Exxon Dealer Class Web Site

Current Status of the Case

Last updated April 26, 2010.

Refund of the 5% reserve:

On November 19, 2009, the District Court ordered that the 5% reserve, plus interest, is awarded to claimants and that the refund process should begin. The claims administrator is now working on the processing of the reserve and interest payments. The claims administrator is preparing check payments on a rolling basis at the rate of approximately 1,000 per week. Once checks are mailed, they must be cashed or deposited within 90 days. As of April 26, 2010, all of the reserve checks have been mailed except those falling into the following categories:

-- payments to claimants with a tax withholding issue

--payments to claimants affected by a tax or other levy

--payments owed to Third Party Service Providers

--payments to claimants in Summary Judgment Motions 133-135.

The amount of each claimant's 5% reserve refund is set forth on the Award that was mailed before initial payments were made. The claimant's interest payment is in the approximate amount of 2.064% (i.e., multiply by .02064), which represents each claimant's proportional share of the amount of interest earned on the Fund after payment of the Fund's administrative expenses.

It is critical that you advise the Claims Administrator, in a signed and notarized writing, of any changes in your address or telephone number. Reserve packages and associated tax forms will be mailed to the official address on file with the Claims Administrator. It is your responsibility to keep this information current. You can print out and utilize the form attached here if you need to update your information. Be sure to fill in the claim number and to sign and notarize the form. Please do not direct address changes to Class Counsel, as we are not permitted to make address changes on your behalf.

Forms 1099. The Claims Administrator has mailed Forms 1099 to claimants who were paid in 2009. A detailed letter explaining how the amount listed on the 1099 are calculated and describing the nature of the recovery is included in the mailing. Please do not contact the claims administrator or Class Counsel with any tax-related questions, as we are not able to provide any tax advice or further information beyond what is included in the letter.

The Claims Administrator will mail Forms 1099 to claimants who were paid in 2010 by January 31, 2011.

Claim payments: If you have questions about how to complete a payment instruction form or the procedure for payment of claims, please click here and read the Frequently Asked Questions and Answers that we have prepared. Please read this document in its entirety and call us for clarification only if your question is not answered. Thank you for your cooperation, as this will allow us to direct our efforts to advancing claims for payment as quickly as possible.

We are excited to report that 12,130 out of 12,130 claims have been designated in a motion for adjudication (i.e., every single claim). Of these, 12,085 claims (approximately 99.6% of the total claims) worth $1.097.3 billion gross (approximately 99.6% of the total dollars) have been paid or permanently withdrawn or dismissed. Another 13 claims are eligible for payment upon such time as the claimants provide the required payment instructions and tax documentation and resolve any disputes with third parties over their payment. The status of each group of claims is as follows:

Motions for Summary Judgment (1-131)

Motions 1-20:  All claims in Motions 1-20 have been paid.

Motions 21-38: All claims in Motions 21-38 have been paid.

Motions 39-45. All claims in Motions 39-45 have been paid.

Motions 46-57. All claims in Motions 46-57 have been paid.

Motions 58-65.  All claims in Motions 58-65 have been paid.

Motions 66-75. All claims in Motions 66-75 have been paid.

Motions 76-83. All claims in Motions 76-83 have been paid.

Motions 84-90. All claims in Motions 84-90 have been paid.

Motions 91-98. All claims in Motions 91-98 have been paid.

Motions 99-104. All claims in Motions 99-104 have been paid.

Motions 105-110. All claims in Motions 105-110 have been paid.

Motions 111-118. All claims in Motions 111-118 have been paid.

Motions 119-124. All claims in Motions 119-124 have been paid.

Motion 125-128. All claims in Motions 125-128 have been paid.

Motion 129. All claims in Motion 129 have been paid.

Motion 130.   These claims have been paid.

Motion 131. These claims have been paid.

Motion 132. These claims have been paid.

Motion 133. This motion was filed by Class Counsel in January 2010.

Motion 134. This motion awards that were left off a small number of prior claims because of errors in Exxon's records.    Note that any such underpayment less than $100 is not to be refunded because the administrative costs would exceed the amount to be paid.

Motion 135. This is the final motion for approval of claims.

Motions for Adjudication of Conflicting Claims

On September 4, 2007, the Special Master issued a Report and Recommendation establishing new procedures for the adjudication of claims which conflict with other claims. The Report and Recommendation is available by clicking here.

Motions C1-C11. All claimants designated in these motions have been notified and their claims have been resolved.

Motions for Adjudication of Disputed Claims

Each "disputed claim," for which summary judgment is not appropriate because there are one or more disputes of law or fact regarding the claimant's eligibility to recover, will be submitted for resolution by the Special Master.

Motions D1. Motion D1 was filed by Class Counsel on September 5, 2007. On November 26, 2007, the Special Master issued an order setting forth the procedure and schedule for the resolution of these claims. All claims have been resolved and affected claimants have been notified.

Motion D2. Motion D2 was filed by Class Counsel on October 12, 2007. Some of the claims have been resolved by agreement of the parties, and on September 10th the Special Master issued an order ruling on the remaining disputes. This order has been sent to all affected claimants.

Motion D3. Motion D3 was filed by Class Counsel on January 23, 2008.  Some of the claims have been resolved by agreement of the parties, and the Special Master has issued orders ruling on the remaining disputes. These orders have been sent to all affected claimants.

Motion D4. Motion D4 was filed by Class Counsel on June 24, 2008, and amended to add additional claims on July 23 and August 26.  All claims have been resolved and affected claimants have been notified.

Determination of attorneys' fees and named plaintiff awards:

On July 6, 2006, the District Court issued an order awarding attorneys' fees and named plaintiff incentive awards. Click here for a copy of the order. It awards 31 1/3% to Class counsel as attorneys' fees and 1.5% to the named plaintiffs as incentive awards, and orders the Special Master to determine what costs will be reimbursed. These amounts will be deducted from each claimant's award before it is paid.

On March 7, 2007, the Special Master issued a Report and Recommendation determining the amount of costs to be reimbursed to Class Counsel and to those dealers who contributed cost money to the litigation. A copy of the Report and Recommendation is available by clicking here. The District Court affirmed the Report and Recommendation on April 16. Click here to review the order. More information about when reimbursements will be made will be posted when it is available.

On July 26, 2007, Class Counsel filed a Petition for an Intermediate Distribution of Attorneys' Fees, in which we request a portion of the fees that have been previously awarded but not yet paid. Click here to review the petition and click here to review the exhibits. The District Court granted the motion on August 21. Click here to read the Court's order.

On February 26, 2008, Class Counsel filed a Petition for an Intermediate Distribution of Attorneys' Fees, in which we request a portion of the fees that have been previously awarded but not yet paid. The District Court granted the motion on March 25.

Class Counsel's final fee payment was made in December, 2008 and interest on Class Counsel's fee was awarded in December, 2009.

As more information becomes available, this page will be updated.


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