CLEVELAND -- Attorneys for Pilot Flying J filed a motion Monday asking a federal judge in Arkansas to sign off on a class action settlement that is set to be approved next week.
A hearing on the proposed $72 million settlement is scheduled to be heard Nov. 25 in Little Rock.
In a memo in support of a joint motion for final approval, attorneys wrote that only one percent of more than 6,000 trucking company class members opted out of the settlement offer.
Aubrey Harwell and others who represent Cleveland Browns owner Jimmy Haslam's family corporation say 59 unique companies opted out of the settlement and chose to sue individually. No companies objected to the deal.
The memo also confirmed Pilot attorneys estimates on how much the settlement could cost the truck stop giant.
Audits show class action members will receive reimbursement of $55 million, $4.1 million in interest and $14 million in attorney fees.
The settlement terms reimburse trucking companies with 6 percent interest for the millions in promised rebates that were never paid, stemming from an April 15 FBI and IRS raid on Pilot's Knoxville headquarters.
Following the raid, a 120-page affidavit from an FBI agent was filed in federal court detailing a scheme to systematically deprive truckers of promised diesel fuel rebates.
Seven former Pilot sales officials have already entered guilty pleas to mail and wire fraud charges. Jimmy Haslam, the company's CEO, and a named defendant in the class action lawsuit, has denied any knowledge of the scheme.
Opponents of the deal have argued that the settlement is inadequate because it includes no provisions for damages suffered by truckers due to the rebate reductions.
The Nov. 25 hearing is before U.S. District Judge James Moody, who already has given preliminary approval to the package.