them to the Claims Administrator.

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11. How much will my payment be?

Class Counsel has proposed a Plan of Allocation describing the division of the settlement funds among class members. If the Court approves the Plan of Allocation, the settlement funds will first be used to pay attorneys’ fees, expenses, and incentive awards approved by the Court. The remaining amount (following any reduction for class members that exclude themselves) will be distributed to class members that have submitted valid claim forms in proportion to their relevant purchases of Airfreight Shipping Services. For purposes of this calculation, purchase amounts in currencies other than dollars will be converted by the Claims Administrator to equivalent dollar amounts using currency exchange rates applicable on September 11, 2006, which is the last day of the class period.

The Plan of Allocation treats inbound and outbound purchases differently. An inbound purchase is a purchase of Airfreight Shipping Services for shipments to the United States. An outbound purchase is a purchase of Airfreight Shipping Services for shipments from or within the United States. For purposes of calculating a settlement class member’s share of the settlement funds, inbound purchases will be valued at 1.625 times the dollar amount of such purchases. No multiplier will apply to outbound purchases. These are the same multipliers previously approved by the Court for each of the settlements approved to date. (See Question 4 above for a description of these settlements.)

If you wish to object to the Plan of Allocation, your objection must have been received by the Court by December 26, 2014 as described in Question 19 below.

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12. What am I giving up to get a payment or stay in the class?

Unless you excluded yourself from a specific settlement, you are staying in the settlement class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against that Settling Defendant about the legal issues in this case. This is called a release. It also means that all of the Court’s orders will apply to you and legally bind you.

However, you would not have given up (a) any claim made with respect to any indirect purchase of Airfreight Shipping Services or (b) any claim for negligence, breach of contract, bailment, failure to deliver, lost goods, damaged or delayed goods, or a similar claim, or any other claim unrelated to the legal issues in this case. The Proposed Settlements also do not affect the rights of settlement class members against any Defendants other than the Settling Defendants, and the lawsuit will continue against the other Defendants, which have not settled.

The settlement agreements, which are available on this website, describe the exact legal claims that you give up if you stay in the settlement class.

If you want to keep the right to sue or continue to sue one or more of the Settling Defendants, on your own, about the legal issues in this case, then you must have taken steps to get out of the settlement(s) with those Settling Defendant(s). This is called excluding yourself – or sometimes referenced as opting out of the class. If you opted out of a settlement, you will not get any payment from that settlement.

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13. How do I get out of the Proposed Settlements?

To exclude yourself from one or more of the Proposed Settlements, you must have sent a letter saying that you wanted to be excluded from the settlement class. The letter must have included the following information:

Your letter must have been postmarked by November 7, 2014 and sent to:

Air Cargo 4 Settlement
c/o The Garden City Group, Inc.
P.O. Box 10083
Dublin, OH 43017-6683
USA

If you asked to be excluded from any of the Proposed Settlements, you will not get any payment from any settlement from which you excluded yourself, and you cannot object to those particular settlements.

Unless you excluded yourself, you give up any right to sue the Settling Defendants for the claims that the Proposed Settlements resolve. If you have a pending lawsuit against a Settling Defendant involving the same legal issues in this case, speak to your lawyer in that case immediately. (You must have excluded yourself from the corresponding settlement class in order to continue your own lawsuit against one or more of the Settling Defendants.)

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14. Could I have remained as part of the settlement class for some of the Proposed Settlements and excluded myself from others?

Yes. Because there are four separate Proposed Settlements (the Singapore Air Settlement, the Korean Air Settlement, the Cathay Pacific Settlement, and the China Air Settlement), you must have decided, for each of the Proposed Settlements, whether to exclude yourself from the settlement, or whether to remain in the settlement class for any or all of them.

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15. If I excluded myself, can I get money from the Proposed Settlements?

No. If you decided to exclude yourself from a Proposed Settlement, you will not be able to get money from that Proposed Settlement. If you excluded yourself from some, but not all, of the Proposed Settlements, you will be eligible to receive payment from the Proposed Settlements for which you remain in the settlement class.

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16. Do I have a lawyer in this case?

The Court appointed Michael D. Hausfeld of Hausfeld LLP; Robert N. Kaplan of Kaplan Fox & Kilsheimer LLP; Hollis Salzman of Robins, Kaplan, Miller & Ciresi LLP; and Howard J. Sedran of Levin, Fishbein, Sedran, and Berman to represent the class. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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17. How will the lawyers be paid?

You are not personally responsible for payment of attorneys’ fees or expenses for Class Counsel. Instead, as compensation for their time and the risk in litigating the case on a contingent basis, Class Counsel will ask the Court to approve payment from the Proposed Settlements of an interim payment of attorneys’ fees in an amount not to exceed 22 percent of the settlement funds, and for reimbursement of litigation expenses. If awarded by the Court, these amounts would be deducted proportionally from the settlement funds.

To object to the request for attorneys’ fees or reimbursement of expenses, your objection must have been received by the Court by December 26, 2014 as described in Question 19 below.

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18. Will the class representatives be paid?

Class Counsel asked the Court to allow incentive awards of $90,000 for each of the six class representatives. If the Court grants this request, the incentive awards would be deducted proportionally from the settlement funds.

To object to the request for incentive awards from the class representatives, your objection must have been received by the Court by December 26, 2014 as described in Question 19 below.

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19. How could I have told the Court that I didn’t like the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees, expenses, and incentive awards?

You could have objected to any Proposed Settlement in which you are a member of the settlement class and have not opted out of the settlement class. You could have objected if you didn't like any part of them, or if you disagree with the Plan of Allocation or the request for attorneys’ fees, expenses, and incentive awards. You could have given reasons why you think the Court should not approve any or all of them. The Court will have considered your views.

To have objected, you must have sent a letter to the Court that included the following:

You must have filed the objection with the Court at the following address, received by December 26, 2014:

Clerk of Court
United States District Court
for the Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

You must have also mailed copies of the objection to the following attorneys, postmarked by December 26, 2014:

Class Counsel
Michael D. Hausfeld
Hausfeld LLP
1700 K Street, NW
Suite 650
Washington, DC 20006
Robert N. Kaplan
Kaplan Fox & Kilsheimer LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Hollis L. Salzman
Robins, Kaplan, Miller & Ciresi LLP
601 Lexington Avenue
Suite 3400
New York, NY 10022
Howard J. Sedran
Levin, Fishbein, Sedran & Berman
510 Walnut Street
Philadelphia, PA 19106

Counsel for Singapore Airlines Cargo Pte Ltd. and Singapore Airlines Limited Counsel for Korean Air Lines Co., Ltd.
Margaret M. Zwisler
William R. Sherman
Latham & Watkins LLP
555 Eleventh Street, NW, Suite 1000
Washington, DC 20004
Barry Sher
Kevin Logue
Paul Hastings LLP
75 East 55th Street
New York, NY 10022

Counsel for Cathay Pacific Airways Ltd. Counsel for China Airlines, Ltd.
David H. Bamberger
Deana Cairo
Martin Dajani
DLA Piper LLP (US)
500 Eighth Street, NW
Washington, DC 20004
James V. Dick
Squire Sanders (US) LLP
1200 19th Street, NW, Suite 300
Washington, DC 20036

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20. What’s the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the Proposed Settlements, Class Counsel’s request for attorneys’ fees, reimbursement of expenses, or incentive awards, or the Plan of Allocation. You could have objected to one or more of the Proposed Settlements only if you stayed in the settlement class for those particular Proposed Settlements. If you excluded yourself, you had no right to object because the Proposed Settlements no longer affect you.

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21. When and where did the Court consider whether to approve the Proposed Settlements?

The Court held a Fairness Hearing at 10:00 a.m. on January 16, 2015, in Courtroom 6C South at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, NY 11201. At this hearing the Court considered whether the Proposed Settlements are fair, reasonable, and adequate, whether to approve the Plan of Allocation, and whether to award attorneys’ fees, reimbursement of expenses, and incentive awards. Following this hearing, the Court will decide whether to approve the Proposed Settlements, the Plan of Allocation, and the request for attorneys’ fees, reimbursement of expenses, and incentive awards.

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22. Did I have to come to the hearing?

No. Class Counsel answered any questions Judge Gleeson may have had. But, you were welcome to come at your own expense. If you sent an objection, you didn’t have to come to Court to talk about it. As long as the Court received your written objection on time, the Court considered it. You may have also paid your own lawyer to attend, but it was not necessary.

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23. Could I have spoken at the hearing?

You could have asked the Court for permission to speak at the Fairness Hearing. If you wanted to do so, you were encouraged to send a letter stating the following:

Your Notice of Intention to Appear must have been filed with the Court at the following address, received by December 26, 2014:

Clerk of Court
United States District Court
for the Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

You must have also mailed copies of the Notice of Intention to Appear to the attorneys listed in Question 19 above.

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24. What happens if I did nothing at all?

If you did nothing, you will remain in the settlement class for each of the Proposed Settlements but you will not receive a payment, unless you submitted an approved claim form in connection with the Second or Third Settlements or the Proposed Settlement. (See Question 10 above.)

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25. Are there more details about the Proposed Settlements, the Plan of Allocation, or the request for attorneys’ fees, expenses, and incentive awards?

The notice summarizes the Proposed Settlements. More details are in the settlement agreements. You can get a copy of the settlement agreements on this website.

Class Counsel filed a motion for final approval of the Proposed Settlements and the Plan of Allocation, and a request for attorneys’ fees, reimbursement of expenses, and incentive awards, which contains additional information. These papers may be viewed on this website by following this link.

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26. How do I get more information?

If the answer to your question cannot be located on this website, you may contact the Claims Administrator by email at administrator@aircargo4settlement.com. You may also call the Claims Administrator toll-free at 1-855-382-6460 in the U.S., U.S. territories, and Canada. Outside the U.S. and Canada, you may call 1-513-795-0998, but toll charges will apply. You may also write to:

Air Cargo 4 Settlement
c/o The Garden City Group, Inc.
P.O. Box 10083
Dublin, OH 43017-6683
USA

You may also write to any of Class Counsel at the following addresses:

Class Counsel
Michael D. Hausfeld
Hausfeld LLP
1700 K Street, NW
Suite 650
Washington, DC 20006
Robert N. Kaplan
Kaplan Fox & Kilsheimer LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Hollis L. Salzman
Robins, Kaplan, Miller & Ciresi LLP
601 Lexington Avenue
Suite 3400
New York, NY 10022
Howard J. Sedran
Levin, Fishbein, Sedran & Berman
510 Walnut Street
Philadelphia, PA 19106

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27. Can I update my address?

Yes. If your address changes, please enter your current information on this website, or send it to the Claims Administrator at:

Air Cargo 4 Settlement
c/o The Garden City Group, Inc.
P.O. Box 10083
Dublin, OH 43017-6683
USA

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Important Dates
DateDeadline
November 7, 2014 Exclusion Deadline (Expired)
December 26, 2014 Objection Deadline (Expired)
January 6, 2015 Claim Form Deadline (Expired)
January 16, 2015
10:00 am
Fairness Hearing at the United States District Court, Eastern District of New York (Passed)