57714 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Notices 

conduct will be established. Agenda 

items will include remarks from the 

Director, MMS, and the Associate 

Director, Minerals Revenue 

Management (MRM), as well as updates 

on Financial Management, Compliance 

and Asset Management, Royalty in 

Kind, and pertinent legislation. The RPC 

will also hear special reports from the 

Inter-Association Royalty Strategies 

Task Force and the Western Governors’

Association. The RPC membership 

includes representatives from states, 

Indian tribes and allottee organizations, 

minerals industry associations, the 

general public, and other Federal 

departments.

DATE: Thursday, October 28, 2004, from 

8:30 a.m. to 5 p.m., mountain daylight 

time.

ADDRESS: Sheraton Denver West Hotel, 

360 Union Boulevard, Lakewood, CO 

80228, telephone number (303) 987–

2000.

FOR FURTHER INFORMATION CONTACT: Gary 

Fields, Minerals Revenue Management, 

Minerals Management Service, P.O. Box 

25165, MS 300B2, Denver, CO 80225–

0165, telephone number (303) 231–

3102, fax number (303) 231–3780, email Gary.Fields@mms.gov.

SUPPLEMENTARY INFORMATION: The 

Department of the Interior’s MMS 

created three charter committees under 

the Federal Advisory Committee Act to 

advise the Secretary and top department 

officials on minerals policy and 

operational issues. The RPC, the Outer 

Continental Shelf (OCS) Policy 

Committee, and the OCS Scientific 

Committee will fulfill the formal 

advisory functions previously 

performed by the Minerals Management 

Advisory Board, which has been 

disbanded. The RPC will provide advice 

related to the performance of 

discretionary functions under the laws 

governing the Department’s 

management of Federal and Indian 

mineral leases and revenues. The RPC 

will review and comment on revenue 

management and other mineral-related 

policies and provide a forum to convey 

views representative of mineral lessees, 

operators, revenue payors, revenue 

recipients, governmental agencies, and 

the interested public. The location and 

dates of future meetings will be 

published in the Federal Register and 

posted on our Internet site at http://

www.mrm.mms.gov/Laws_R_D/RoyPC/

RoyPC.htm. Meetings will be open to 

the public without registration in 

advance on a space-available basis. The 

public may make statements during the 

meetings, to the extent time permits, 

and file written statements with the RPC 

for its consideration. Copies of these 

written statements should be submitted 

to Mr. Fields. Within 2 weeks following 

the conclusion of each meeting, the 

minutes will be available for public 

inspection and copying at our offices in 

Building 85 on the Denver Federal 

Center in Lakewood, CO. The minutes 

will also be posted on our Internet site 

at http://www.mrm.mms.gov/Laws_R_D/

RoyPC/RoyPC.htm. These meetings are 

conducted under the authority of the 

Federal Advisory Committee Act (Pub. 

L. 92–463, 5 U.S.C., Appendix 1) and 

the Office of Management and Budget 

(Circular No. A–63, revised).

Dated: September 16, 2004. 

Lucy Querques Denett, 

Associate Director, Minerals Revenue 

Management.

[FR Doc. 04–21595 Filed 9–24–04; 8:45 am] 

BILLING CODE 4310–MR–P

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–04–025] 

Government in the Sunshine Act 

Meeting Notice

AGENCY HOLDING THE MEETING: United 

States International Trade Commission.

TIME AND DATE: September 29, 2004, at 

11 a.m.

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, telephone: (202) 

205–2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification list. 

4. Inv. Nos. 731–TA–1054 and 1055 

(Final) (Light-Walled Rectangular Pipe 

and Tube from Mexico and Turkey)—

briefing and vote. (The Commission is 

currently scheduled to transmit its 

determination and Commissioners’

opinions to the Secretary of Commerce 

on or before October 12, 2004.) 

5. Outstanding action jackets:

(1) Document No. GC–04–095 

concerning Inv. Nos. 701–TA–384 and 

731–TA–806–808 (Review) (Hot-Rolled 

Flat-Rolled Carbon-Quality Steel 

Products from Brazil, Japan, and 

Russia). 

(2) Document No. GC–04–114 

concerning proposed rulemaking and 

changes in Agency procedures. 

(3) Document No. ID–04–031 

concerning Inv. No. 332–454 

(Remediation and Nature and 

Landscape Protection Services: An 

Examination of U.S. and Foreign 

Markets). 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting.

By order of the Commission:

Issued: September 9, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–21672 Filed 9–23–04; 11:11 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

[EOIR No. 148] 

Executive Office for Immigration 

Review; Notice of Class Action 

Judgment in Durnford v. Ashcroft

AGENCY: Executive Office for 

Immigration Review, Justice.

ACTION: Notice.

SUMMARY: This notice presents the 

Notice of Resolution of the class action 

settlement in Durnford v. Aschroft,

EEOC Case No. 100–2000–07059X 

(formerly EEOC Case No. 100–A0–

7059X). The Notice of Resolution of 

Class Action sets forth the rights of class 

members for this settlement. This notice 

is published to inform class members of 

the class action settlement.

DATES: This notice is effective 

September 27, 2004.

FOR FURTHER INFORMATION CONTACT:

Further information about the 

Settlement Agreement is available from 

Class Counsel, Kator, Parks, & Weiser, 

P.L.L.C., 812 San Antonio St., Suite 100, 

Austin, Texas 78701, Telephone (512) 

322–0600. Further information about 

the publication of this notice is 

available from Paula Hatch, Office of the 

General Counsel, Executive Office for 

Immigration Review, 5107 Leesburg 

Pike, Suite 2600, Falls Church, VA 

22041, Telephone (703) 305–0322 (Ms. 

Hatch is not to be contacted about the 

terms of the Settlement Agreement).

SUMMARY: The Executive Office for 

Immigration Review (EOIR) is 

publishing this notice to inform class 

members in the class action entitled 

Durnford v. Ashcroft, EEOC Case No. 

100–2000–07059X, of the settlement 

reached in that action. Details of this 

case are set forth in the ‘‘Background of 

Litigation’’ Section of the Appendix 

below. 

White male applicants for 

employment not selected as 

immigration judges during 1994 and 

1995 are class members in this case. 

Applications for immigration judge 

positions posted on October 31, 1995 or 

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Notices 57715

later are not covered by this case. In 

order to receive monetary relief under 

the settlement agreement, a class 

member must submit a signed claim 

form and release. The claim form and 

release must be submitted to the claims 

administrator within 65 days of the 

notice of final approval of the class 

action settlement, which has not yet 

occurred. 

Monetary relief is available under the 

settlement agreement. There will be no 

injunctive relief under the settlement 

agreement. The monetary relief 

available to each class member will be 

determined by a Claims Administrator, 

following a distribution formula 

attached to the settlement agreement.

Dated: September 17, 2004. 

Kevin A. Ohlson, 

Acting Director, Executive Office for 

Immigration Review.

Note: The appendix to this notice contains 

the Notice of Resolution of Class Action, 

Exhibit 4 to the settlement agreement.

Appendix 

The following is the text of the Notice of 

Resolution of Class Action in the Durnford v. 

Ashcroft settlement agreement. The Notice of 

Resolution of Class Action is referenced as 

Exhibit 4 in the settlement agreement. 

Notice of Resolution of Class Action 

To: White male applicants for employment 

not selected as immigration judges during 

1994 and 1995. 

From: David Weiser and Jeremy Wright of 

Kator, Parks, & Weiser, P.L.L.C., 812 San 

Antonio St., Suite 100, Austin, Texas 

78701. 

Michael J. Kator of Kator, Parks, & Weiser, 

P.L.L.C., 1020 19th Street, NW., Suite 

350, Washington, DC 20036. 

Mike Milligan, 303 Texas Avenue, Suite 

808, El Paso, Texas 79901. 

Bruce I. Waxman, Chief Counsel, 

Employee/Labor Relations, Office of the 

General Counsel, Executive Office for 

Immigration Review, U.S. Department of 

Justice.

Please Read This Notice Carefully. This 

notice is sent to you because your rights may 

be affected by a proposed settlement 

agreement. 

Overview 

Purpose of this Notice. 

This notice is given pursuant to 29 CFR 

1614.204(g). You are being sent this notice 

because you may be a Class Member. The 

purpose of the notice is to advise you of a 

proposed settlement agreement (the 

Settlement Agreement) between the Class 

Agents and the United States Department of 

Justice, EOIR (the Agency), in the abovecaptioned class action before the Equal 

Employment Opportunity Commission 

(EEOC). This Settlement Agreement will 

affect the rights of all Class Members. This 

Notice describes the rights you may have 

under the Settlement Agreement and how 

you may assert those rights. 

Recovery Under the Proposed Settlement 

Agreement 

The Settlement Agreement, which is 

attached, provides that the Agency will pay 

a total of eleven million five hundred 

thousand dollars ($11.5 million), which will 

be deposited into a Settlement Fund. This 

$11.5 million is the entire payment by the 

Agency to settle this case. This payment 

covers all damages, interest, and taxes, as 

well as costs, fees, and expenses incurred by 

the Class Counsel for the totality of the 

litigation. A Claims Administrator designated 

by Class Counsel will be solely responsible 

for the distribution of the funds according to 

formulas which are attached as an exhibit to 

the Settlement Agreement. There will be no 

non-monetary relief. 

Reasons for the Settlement 

Continuing with the litigation would incur 

additional delay, risk and increasing 

expenditure. The parties are vigorously at 

odds over liability and damages. The 

Settlement provides benefit and certainty to 

the Class now instead of prolonging the 

disagreement. 

Class Member Information Session 

Class Counsel will host an information 

session for Class Members regarding the 

settlement on October 5, 2004 at 10 a.m. at 

the following location: Grand Hyatt 

Washington, 1000 H Street, NW., 

Washington, DC (‘‘Metro Center’’). Class 

Counsel will discuss in detail the terms of 

the Settlement Agreement and the 

distribution formula. Class Counsel will be 

available to respond to any questions or 

concerns of Class Members regarding the 

settlement. Class Counsel strongly 

encourages Class Members to participate in 

the information session. 

Further Information 

Further information about the settlement 

Agreement and this Notice is available from 

Class Counsel Kator, Parks, & Weiser, 

P.L.L.C., 812 San Antonio St., Suite 100, 

Austin, Texas 78701, Telephone (512) 322–

0600, Facsimile (512) 477–2828, e-mail IJ 

Class@katorparks.com. Neither the Agency 

nor the EEOC can provide additional details. 

Background of Litigation 

Class Agent Lawrence D. Durnford, on 

behalf of himself and others similarly 

situated, filed an EEO complaint against the 

Agency on March 1, 1996, alleging 

discrimination on the basis of race (White) 

and sex (male). Mr. Durnford alleged 

discrimination in his non-selection for the 

position of immigration judge during 1994 

and 1995. After several years of litigation on 

procedural and class certification issues, on 

April 25, 2002, the EEOC Administrative 

Judge (AJ) defined the Class as ‘‘White male 

applicants for employment not selected as 

immigration judges during 1994 and 1995.’’

In September 2002, the EEOC AJ bifurcated 

the issue of liability from that of damages. 

That month, the parties entered into 

extensive liability-related discovery and 

preparation, which included deposing 35 

witnesses, including expert witnesses, the 

disclosure of extensive amounts of 

documents and the exchange of expert 

reports. During the pendency of discovery, 

Mark Glickman was added as a Class Agent. 

The hearing on liability, initially scheduled 

for June 2003, was stayed pending mediation 

by a private mediator. Mediation took place 

in Washington, DC and Austin, Texas. 

Throughout litigation, the Agency denied 

any wrongdoing or liability. The Class and 

the Agency disagreed as to liability and 

damages, including the amount recoverable if 

the Class prevailed and the calculation of 

monetary damages. In January 2004, after 

nearly nine years of litigation and five 

months of mediation, the Agency and the 

Class Agents reached an agreement in 

principle. The agreement in principle was 

the basis for the negotiations that led to the 

Settlement Agreement. 

Summary of Settlement Agreement 

This Notice provides only a summary of 

the terms of the Settlement Agreement. While 

every effort has been made to ensure the 

accuracy of this summary, the specific terms 

of the Settlement Agreement shall govern. 

The Settlement Agreement is attached to this 

Notice. It will also be posted on the Web site 

of the Class Counsel at http://

www.katorparks.com/durnford.htm and the 

Agency Web site at http://www.usdoj.gov/

eoir.

The Agency will deposit $11.5 million into 

a Settlement Fund, which Class Counsel will 

establish as a qualified Settlement Fund 

under Part 468B of the Internal Revenue 

Code. A Claims Administrator, to be 

designated by Class Counsel, will administer 

the funds according to provisions of a 

distribution formula set forth in Exhibit 7 to 

the Settlement Agreement. The formula 

allocates the recovery in proportion to the 

injury suffered by each Class Member. The 

amount to be distributed to each Class 

Member is not known at this time because it 

will depend on the number of Class Members 

who claim relief and the formula calculations 

particular to each Class Member. In addition, 

a portion of the Settlement Fund will be 

allocated to the Class Agents and other Class 

Members according to contributions made 

during the Class aciton litigation. There will 

be no injunctive relief. 

The Claims Administrator will have the 

sole authority to determine who is eligible to 

receive monetary relief. Anyone determined 

by the Claims Administrator to be a Class 

Member will be eligible to receive monetary 

relief. Pursuant to the Settlement Agreement 

and applicable regulations, no Class Member 

may opt out of the Settlement Agreement. 

However, any Class Member may elect not to 

receive the monetary relief afforded under 

this Settlement Agreeent. Any monetary 

relief that is unclaimed or rejected will be 

reallocated to the participating Class 

Members pursuant to the distribution 

formula, if feasible. 

Final Approval of the terms of the 

Settlement Agreement shall bind all Class 

Members, including those not seeking 

recovery from the Settlement Fund. The 

Settlement Agreement extinguishes all 

claims, of all Class Members and the Class 

57716 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Notices 

1The notice of resolution is dated September 15, 

2004. This statement does not refer to the date of 

publication in the Federal Register.

Agents, in the past, present, or the future 

against the Agency pertaining to the selection 

of applicants for the position of immigration 

judge during 1994 and 1995. Each Class 

Member wishing to receive monetary relief of 

any kind must first complete the Claim Form 

and Release, which is Exhibit 1 to the 

Settlement Agreement. 

Class Counsel are solely responsible for all 

aspects of the distribution of the monetary 

relief, including determining the distribution 

methodology set forth in Exhibit 7 to the 

Settlement Agreement and (by and through 

the appointed Claims Administrator) the 

determination of relief to be accorded each 

individual. 

Except as specifically stated otherwise in 

the Claim Form and Release, all information 

provided to Class Counsel for administration 

and distribution of the Settlement Fund shall 

be treated as confidential. The confidentiality 

provisions in the Protective Order issued by 

the EEOC AJ in the administrative case will 

continue to govern materials used in the 

mediation, negotiation, and administration of 

the Settlement Agreement. 

Under the Settlement Agreement, class 

counsel has designated the sum of three 

million nine hundred sixty-six thousand six 

hundred sixty-six dollars ($3,966,666) to be 

allocated to a Litigation Fund for attorneys’

fees, costs and expenses out of the Agency’s 

total payment of $11.5 million. In addition to 

attorney fees, this sum covers such items as 

the cost of the services of expert witnesses, 

deposition transcripts, travel, and mediation. 

The Settlement Agreement is subject to 

Final Approval by the EEOC AJ. The 

Settlement Agreement becomes effective 

upon the date that the EEOC AJ issues a 

decision approving the Settlement and all 

appeals have been finally determined or the 

time for filing appeals has expired. Once 

effective, the terms of the Settlement 

Agreement are binding on all Class Members, 

even those who do not seek recovery from 

the Settlement Fund. 

Class Counsel will be responsible for 

notifying Class Members of the EEOC AJ’s 

Final Approval of the Settlement Agreement 

and providing Class Members with the Claim 

Form, Exhibit 1 to the Settlement Agreement, 

necessary to seek monetary relief from the 

Settlement Fund. This Claim Form, and the 

Release therein, must be executed and timely 

submitted in order to receive monetary relief. 

No funds shall be distributed until any 

administrative appeals of the EEOC AJ’s 

Fianl Approval to the EEOC have been fully 

and finally resolved or the time for such 

appeal has passed, and/or the Agency has 

affirmed the Settlement Agreement, and/or 

the Agency’s opportunity to abrogate the 

Settlement Agreement has expired, pursuant 

to part VII of the Settlement Agreement. 

Although the Claims Administrator will 

withhold monies for payments of FICA, 

income and employment taxes (if any), each 

individual receiving an award from the 

Settlement Fund shall be ultimately 

responsible for satisfying all personal tax 

obligations.

Rights of Class Members 

Seek Monetary Relief or Do Nothing 

You may seek monetary relief provided 

you qualify for allocation under the 

distribution formula and timely submit the 

Claim Form and Release. You must submit a 

signed Claim Form and Release to obtain 

monetary relief under the Agreement. Despite 

your eligibility, you may elect to not seek 

monetary relief. 

Object to the Settlement Agreement 

If you object to any terms within the 

Settlement Agreement because you believe 

they benefit only the Class Agents or are 

otherwise not fair, adequate and reasonable 

to the Class as a whole, you must file a 

written petition to vacate the Settlement 

Agreement, postmarked no later than 30 days 

from the date of this notice of resolution.1

The petition should be sent to Administrative 

Judge Richard E. Schneider, Equal 

Employment Opportunity Commission, 

Washington Field Office, 1801 L St., NW., 

Suite 100, Washington, DC 20507–1002.

You must also send a copy of any objection 

to Class Counsel: David Weiser, Kator, Parks, 

& Weiser, P.L.L.C., 812 San Antonio St., Suite 

100, Austin, Texas 78701; and to Agency 

Counsel: Bruce I. Waxman, Chief Counsel, 

Employee/Labor Relations, U.S. Department 

of Justice, Exeuctive Office for Immigration 

Review, Office of the General Counsel, 5107 

Leesburg Pike, Suite 2600, Falls Church, VA 

22041. 

If you do not submit your objection in a 

timely manner, you waive your opportunity 

to present such objection or otherwise 

appeal. Your objection must show proof that 

you are a Class Member, state the basis for 

any objection, and provide documentation to 

support the objection. 

Fairness Hearing 

Pursuant to 29 CFR 1614.204(g)(4), the 

Administrative Judge will hold a hearing to 

determine the fairness, adequacy, and/or 

reasonableness of the Settlement Agreement 

on November 5, 2004, at the Embassy Suites 

Hotels, 1900 Diagnoal Road, Alexandria, VA, 

22314 at 10 a.m. 

If the EEOC AJ grants final approval to this 

Settlement Agreement despite objections or a 

petition to vacate, you will only be permitted 

to appeal the determination of Final 

Approval if you filed an objection or a 

petition to vacate with the EEOC AJ. The 

EEOC AJ will determine the rights of the 

Class Members with respect to the matters 

covered by the Settlement Agreement, and all 

Class Members are bound by the judgment.

[FR Doc. 04–21603 Filed 9–24–04; 8:45 am] 

BILLING CODE 4410–30–M

DEPARTMENT OF JUSTICE

Antitrust Division 

United States v. Syngenta AG, 

AstraZeneca PLC, Koniklijke 

Cooperatie Cosun U.A. and Advanta 

B.V. Competitive Impact Statement, 

Proposed Final Judgment and 

Complaint 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. section 16(b) through (h), that 

a proposed Final Judgment, Hold 

Separate Stipulation and Order, and 

Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 

Columbia in United States of America v. 

Syngenta AG, et al., Civil Case No. 04 

CV–1442. On August 25, 2004, the 

United States filed a Complaint alleging 

that the proposed acquisition by 

Syngenta AG (‘‘Syngenta’’) of Advanta 

B.V. (‘‘Advanta’’), a seed company 

jointly owned by two European 

companies, would violate section 7 of 

the Clayton Act, 15 U.S.C. 18. The 

proposed Final Judgment, filed the same 

time as the Complaint, requires 

Syngenta to divest Advanta’s worldwide sugar beet seed business. Copies of 

the Complaint, proposed Final 

Judgment, Hold Separate Stipulation 

and Order, and Competitive Impact 

Statement are available for inspection at 

the Department of Justice in 

Washington, DC in Suite 215 North, 325 

7th Street, NW., Washington, DC 20530 

(telephone 202/514–2692), and at the 

Clerk’s Office of the U.S. Court for the 

District of Columbia, 333 Constitution 

Avenue, NW., Washington, DC 20001. 

Public comment is invited within 60 

days of the date of this notice. Such 

comments, and responses thereto, will 

be published in the Federal Register

and filed with the Court. Comments 

should be directed to Roger W. Fones, 

Chief, Transportation, Energy, and 

Agriculture Section, Antitrust Division, 

U.S. Department of Justice, 325 7th 

Street, NW., Suite 500, Washington, DC 

20530 (telephone: 202/307–6351).

J. Robert Kramer, II, 

Director of Operations, Antitrust Division.

Competitive Impact Statement 

Plaintiff United States of America 

(‘‘United States’’), pursuant to section 

2(b) of the Antitrust Procedures and 

Penalties Act (‘‘APPA’’ or ‘‘Tunney 

Act’’), 15 U.S.C. 16(b)–(h), files this 

Competitive Impact Statement relating 

to the proposed Final Judgment 

submitted for entry in this civil antitrust 

proceeding.