In Re: Polyester Staple Ant v.

Filing 859

ORDER AUTHORIZINGFINAL DISTRIBUTION OF UNUSED RESIDUAL FUNDS REMAINING IN SETTLEMENT FUND. Signed by District Judge Richard Voorhees on 8/18/2014. (eef)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
MDL Docket No.: 3:03CV1516

In re: POLYESTER STAPLE ANTITRUST LITIGATION
THIS DOCUMENT RELATES TO:
Case No. 3:03CV00200 (Tex Tech Industries, Inc.)
Case No. 3:03CV00201 (Hollander Home Fashions
Corp.)
Case No. 3:03CV00203 (Carpenter Co.)
Case No. 3:03CV00206 (Fiber
Dynamics, Inc.)
Case No. 3:03CV00208 (Habasit
Belting, Inc.)
Case No. 3:03CV00209 (J.H.N.Y.,
Inc.)
Case No. 3:03CV00280 (Quality Felt Co.)
Case No. 3:03CV00309 (Southern
Fiber, Inc.)
Case No. 3:03CV00474 (Thomaston Mills, Inc.)

ORDER AUTHORIZING
FINAL DISTRIBUTION OF UNUSED RESIDUAL
FUNDS REMAINING IN SETTLEMENT FUND
WHEREAS Class Plaintiffs on behalf of the certified plaintiff class, and
defendants: (1) E.I. DuPont de Nemours and Company, DAK Americals LLC, DAK
Fibers LLC and Alpek S.A. de C.V. (collectively “DAK”); (2) Nan Ya Plastics
Corporation, Nan Ya Plastics Corporation, America and Robert Bradley Dutton
(collectively “Nan-Ya”); (3) Wellman, Inc. (“Wellman”); and (4) Arteva Specialties
S.àr.l., licensed to do business in North Carolina as Arteva Specialties, LLC, d/b/a KoSa,
and now named INVISTA S.àr.l., Arteva Services S.àr.l., licensed to do business in

North Carolina as Arteva Services LLC, and Koch Industries, Inc. (collectively “KoSa”)
settled this litigation, and the Court granted final approval of that settlement;
WHEREAS the period during which any appeal could be filed has expired;
WHEREAS in the (1) Memorandum and Order Granting Final Approval of the
Proposed “DAK” Settlement (ECF 182), dated May 20, 2004; (2) Order and 54(b) Final
Judgment (as to Nan Ya Defendants) , filed December 15, 2005; (3) Order and 54(b)
Final Judgment (as to Wellman, Inc.) , filed December 15, 2005; and (4) Order and
Final Judgment (ECF 841), dated June 24, 2008, the court retained continuing
jurisdiction to enter orders regarding the disbursement of the settlement proceeds;
WHEREAS the Court also authorized the distribution of the Net Settlement
Funds in the following orders: (1) Order Approving Plan of Allocation (ECF 208),
dated September 30, 2004 (DAK Settlement) ; (2) Order Authorizing Distribution of
Settlement Funds (ECF 467), dated September 26, 2006 (Nan Ya and Wellman
Settlements); and (3) , Order and Final Judgment (ECF 841), dated June 24, 2008 (Kosa
Settlement) (collectively, the “Polyester Staple Settlements”);
WHEREAS Gilardi processed and reviewed claims and caused the distribution of
settlement checks to all approved claimants in the Polyester Staple Settlements: on June
22, 2005, Gilardi caused to be distributed 125 settlement checks totaling $13,280,788.86
in the DAK Settlement; on October 20, 2006, Gilardi caused to be distributed 88
settlement checks totaling $4,048,411.65 in the Nan-Ya Settlement; on October 22,
2006, Gilardi caused to be distributed 88 settlement checks totaling $6,913,713.33 in the
Wellman Settlement and on October 10, 2008, Gilardi caused to be distributed 124
settlement checks totaling $20,186,899.04 in the KoSa Settlement. In total, Gilardi
caused to be mailed 425 settlement checks totaling $44,429,812.88 in the Polyester

Staple Settlements;
WHEREAS all settlement checks have been cashed and Gilardi has paid all
attorneys’ fees and costs and incentive awards as approved by the Court;
WHEREAS there remains a net DAK Settlement fund balance of $7,841.39; a
net Nan- Ya Settlement fund balance of $5,243.47; a net Wellman Settlement fund
balance of $4,072.74 and a net KoSa Settlement fund balance of $2,030.40. In total,
the funds remaining in the Polyester Staple Settlements is $19,188.00. This balance
represents interest earned and tax refunds.
WHEREAS Gilardi has carried out all other requirements of the Polyester Staple
Settlements and directives of the Court and has incurred an additional $8,659.59 in fees
and costs. the court-appointed Claims Administrator has processed all claims submitted
by class members and has verified that the claims were processed according to the
terms of the parties ' Settlement Agreement and the Plan of Allocation approved by the
court;
WHEREAS Class Counsel recommends the funds remaining after paying the
balance of Gilardi’s fees and costs, approximately $10,528.41 be distributed cy pres to
the Indigent Person's Attorney Fund and to the North Carolina State Bar for the provision
of civil legal services for indigents.
It is this 18th day of August, 2014, hereby
ORDERED that the Gilardi be authorized to distribute $8,659.59 to itself for all
fees and costs not included in the previous award for Gilardi’s fees;
ORDERED that after the foregoing distribution is made to Gilardi, then co-lead
class counsel for Class Plaintiffs and the Gilardi are authorized to (a) distribute the
balance of the Polyester Staple Settlement funds to the North Carolina Indigent Person's

Attorney Fund and to the North Carolina State Bar for the provision of civil legal
services for indigents, and (b) discard all claim files and other records relating to the
administration of the Polyester Staple Settlement fund and its distribution.

Signed: August 18, 2014