Federal Judge Strikes Down Motion to Dismiss DHL Interference, Fraud, Deceptive Practices Case

(Chicago, IL, January 31, 2005) In what plaintiff Pagoda Enterprizes, Inc., a Grayslake, IL based refund recovery company, described as “no surprise”, a Federal judge denied a motion by DHL Express USA to dismiss a lawsuit accusing the delivery company of intentional interference, fraud and deceptive practices.

A Senior Federal Court judge in Chicago, issued his decision to move the case forward, relying only on the filed motions and without hearing oral arguments. The trial will likely proceed later this year.

After receiving news of the judge’s decision, the “Courier Watchdog Service” Founder and Chief Operating Officer, Thomas Stahler, noted, “We are not surprised by today’s decision as have always remained supremely confident in our case.” Mr. Stahler, who in 2003 started the company that tracks, traces and returns express transportation refunds to its customers, appeared resolute and positive. “On behalf of our customers, who have been supportive during the latter part of last year, we are grateful and look forward to vigorously pursuing this matter.”

Pagoda sued the Plantation, Florida based delivery company in October of last year alleging that it denied nearly $100,000 in refund claims and further alleging that DHL contacted Pagoda’s customers and attempted to forbid the use of the third party auditor, despite the lack of any such prohibition in DHL’s own customer agreements.

Despite the ongoing lawsuit, Pagoda Enterprizes, Inc. believes it has reached an interim agreement with DHL to provide written consent from customers in exchange for allowing refund submissions on a move forward basis. “We are happy that DHL has chose to work with us at this point, but it does not eradicate either the damage or lost opportunities they have caused Pagoda in 2004.” Still confident, Stahler added, “We are focused on gaining new business and providing our highly effective, cost saving service to all express transportation customers nationally.”