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`EXHIBIT 1
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`Case 2:12-md-02311-SFC-RSW ECF No. 2137-2, PageID.39205 Filed 05/07/21 Page 2 of 5
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`IN RE: AUTOMOTIVE PARTS
` Master File No. 12-md-02311
`ANTITRUST LITIGATION
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`THIS DOCUMENT RELATES TO:
`ALL END-PAYOR ACTIONS
`
`Hon. Sean F. Cox
`Mag. Judge R. Steven Whalen
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`DECLARATION OF ROBIN M. NIEMIEC IN SUPPORT OF
`FINANCIAL RECOVERY SERVICES, LLC’S
`MOTION FOR RECONSIDERATION OF
`THE COURT’S APRIL 28 OPINION AND ORDER
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`I, Robin M. Niemiec, declare:
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`1.
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`I am Chief Operating Officer of Financial Recovery Services, LLC
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`d/b/a Financial Recovery Strategies (“FRS”). I previously submitted a declaration in
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`support of FRS’s Emergency Motion To Compel Acceptance and Processing of
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`Vehicle Data (the “Motion To Compel”).1 I submit this declaration in support of
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`FRS’s motion seeking the Court’s reconsideration of the Opinion and Order in which
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`the Court denied the Motion To Compel. This declaration is based on my personal
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`knowledge, as well as my extensive experience with class action settlement
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`administrations and distributions.
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`1 No. 2:12-md-02311, ECF No. 2126-4, PageID.39146-39151.
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`Case 2:12-md-02311-SFC-RSW ECF No. 2137-2, PageID.39206 Filed 05/07/21 Page 3 of 5
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`2.
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`Since June 18, 2020, the Court-imposed deadline for the filing of proof
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`of claim forms, FRS, on behalf of 58 claimants for which FRS had timely submitted
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`proof of claim forms, has submitted to Epiq Class Action & Claims Solutions
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`(“Epiq”), the claims administrator for the End-Payor Settlements, data for 33,821
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`eligible vehicles.2 Because all of those claimants purchased or leased a new eligible
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`vehicle, not for resale, in one of the eligible jurisdictions during the relevant periods,
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`they are all members of the End-Payor Settlement classes. None of those class
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`members is relying on a theory of subrogation to seek recovery from the End-Payor
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`Settlements.
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`3.
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`In response to those post-June 18, 2020 data submissions in support of
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`timely filed proofs of claim, FRS received from Epiq a variety of emails that ran the
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`gamut from simple confirmation of receipt to the outright rejection of the data as not
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`having been timely filed. None of the outright rejections provided a reference to any
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`authority for the rejection of the data, and I know of no such authority, either in the
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`Court-approved Plan of Allocation or elsewhere.
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`4.
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`In addition to the timely filed proofs of claim that FRS supplemented
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`after June 18, 2020, I attempted to supplement my own timely filed proof of claim
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`2 A list of those claimants, which sets forth for each the number of eligible
`vehicles claimed and the date on which the data was submitted to Epiq, together with
`true and correct exemplars of Epiq’s email responses, is provided in Exhibit A
`hereto.
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`2
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`Case 2:12-md-02311-SFC-RSW ECF No. 2137-2, PageID.39207 Filed 05/07/21 Page 4 of 5
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`form that sought recovery for eligible vehicles that I personally purchased.
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`Specifically, my proof of claim form listed as of the claim filing deadline two eligible
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`vehicles; on February 25, 2021, I sought to add two more vehicles. Epiq advised,
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`however, that “the deadline to add additional vehicles was June 2020.”3
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`3 A true and correct photocopy of the email exchange is provided in Exhibit B
`hereto.
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`3
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`Case 2:12-md-02311-SFC-RSW ECF No. 2137-2, PageID.39208 Filed 05/07/21 Page 5 of 5
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