Hagens Berman Sobol Shapiro Cases

Hungarian Gold Train - Complete Background Information and Documents

Date Filed: May 7, 2001

Court: United States District Court

Location: Miami

In 2001 Hagens Berman filed a class-action suit against the United States on behalf of Hungarian Holocaust survivors. The suit claimed the plaintiffs' valuable personal property was loaded on a train by the Hungarian Nazi government during the waning days of WWII. The United States Army later seized the train and its contents. The suit contends that the property was never returned to its owners or heirs, and was instead unlawfully appropriated by the U.S.

On September 30, 2005, Judge Seitz approved the proposed settlement agreement and closed this case. Below you will find all background information and documents pertaining to the suit prior to settlement. However, information on the settlement only, can be found at our Hungarian Gold Train Settlement Page.

September 30, 2005 - Judge Seitz Final Settlement Judgment between the Class and the U.S. Government.

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.

March 11, 2005 - The landmark Hungarian Gold Train case reached a milestone with today's filing of a proposed settlement agreement between the United States government and Hungarian Holocaust survivors and heirs. With today's filing, the proposed settlement is now before the U.S. District Court in Florida for consideration.

The proposed 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 will go before the Court on March 17 for preliminary approval. If approved by the Court, notice of the settlement will go 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 proposed 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, including the final approval of the settlement.

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

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:

Summary of Proposed Settlement
This is a summary of the settlement's highlights as taken from the Memorandum in Support of Motion for Preliminary Approval.

Excerpts from the Class Counsel's Memorandum in Support of the Proposed Settlement
This includes the class counsel's main points in support and rationale of the proposed settlement.

Memorandum Supporting Preliminary Approval of the Proposed Settlement
This document is the final memorandum asking the proposed settlement to be preliminarily approved by the Court.

United States' Response to Memorandum Supporting Preliminary Approval

Proposed Settlement Notice

December 29, 2004 - The plaintiffs and the United States government have reached an agreement in principle to settle the Hungarian Gold Train case. Attorneys for the Hungarian Holocaust survivors, together with senior Justice Department officials, told the court on December 21:

"The Government and Plaintiffs' Counsel, after consultation with class members and Jewish organizations, have reached an agreement in principle to settle this litigation. There are still significant issues to be worked out, but we are confident that we can indeed work them out."

Federal Judge Patricia Seitz gave the parties until February 18 to finalize the details of the settlement.

Major issues must still be resolved, and negotiations continue. These negotiations are subject to a confidentiality agreement and rules. Thus we cannot comment on elements of the settlement, including the way that monetary relief would be distributed.

However, you may find some news stories about the case to be useful, including this article in The Sun- Sentinel and in the Miami Herald.

December 21, 2004 - In a major breakthrough, the attorneys for the plaintiffs Hungarian Holocaust survivors together with senior Justice Department attorneys - read the following statement to Judge Patricia Seitz in federal court in Miami on Monday, December 20:

"The government and plaintiffs' counsel, after consultation with class members and Jewish organizations, have reached an agreement in principle to settle this litigation. There are still significant issues to be worked out, but we are confident that we can indeed work them out."

Judge Seitz set a deadline of February 18 for the details to be worked out, and a final settlement proposal to be forwarded to the court for approval. All the elements of the settlement will be publicly disclosed at that time, and there will be ample opportunity for comment.

Numerous news articles have appeared about this, filled with speculation about the amount and terms of the settlement. We want to make it clear: nearly all of these articles are just speculation. Key terms are still being discussed by the parties. It is also important to understand that any settlement of litigation necessarily involves compromise from the original positions of the parties. That will be true in this case as well.

November 16, 2004 - There have been significant developments in the Hungarian Gold Train case (Rosner v. United States). Federal judge Patricia Seitz ordered a trial on jurisdictional issues due to begin on October 12 in Miami, and also ordered mediation to be held in the hopes of reaching a settlement. The attorneys for the plaintiffs have been meeting with the government to that end. The day before the hearing was due to be held, the plaintiffs and the government wrote the judge that "substantial progress" had been made toward a settlement. The talks are continuing. The hearing was eventually put off until December 20.

There can be no doubt that the strong public support for the survivors' cause has helped enormously. Newspaper editorials across the state of Florida and the country have urged a settlement, as have numerous elected officials of both parties, including Senators Hillary Clinton, Arlen Specter, Ted Kennedy, and Chuck Schumer, and Members of Congress Anthony Weiner, Alcee Hastings, Ileana Ros-Lehtinen, Robert Wexler, and Jose Serrano. Edgar Bronfman, former chairman of the Presidential Commission on Holocaust Assets wrote an op ed article in the Miami Herald calling the Justice Department's conduct in this litigation "disgraceful." Many of these important articles and letters are posted on this website. After three years of resistance, a spokesman for the White House now has told the press that the Bush administration hopes to resolve the matter "amicably."

As of November 15, 2004, we still want to make it clear that despite progress, no settlement has yet been reached. We are continuing to negotiate, but also preparing to return to court if necessary on December 20 to fight the government's effort to deny the survivors their day in court. Therefore, continued public pressure is vital.

We will notify you as soon as there is any further significant development.

July 13, 2004 - Twenty-seven House Representatives today sent a letter to Attorney General Ashcroft asking the Department of Justice to resolve the Gold Train suit, and reminding the Attorney General Ashcroft that 'Every day another survivor passes on, he or she is deprived of the assets that were rightfully his or hers.'

Read the letter from House Representatives

April 1, 2004 - A large bipartisan group of U.S. Senators, including Senators Clinton and Spector, delivered a letter imploring Attorney General Ashcroft to resolve the case quickly. The letter admonishes the Dept. of Justice for snail's pace of their responses in the case, and for subjecting the frail and elderly plaintiffs to the intimidating process of in-person depositions.

Read the letter from U.S. Senators

Wednesday March 3, 2004 - Today the New York City Council will begin considering a resolution urging justice for Hungarian Holocaust survivors, and asking the U.S. Justice Department to respect the elderly survivors and stop seeking to delay the case.

For more information, read the press release and the approved resolution.

December 29, 2003 - A Holocaust survivor represented in the Gold Train case today filed a complaint in U.S. District Court under the Freedom of Information Act, claiming several departments of the U.S. government continue to ignore or intentionally slow down requests for records relating to the Hungarian ęGold Trainę case.

After more than a year, several government agencies have yet to fulfill repeated requests for information, according to the complaint.

Read the press release or the complaint for more information.



November 20, 2003 - A database of 1948 auction catalogs of more than 6000 Jewish heirlooms and personal items went online in an effort supporting Holocaust survivors claims that the U.S. goverment sold their families items when they could have been returned.

The database allows Hungarian Holocaust survivors to search for the items the Nazis confiscated from their families at the end of WWII and, if they find an item they believe was once theirs or their families, submit information that will help the suit.

While there is very little chance that the items will be returned, Holocaust survivors will help strengthen the suit's claims, and if the lawsuit succeeds, class members will be eligible for some monetary compensation.

Read the Frequently Asked Questions about the Gold Train Database



November 17, 2003 - 14 members of the House sent a letter to House Judiciary Committee chairman James Sensenbrenner requesting a hearing on the Gold Train litigation. The letter declared that the Justice Department's slow handling of the case is "rarely excusable in everyday litigation, and especially inexcusable when the plaintiffs are elderly and are simply seeking a measure of historic justice."

Read the letter from House Representatives.

November 3, 2003 - Hungarian Holocaust survivors on Friday filed an amended complaint in U.S. District Court, introducing new evidence on the extensive looting of recovered World War II Jewish valuables by U.S. Army officers, and the political maneuvers that sold many of the valuables in auctions rather than returning them to their rightful owners. Read the press release, the amended complaint for more information.

You can also review the Summary of Gold Train Documents for an overview and links to new evidence uncovered by attorneys.

August 28, 2002 - Judge Patricia Seitz gave the suit a green light to move forward by denying a motion brought by the U.S. government to dismiss the case. Read the press release for more information.

Holocaust: The Forgotten Survivors
View a special report by Miami TV station WFOR with former ambassador Stuart Eisenstat and information on the Hungarian Gold Train.

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