SUSAN ILLSTON, District Judge.
This stipulation is entered into by Plaintiffs Alex Soto and Vince Eagen ("Plaintiffs") and Defendant American Honda Motor Co., Inc. ("Honda" or "Defendant") (collectively, the "Parties"), by and through their respective counsel, with reference to the following facts and recitals:
1. On December 7, 2015, the Court issued an Order (the "Order") [Dkt. 116] partially reopening the Final Order and Judgment in this action solely as to the Settlement Class Members with Settlement Class Vehicles registered in the state of Washington who, due to an inadvertent error by the vendor that gathered the mailing addresses based on eligible vehicle identification numbers ("VIN's"), were not mailed the Notice approved by this Court in or around December 2013 (the "Omitted Owner Group"), so that the parties could provide supplemental mailed notice, and all related rights, to the Omitted Owner Group.
2. In its Order, the Court approved the form of the Supplemental Notice and Claim Form to be disseminated to the Omitted Owner Group without material alteration from the exhibits annexed to the Declaration of Michal B. Shortnacy [Dkt. 114-6]. Order at ¶¶ 5, 7.
3. In preparing the documents for printing and mailing by January 29, 2016, as ordered by the court, the Parties have determined that some members of the Omitted Owner Group, whose vehicles were registered in the state of Washington at the time the original Notice list was prepared in September 2013, may have moved outside of the state of Washington. Honda's vendor, R.L. Polk, is obtaining the most current address information for each member of the Omitted Owner Group, who will be mailed the Supplemental Notice regardless of where they now reside. The Parties therefore made clarifying edits to the Supplemental Notice, which the Parties believe do not materially alter the Court-approved form.
4. Nevertheless, in order to be completely transparent to the Court, the Parties' revisions to the Supplemental Notice and Claim Form are reflected in the attached redline comparisons as against the versions the Court has already approved. See
RESPECTFULLY SUBMITTED.
▪ These rights and options—
▪ The Court in charge of this case previously granted Final Approval of the settlement on March 27, 2014. It has been determined however, that Settlement Class Members residing State Washington state residents
If you live in the state of Washington and
As a member of the Settlement Class, you have a right to know about the Litigation and the court-approved settlement. The judge who is overseeing the case, the Honorable Susan Illston, authorized this Supplemental Notice, which explains the Litigation, the court-approved settlement, your legal rights, what benefits are available, who is eligible for them, and how to obtain them. You have various options that you may exercise before the deadlines set forth in this Supplemental Notice. After the supplemental hearing, the Defendant, American Honda Motor Co., Inc. ("Honda") will provide certain benefits to the Settlement Class Members residing (Hereafter
This lawsuit is about Engine Misfire and its symptoms and causes in the Settlement Class Vehicles.
The Plaintiff, Vince Eagen, alleges that the engines in some Settlement Class Vehicles suffer from Engine Misfire and related symptoms and conditions, including premature spark plug fouling. Plaintiff claims that Settlement Class Vehicles have a defect and related conditions that Honda should have disclosed and/or remedied, at no charge, under warranty. Honda expressly denies the allegations in the Litigation, denies that it has engaged in any wrongdoing, and specifically denies the claims described above and asserted in the Litigation.
There were other claims alleged in the original Class Action Complaint and the First Amended Class Action Complaint that have been dismissed and are no longer part of this settlement.
You can read all of Plaintiff's allegations in the
In a class action lawsuit, one or more persons, called "Named Plaintiffs" sue on behalf of other people who have similar claims ("Proposed Class"). The Named Plaintiff and the Proposed Class are collectively called the "Plaintiffs," and their attorneys are referred to as "Class Counsel." The company that has been sued (here, Honda) is called the "Defendant." In a class action lawsuit, all factual questions and legal issues are resolved for all Plaintiffs, except for those people who choose to exclude themselves from the Class. Judge Susan Illston is presiding over this class action.
Here, the Court has not decided in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement on behalf of everyone in the Settlement Class. That way, all parties avoid the cost of a trial, and Settlement Class Members will receive certain agreed-upon benefits which will be provided after the settlement is approved and becomes Final. The Court granted final approval of the settlement on March 27, 2014. The Class Representative and Class Counsel think the settlement is in the Settlement Class Members' best interests.
Judge Illston granted final approval to the following class for settlement purposes only:
If you are still not sure whether you are included, you can get free help at
Additionally, each Omitted Owner Group Member who does not exclude him- or herself from the settlement
The Claim Form is enclosed with this Supplemental Notice, and you can obtain additional copies to print at
If you fail to mail the Claim Form and supporting documents by the required deadline, your Claim will be denied as untimely. Submitting a Claim Form late or without documentation will be the same as doing nothing (see Question 23).
The Court will hold a supplemental hearing (the "Supplemental Hearing") on April 22, 2016 at 9all Class Members that delay the closing of the Final Judgment with respect to the Omitted Owner Group. It is always uncertain whether such appeals can be resolved, and resolving them can take months or even years. For that reason, at this time there is no way to determine if and when reimbursement payments will be issued. Information about the progress of the case will be available on the settlement website:
If the Settlement Administrator determines your claim should not be paid or should be paid only in part, you will be mailed a letter telling you the amount you are to receive, if any, and explaining how you can appeal the decision, if you wish to do so.
Unless you exclude yourself, you will remain a member of the Settlement Class. That means that you will not be able to sue, continue to sue, or be a part of any other lawsuit against Honda about the same legal issues in this case. It also means that all of the Court's orders in this case will apply to you and legally bind you.
If you want to keep the right to sue, or continue to sue Honda, on your own, about the legal issues in this case, then you must take steps to exclude yourself from the Settlement Class and the settlement. This is sometimes referred to as "opting out."
To exclude yourself from the settlement, you must send a letter ("Exclusion Request") by U.S. mail (or an express mail carrier) saying that you want to be excluded from Soto, et al. v. American Honda Motor Co., Inc., Case No. 3:12-cv-1377-SI and include your:
You cannot exclude yourself from the class action on the phone or by e-mail. You must mail your Exclusion Request to the following, postmarked no later than
If you submit a valid Exclusion Request, you will not receive any benefits of the settlement and you cannot object to the settlement. You will not be legally bound by anything that happens in this court-approved settlement.
No. If you do not timely submit a valid Exclusion Request, you will remain a part of the Settlement Class and you will not be able to sue Honda for the same legal claims that are Released Claims.
No. If you submit a valid Exclusion Request, you will not receive any benefits of the settlement and you cannot object to the settlement. If you exclude yourself, you should not submit a Claim Form seeking reimbursement. You cannot both exclude yourself and seek any benefits of the settlement. If you receive benefits under the settlement, including repairs pursuant to the Warranty Extension, you cannot exclude yourself from the settlement.
The Court has already decided that the following law firms are qualified to represent you and all Settlement Class Members for purposes of this settlement:
Together these law firms are called "Class Counsel." They are experienced in handling similar cases against other automotive manufacturers. More information about these law firms, their practices, and their lawyers' experience is available at www.berklawdc.com, www.terrellmarshall.com, www.ramolson.com, and www.bergermontague.com.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want to hire your own lawyer, you may do so at your own expense.
Class Counsel received an award from the Court of $800,000 in fees and reimbursement for their expenses associated with this case.
The Court also approved an Incentive Award to named Plaintiff Vince Eagen in the amount of one thousand dollars ($1,000) to compensate him for his time and effort on behalf of the Settlement Class.
You may view the applications for the Class Counsel Fees and Expenses Award and the Incentive Award on the settlement administrator's website:
You can tell the Court that you do or do not agree with the settlement or some part of it.
If you remain a Settlement Class Member (that is, if you do not exclude yourself, or opt-out, from the settlement), then you can tell the Court that you like the settlement and it should be approved, or you object to all or part of the settlement with respect to the interests of the Omitted Owner Group. The Court will consider all comments from Settlement Class Members
To comment or object you must send a letter to the Settlement Administrator, to Class Counsel, or Honda's Counsel at the addresses indicated below, saying that you are commenting on the settlement in Soto, et al. v. American Honda Motor Co., Inc., case no. 3:12-cv-1377-SI, and include your:
You do not need to hire legal counsel to comment on or object to the Settlement. But, if you are represented by legal counsel, you must also file your comment or objection to the settlement electronically with the Court.
Any Member of the Omitted Owner Group objecting to the settlement (each an "Objector") must also provide a detailed list of all objections to any other class action settlements submitted by him or her, or his or her legal counsel, to any court in connection with a class action settlement in the previous five (5) years. If the Objector or his or her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he or she must affirmatively state as much in their submission to the Court.
The filing of an objection allows Class Counsel or Honda's Counsel to take the Objector's deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an Objector to make himself or herself available for a deposition or otherwise comply with expedited discovery requests may result in the Court striking the Objector's objection and otherwise denying the Objector the opportunity to make an objection or be further heard. The Court may tax the costs of any such discovery to the Objector or the Objector's counsel should the Court determine that the objection is frivolous or is made for an improper purpose.
If you intend to appear at the Supplemental Hearing, your comment or objection must identify the attorneys representing you, if any, who will appear at the Supplemental Hearing. To appeal from any provision of any the Final Order and Judgment with respect to the Omitted Owner Group, you must appear in person, or through your counsel, at the Supplemental Hearing, or seek leave of Court excusing such appearance prior to the Supplemental Hearing, or as otherwise may be permitted by the Court at the Supplemental Hearing.
You must mail your comment or objection to the Settlement Administrator, Class Counsel or Honda's Counsel at the following addresses, postmarked no later than March 15, 2016:
Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a hearing to decide whether to enter an amended Final Approval Order and Judgment with respect to Settlement Class Members who live in the state of Washington. You may attend and you may ask to speak, but you do not have to attend or speak.
The Court will hold a hearing (the "Supplemental Hearing") on April 22, 2016 at 910:00 a.m. at the Phillip Burton Federal Building & United States Courthouse, Courtroom 10, 19th Floor, located at 450 Golden Gate Avenue, San Francisco, CA 94102. If there are objections submitted or filed by the Omitted Owner Group, the Court will consider them. Judge Illston may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to close the Final Approval Order and Judgment and enter an amended Final Judgment as to the Omitted Owner Group. We do not know how long it will take for the Court to make its decision.
No, but you are welcome to come at your own expense if you do not exclude yourself from the settlement. Class Counsel will answer questions that Judge Illston might have. If you send a comment or objection, you do not have to come to the Supplemental Hearing to talk about it. However, if you submit an objection and you do not appear at the Supplemental Hearing you will lose the right to appeal from any provision of any order approving the settlement as fair, reasonable, and adequate. (See Question 18.) As long as you sent your comment or objection such that it was received on time, the Court will consider it. If you decide to hire your own attorney, he or she may also attend the Supplemental Hearing, but it is not necessary.
If you do not exclude yourself, you may ask the Court's permission to speak at the Supplemental Hearing. To do so, you must send a letter to the Court, and provide a copy to Class Counsel and Honda's Counsel, indicating that you intend to appear at the Supplemental Hearing in Soto, et al. v. American Honda Motor Co., Inc., Case No. 3:12-cv-1377-SI. The letter must state the position you intend to present at the hearing, state the identities of all attorneys, if any, who will represent you, and must include your full name, current address, telephone number, model year and VIN of your Class Vehicle(s), and your signature. You must send your notice to the Clerk of the Court, Class Counsel, and Honda's Counsel at the three addresses listed under Questions 18 and 20 above, postmarked no later than March 15, 2016. You may combine this notice and your comment or objection (described under Question 18) in a single letter. You cannot speak at the Supplemental Hearing if you exclude yourself from the settlement.
If you do nothing, you will remain a member of the Settlement Class and benefit from the limited Powertrain Warranty Extension (which has been operative for all Settlement Class Members since December 2013) described under Question 7 above, but you will receive no reimbursement of Out-Of-Pocket Expenses for eligible repairs or replacements. Furthermore, you will not be permitted to appear and speak at the Supplemental Hearing.
You can obtain more information by visiting the website
You may also call Class Counsel at (206) 816-6603 or write them at: