Reference to our disclosure dated 28 June 2012, a U.S. District Court in Alabama, ruling in the case of two U.S.-based affiliates of Public Warehousing Company KSC (Agility), has ordered the U.S. government to act by Dec. 26 to remove suspensions that have prevented the affiliates from seeking U.S. government contracts.

The U.S. District Court’s ruling affirms its decision in June to order the lifting of suspensions of Agility DGS Inc. and Agility International, the plaintiffs in the case.
In its original decision in June, the court said: “The facts in the record are undisputed: plaintiffs were suspended on the sole basis of their affiliation with PWC; no legal proceedings have been initiated against them; and they have remained suspended for thirty-one months – i.e. nearly twice the regulatory limit of eighteen months. Their continued suspension is contrary to law. … therefore, their suspensions must be terminated.”
After its June decision, the court agreed to a request by the government defendants that it temporarily stay its order and reconsider the decision. On Wednesday, the court said that the government was “simply not credible” in its contention that it “did not anticipate” the reasoning behind the June ruling. It questioned the government’s decision to seek reconsideration of the original decision by saying: “There are scores of litigants – especially losing ones – who, after the entry of judgment and with the benefit of hindsight, wish they had pressed one argument over another, or submitted different evidence.”
Agility DGS Inc. and Agility International are among more than 120 PWC/Agility affiliates that were suspended from U.S. government contracting in 2009 when the parent company was indicted in connection with a U.S. government food-supply contract. None of the suspended affiliates are accused of wrongdoing.
The Alabama ruling has no effect on the Prime Vendor food-supply case that prompted the indictment for alleged fraudulent pricing. That case, in which PWC is the defendant, is in pre-trial litigation before a U.S. District Court in Atlanta, Georgia. PWC denies the allegations in the indictment and intends to vigorously contest them in court.

 

Latest Financial News

News

June 15, 2022

Confirmation of Corporate Action Dates

Dear Investor, Agility would like to confirm the corporate action dates as per the template. Agility’s General Assembly meeting has …

News

June 5, 2022

Agility’s New Board Structure

Based on the resolution of Agility’s General Assembly Meeting that was held on May 16, 2022, Agility’s new board structure …

News

June 1, 2022

Supplement Disclosure: Recommended Cash offer for John Menzies

The board of John Menzies PLC has announced that its shareholders have voted to support a recommended cash offer by …

News

May 31, 2022

Agility’s Adjourned Extra Ordinary General Assembly Meeting

Dear Investor, Agility Public Warehousing Company KSCP held its Extra Ordinary General Assembly Meeting on Monday May 30th2022 through electronic …