>Hungarian Gold Train Settlement
Date Filed: March 11, 2005
Court: U.S. District Court
Location: Florida

The landmark Hungarian Gold Train case has concluded with the final approval of the settlement agreement between the Class and the United States of America. On September 30, 2005 Judge Patricia Seitz approved the proposed settlement agreement and closed the case.

The settlement in the case of Rosner et al v. United States creates a $25.5 million settlement fund, and provides for a statement by the United States government acknowledging the events surrounding the Gold Train property. Because of the passage of time, lost documentation, and lack of an inventory, there is limited information about the specific items that were on the Gold Train and taken into U.S. custody in 1945. Thus it is very hard to fairly assess and compensate individual class members based on their personal losses. Therefore, the U.S. government and representatives for the class have agreed that a minimum of $21 million in the settlement fund be used to augment existing social welfare programs for Hungarian victims of Nazi persecution. The settlement agreement also allocates $500,000 to fund and create an archival collection of information and artifacts for the benefit of the class and other educational purposes.

The settlement class includes all persons whose personal property was seized or stolen by the Hungarian government, and all heirs, estates, assigns, and survivors of such persons.

The proposed agreement went before the Court on March 17 for preliminary approval. After approval by the Court, notice of the settlement was sent to class members by mail, through newspaper ads, and through Jewish and survivor organizational networks.

Fred F. Fielding served as court-appointed mediator in this case.

Counsel for the class is very pleased with the settlement and feel that it fairly resolves the claims that the Holocaust survivors and their heirs have against the United States government, though nothing can ever truly compensate them for what they endured. We will continue to update the Web site with additional information as it occurs.

You can also reach counsel for the plaintiffs at the information below:

  • Hagens Berman Sobol Shapiro LLP - Steve W. Berman, R. Brent Walton, (206)-623-7292.

  • Cuneo Waldman & Gilbert, LLP - Jonathan W. Cuneo, Michael Waldman and David Stanley, (202) 789-3960.
  • Dubbin & Kravetz - Samuel J. Dubbin, Jeffrey Kravetz, (305) 357-9004.

    • To read the proposed settlement agreement, click here. Additional documents and information on the proposed settlement are available by clicking on the appropriate links below:

    Recent Developments

    June 17, 2005 - Class counsel representing the plaintiffs in the Gold Train case, has filed a joint petition concerning attorneys' fees and expenses related to the settlement.

    To read the joint petition, click here. To read the declaration in support of the joint petition, by Jonathan W. Cuneo, a member of the class counsel, click here.

    June 10, 2005 - Below is the Proposed Detailed Plan of Allocation for the proposed Gold Train settlement. This document includes a list of proposed organizations through which welfare benefits will be made to class members.

    To read the proposed plan of allocation, click here.

    May 2, 2005 - Below are approved settlement notices for the proposed Hungarian Gold Train settlement. Please refer to either version as an official settlement notice for class members. The first notice is a shorter summary of the settlement containing basic information, while the second notice contains more in-depth background on the case and instructions for class members. Click on either link below for more information:

    Class Notice - Short Form

    Class Notice - Long Form

    April 8, 2005 - U.S. District Court Judge Patricia A. Seitz has issued a memorandum and order giving preliminary approval to the proposed Hungarian Gold Train settlement. The final settlement approval hearing is scheduled for September 26, 2005.

    On March 17, 2005, the proposed terms of the settlement went before the court for preliminary approval. Judge Seitz's order is in response to the March 17 hearing and determines that the components of the settlement are fair and reasonable. The order also gives approval of the settlement class, defined as '... all persons whose personal property was taken, seized, confiscated, or stolen by the Hungarian government and/or its officers, employees, or agents pursuant to Decree 1600 of 1944, Decree 8306 of 1944, or any similar law, policy, or practice and all heirs, estates, assigns, and survivors of such persons.'

    Now that the settlement has been preliminarily approved, class members will be notified by mail, through newspaper ads, and through Jewish and survivor organizational networks, as set forth in the proposed settlement agreement. Class members who do not wish to participate in the settlement will be given the opportunity to opt out.

    For more information visit www.hungariangoldtrain.org, or read the order and the facets of the agreement as outlined in the proposed settlement.