Kuwaiti-based logistics company Agility has asked an Atlanta, Georgia court to decide whether it was properly served with a notice of indictment for fraud by the US Department of Justice in November 2009.

Known as a briefing schedule, the process will involve Agility filing a statement on the case and the court deciding whether it was properly indicted. It is not known when the process will begin.

The request for a briefing schedule is aimed at preserving the company’s rights while it continues discussions with the Department of Justice to resolve the case.

The company was indicted on 16 November 2009 under its previous name, the Public Warehousing Company (PWC), in a dispute with the department over multiple charges of conspiracy and fraud (MEED 2:2:10).

“The court agreed to assign the case for purposes of setting a briefing schedule and entered a plea of not guilty on the company’s behalf to allow the case to move forward,” according to a company statement.

Court proceedings on the case have been postponed on three previous occasions.