THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to. When and where will the Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at [time] on [date] at the U.S. District Court for the Central District of California, First Street U.S. Courthouse, 000 X 0xx Xxxxxx, Xxx Xxxxxxx, XX 00000. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take. The hearing may be rescheduled without further notice to you, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to the Fairness Hearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than [date], and be sent to Class Counsel and counsel for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other information. You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
Samples: Settlement Agreement
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to22. When and where will the Court decide whether to approve the Settlementsettlement? The Court will hold a Final Approval Hearing (also called the Fairness Hearing Hearing) at [time] on [date] Date and Time], at the U.S. District Court for the Central District of California, First Street U.S. CourthouseXxx Xxxxxxxxxxx Civil Courts Building - 4th Floor, 000 X 0xx Xxxxx Xxxxxxx Xxxxxx, Fort Worth, TX 76196 before Judge Xxx Xxxxxxx, XX 00000Xxxxx. At this hearing hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; Class Counsel’s application for attorneys’ fees, costs, and expenses; and whether to approve a service award to the Class Representative. If there are objections, the Court will consider them. The Court will listen may choose to hear from people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After At or after the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will takeThere is no deadline by which the Court must make its decision. The hearing Court may be rescheduled reschedule the Fairness Hearing or change any of the deadlines described in this notice. The date of the Fairness Hearing may change without further notice to youthe Settlement Class Members. Be sure to check the website, so it is recommended that you periodically check [settlement website] xxx.xxxxxxxxxxxx.xxx for updated information. Do I have to come to the Fairness Hearing? Exhibit C – Long Form Notice Noupdates. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send file a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN motion for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than [date], and be sent to Class Counsel and counsel for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits final approval of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved Settlement by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement websiteDATE]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effectsObjectors, if any, must file any response to Class Counsel’s motion by [DATE]. Responses to any objections and any replies in support of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other information. You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk final approval of the CourtSettlement and/or Class Counsel’s Officeapplication for attorneys’ fees, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXXcosts, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATIONexpenses, and KIA AMERICA, INCService Awards will be filed by [DATE]., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to22. When and where will the Court decide whether to approve the Settlementsettlement? The Court will hold a Fairness Hearing at [time] a.m. on [date] , at the U.S. District Court for the Central District of California, First Street U.S. Courthouse, federal courthouse located at 000 X 0xx Xxxxxx Xxxxxx, Xxx XxxxxxxXxxxxxxxxxxx, XX 0000000000 before Judge Xxxx X. Xxxxxxx. At this hearing hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; Class Counsel’s application for attorneys’ fees, costs, and expenses; and whether to approve service awards to the Class Representatives. If there are objections, the Court will consider them. The Court will listen may choose to hear from people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After At or after the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will takeThere is no deadline by which the Court must make its decision. The hearing Court may be rescheduled reschedule the Fairness Hearing or change any of the deadlines described in this notice. The date of the Fairness Hearing may change without further notice to youthe Settlement Class Members. Be sure to check the website, so it is recommended that you periodically check [settlement website] xxx.XxxxxxxXxxxxxxxxx.xxx., for updated informationupdates. Do I have You can also access the case docket via the Court’s Public Access to come to the Fairness Hearing? Exhibit C – Long Form Notice NoCourt Electronic Records (PACER) system at xxxxx://xxx.xxxx.xxxxxxxx.xxx. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send file a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN motion for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than [date], and be sent to Class Counsel and counsel for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits final approval of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspectionSettlement by . But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effectsObjectors, if any, must file any response to Class Counsel’s motion by . Responses to any objections and any replies in support of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other information. You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk final approval of the CourtSettlement and/or Class Counsel’s Officeapplication for attorneys’ fees, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXXcosts, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATIONexpenses, and KIA AMERICA, INCService Awards will be filed by _ ., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
Samples: Settlement Agreement
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve grant final approval of the Settlementsettlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to. When and where will the Court decide whether to approve the Settlementsettlement? The Court will hold a Fairness Hearing at [timeTIME] on [dateDATE] at [COURT NAME, STREET ADDRESS, COURTROOM NUMBER, CITY, ZIP CODE]. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the U.S. District Court for website, or call to ensure the Central District of California, First Street U.S. Courthouse, 000 X 0xx Xxxxxx, Xxx Xxxxxxx, XX 00000hearing has not been moved. At this hearing hearing, the Court will consider whether the Settlement settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them. The Court will them and may listen to people who have asked to speak at the hearinghearing if such a request has been properly made. The Court may will also decide how much to pay Class Counsel rule on the request for an award of attorneys’ fees and whether to approve reasonable costs and expenses, as well as the request for a service award for the Class Representatives’ service awardsPlaintiff. After the hearing, the Court will decide whether to finally approve the Settlementsettlement. We do not know how long these decisions will taketake so please be patient and continue to check the settlement website for updates. The hearing may be rescheduled without further notice to you, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to attend the Fairness Hearinghearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may havepresent the Settlement Agreement to the Court. However, you You or your own lawyer are welcome to come attend at your own expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you mailed filed your written objection on timetime with the Court and mailed it according to the instructions provided in Question 18, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearinghearing? You may ask the Court’s Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention file an objection according to Appear the instructions in ZakikhaniQuestion 18, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at including all the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent youinformation required. Your Notice of Intention to Appear Objection must be filed with the Clerk of the Court no later than [60 days after the Notice Deadline]. In addition, you must mail a copy of your objection to the Claims Administrator, [Street Address, City, State and Zip Code], postmarked no later than [date60 days after the Notice Deadline], and be sent to Class Counsel and counsel . See Question 18 for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 more information regarding objections. IF YOU DO NOTHING What happens if I do nothing at allnothing? If you do nothing, you’ll you will get no reimbursements for past expenses related to the alleged ABS module defect monetary benefits from this Settlementsettlement and you will not have the opportunity to enroll in Aura’s credit monitoring service, though you may be entitled to if the benefits of settlement is finally approved. Once the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) settlement is granted final approval and the right to a free one-time ABS module inspection. But, unless you exclude yourselfjudgment becomes final, you won’t will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other CSS related entities or individuals about to the legal issues in these lawsuits this case, ever again. However, even You must exclude yourself from the settlement if you take no action, you will keep your want to retain the right to sue Defendants CSS for any other of the claims not resolved by the Settlementthis settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents This Notice only provides a summary of the proposed settlement. Complete details about the Settlement, a Claim Form, plus other informationsettlement can be found in the Settlement Agreement available at . You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #also:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
Samples: Settlement Agreement
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to. When and where will the Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at [time] on [date] at the U.S. District Court for the Central District of California, First Street U.S. Courthouse, 000 X 0xx Xxxxxx, Xxx Xxxxxxx, XX 00000. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take. The hearing may be rescheduled without further notice to you, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to the Fairness Hearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than [date], and be sent to Class Counsel and counsel for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other information. You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131129-1 #:3078 2890 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 10/17/22 Page 77 69 of 94 86 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
Samples: Settlement Agreement
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to. When and where will the Court decide whether to approve the Settlementsettlement? The Court will hold a Fairness Hearing at [time] on [date] at hearing (called the U.S. District Court for “Final Approval Hearing”) to decide whether to approve the Central District of Californiasettlement. During this hearing, First Street U.S. Courthouse, 000 X 0xx Xxxxxx, Xxx Xxxxxxx, XX 00000. At this hearing the Court will consider whether the Settlement settlement is fair, reasonable, and adequate. If there are objections, the Court will consider themtake them into account. The Additionally, the Court will listen also decide the request for attorneys’ fees for Class Counsel and service awards for the Class Representatives. You may attend the Final Approval Hearing and you may ask permission to people who speak, but you don’t have asked to. If you wish to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take. The hearing may be rescheduled without further notice to you, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to the Fairness Hearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at or your own expense. If personal lawyer (if you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you one) must send a letter saying stating that it is your “Notice of Intention to Appear in ZakikhaniXxxx Xxxxxxxxx, et al. v. Hyundai Motor CompanyRiverstone Communities, et al.LLC, Civil Action No. 8:205:21-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22CV-486-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)D.” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be filed or mailed so as to be postmarked no later than [date], 2023, and be sent to Class Counsel the Clerk of Court, P.O. Box 25670, 000 Xxx Xxxx Xxxxxx, Xxxxxxx, XX 00000 (27601) and counsel for Defendantsto the Settlement Administrator at Xxxxxxxxx v. Riverstone, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241. You cannot speak at the hearing if you do not file the “Notice of Intention” or if you have opted out of the settlement. The Final Approval Hearing will be held before Judge Xxxxx at the following addressestime and place: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & United States Courthouse 000 Xxx Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx XxxxXxxxxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes provides a summary of the proposed Settlementsettlement. More details are in a Settlement AgreementFor more detailed information, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor obtain a copy of the Class Representatives make any representation regarding Settlement Agreement by visiting the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] website xxx.XxxxxxXxxxxXxxxxXxxxxx.xxx or by calling toll free 1-8xx-xx-xxxx. The website will be updated regularly. Please do not call the Judge or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other information. You may also contact Class Counsel listed above. Other than a request to review the Court’s files at the Clerk of the Court’s Office; they cannot give you advice about this case. IF YOUR ADDRESS HAS CHANGED FROM THE ADDRESS SHOWN ON THE ENVELOPE, please do not contact the Clerk of the Court or the Judge with questionsOR IF YOUR ADDRESS CHANGES BEFORE YOU RECEIVE A CHECK IN THE MAIL, YOU MUST NOTIFY THE SETTLEMENT ADMINISTRATOR. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 YOU CAN CONTACT THE SETTLEMENT ADMINISTRATOR BY E-MAIL OR IN WRITING, AT THE ADDRESS PROVIDED BELOW: Xxxxxxxxx x. Riverstone Address Change c/o Settlement Administrator PO Box 23369 Jacksonville, FL 32241 E-Mail: xxxx@XxxxxxXxxxxXxxxxXxxxxx.xxx EXHIBIT C IN THE UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL EASTERN DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XX., NORTH CAROLINA WESTERN DIVISION Civil Action No. 5:21-CV-486-D XXXX XXXXXXXXX and XXXXX ) XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of ) themselves and all others similarly situated, ) ) Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158) )
Appears in 1 contract
Samples: www.americanlegal.com
THE COURT’S FAIRNESS HEARING. The Court will hold a hearing Fairness Hearing on [date] at [time] to decide whether to approve the Settlement. You may attend and you may ask to speak, subject to The hearing will be in Department [ ] of the requirements above, but you don’t have to. When and where will the Superior Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at [time] on [date] at the U.S. District Court for the Central District of California, First Street U.S. CourthouseSolano County, 000 X 0xx XxxxxxXxxxx Xx, Xxx XxxxxxxXxxxxxxxx, XX 00000. At this hearing the The Court will consider whether the Settlement settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen also consider what amount to people who have asked award to speak at each of the hearing. The Court may also decide how much class representatives as compensation for their services for the Settlement Class, and what amount to pay award Class Counsel for their attorneys’ fees and whether to approve the Class Representatives’ service awardscosts. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take. The hearing You may be rescheduled without further notice to you, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to appear at the Fairness Hearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at on your own expense. If you send an objectionbehalf or through counsel, but you do not have to come to Court to talk about itto. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness HearingHOW DO YOU GET A SETTLEMENT BENEFIT? You may ask the Court’s permission to speak at the Fairness Hearing. To do soobtain a Cash Benefit, you must send timely and properly submit a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et alcompleted Claim Form no later than [date]. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” The Claim Form may be submitted online at xxx.xxxxxxxxxxxx.xxx no later than [date] or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear by mail but must be postmarked no later than [date], and be sent to Class Counsel and counsel for Defendants, . Claim Forms are available at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though xxx.xxxxxxxxxxxx.xxx or you may be entitled to the benefits of the extended warranty request one by calling (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA RecallXXX) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, a Claim Form, plus other informationXXX XXXX. You may also contact Class Counsel listed above. Other than file a request to review claim by clicking on the Court’s files “File A Claim” button below or at the Clerk top of this email. FILE A CLAIM PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE. QUESTIONS? Visit blsettlement Call (XXX)XXX XXXX Write Elixir Cosmetics Settlement Administrator c/o [name] [address] EXHIBIT D EXHIBIT D If you purchased Babe Enhancement Serums in the United States, you can obtain a cas h payment from a class action settlement. What Is the Lawsuit And This Settlement About? The class action lawsuit alleges that Elixir made misrepresentations and failed to disclose material information regarding its Xxxx Xxxx Essential Lash Serum, Xxxx Xxxx Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum (the “Products”), regarding the ingredient Isopropyl Cloprostenate. Elixir denies Plaintiff’s allegations and states that Isopropyl Cloprostenate as used in the Products is safe. The Court has not decided in favor of any party. Who Is Affected By The Settlement? You are a Class Member affected by the Settlement if you purchased the Products for personal, household, family, or professional use between June 1, 2019 and [date], excluding (a) any individuals who have pending litigation against Elixir; (b) any Settlement Class Members who file a timely request for exclusion; (c) any officers, directors, or employees, or immediate family members of the Court’s Officeofficers, please do not contact directors, or employees, of Elixir or any entity in which Elixir has a controlling interest; (d) any legal counsel or employee of legal counsel for Xxxxxx; (e) any federal, state, or local government entities; and (f) any judicial officers presiding over the Clerk Action and the members of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval their immediate family and judicial staff (collectively, “Settlement Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XXMembers”)., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
THE COURT’S FAIRNESS HEARING. The Court U.S. District Court, Middle District of Florida, Tampa Division, located at the Xxx X. Xxxxxxx U.S. Courthouse, 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxx, XX 00000, will hold a hearing to decide whether to approve the Settlementin this case (Xxxxx Xxxxxx and Xxxxxxxx Xxxxxx, on behalf of themselves and all others similarly situated v. Electrolux Home Products, Inc., No. You may attend and you may ask to speak, subject to the requirements above, but you don’t have to. When and where will the Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at [time] 8:16-cv-00911) on [dateDate/Time To Come] at in Courtroom 13A. At the U.S. District Court for the Central District of California, First Street U.S. Courthouse, 000 X 0xx Xxxxxx, Xxx Xxxxxxx, XX 00000. At this fairness hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve approve: (1) the Settlementsettlement; (2) Class Counsel’s request for attorney fees up to $3,300,000 and for reimbursement of litigation expenses up to $400,000; and (3) Class Counsel’s request for service awards to the Class Representatives in the amount of $4,000 by household or $8,000 in total. We If approved, these fees, expenses, and awards will be paid separately by Electrolux and will not reduce the amount of money available to Class Members. You may appear at the hearing, but you do not know how long these decisions will takehave to. The hearing You also may be rescheduled without further notice to youhire your own attorney, so it is recommended that you periodically check [settlement website] for updated information. Do I have to come to the Fairness Hearing? Exhibit C – Long Form Notice No. Class Counsel will answer any questions Judge Xxxxxxxxxx may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval. May I speak at the Fairness Hearing? You may ask the Court’s permission to speak at the Fairness Hearing. To do so, for you must send a letter saying that it is your “Notice of Intention to Appear in Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.), Xxxxx, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.), and Xxxxxxxxxx, et al. v. Hyundai Motor America, et al., No. 8:22- cv-00824 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure WANT MORE INFORMATION? Call, go to include your namethe website, addressor write to Electrolux Front-Loading Washers Settlement, telephone number[Address, the model year and VIN for your Class Vehicle(s)City, and signatureState, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than Zip] Si usted desea obtener una copie de este documento legal en Español, favor de visite la página web xxx.XxxxxxXxxxxxxxxx.xxx o escribe al Administrador de Reclamos: Electrolux Front-Loading Washers Xxxxxxxxxx, [date], and be sent to Class Counsel and counsel for Defendants, at the following addresses: Defense Counsel Class Counsel Xxxxx X. Xxxxxxxxxx Xxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxx, XX 00000 Xxxxxxxxx X. Xxxxx Xxxxx Xxxxx LLC 000 X. Xxxxxx Dr.Xxxxx, 24th Floor ChicagoZip] 1-[Toll Free Number] www.[WEBSITE].com EXHIBIT G UNITED STATES DISTRICT COURT, IL 60606 IF YOU DO NOTHING What happens if I do nothing at all? MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION Si usted desea obtener una copie de este documento legal en Español, favor de visite la página web www.[WEBSITE].com o escribe al Administrador de Reclamos: Electrolux Front-Loading Washers Xxxxxxxxxx, [Xxxxxxx, Xxxx, Xxxxx, Zip] If you do nothingpurchased or owned a new high-efficiency front-loading washing machine manufactured by Electrolux, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, cash or other related entities compensation from a class action settlement. Includes the following brands: Electrolux, Frigidaire, Crosley, White-Westinghouse, and Kenmore A federal court authorized this Notice. This is not a solicitation from a lawyer. • A Settlement has been reached in certain class action lawsuits against Electrolux Home Products, Inc. (“Electrolux” or individuals about “Defendant”) regarding certain front-loading washing machines purchased during the legal issues period from January 1, 2004 through December 31, 2011. • If you are included in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement. GETTING MORE INFORMATION Are there more details about the Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement, which you can view at [settlement website]. Exhibit C – Long Form Notice Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have. How do I get more information? You can call [settlement admin hotline] toll free or visit [settlement website], where you will find information and documents about the Settlement, you may qualify for one of a Claim Formvariety of benefits including a cash payment, plus other informationa rebate on the purchase of a new washing machine or dryer, or reimbursement for out-of- pocket expenses incurred due to past persistent mold, mildew or Odor Issues (as defined at www.[WEBSITE].com) inside your washing machine. You may also contact Class Counsel listed above• Your legal rights are affected whether you act or don’t act. Other than Read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A CLAIM FORM Deadline: [To Come] The only way to get a request cash payment, a rebate for the purchase of a new washing machine or dryer, reimbursement for the repair or replacement of a washing machine with mold, mildew or Odor Issues or for the limited replacement for damaged garments due to review mold, mildew or Odor Issues inside the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions. Exhibit D Exhibit D- Proposed Preliminary Approval and Class Certification Order 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA XXXXXX XXXXXXXXX, XXXXXXXX XXXXXXX, XXXXXXXX XXXXXX XXwashing machine., XXXXXXX XXXXX, XXXXXXXXXX XXXXXXXXXX, XXXXX XXXXXX, XXX XXXXXXXXXX, XXXXXX XXXXXXX, XXXXXX XXXXX, and XXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. XXXXXX XXXXX, XXXXXXX XXXXXXX, XXXXX XXXXXXX, and Case No.: 8:20-cv-01584-SB-JDE [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: September 16, 2022 Time: 8:30 a.m. Courtroom: 6A Judge: Xxx. Xxxxxxx Xxxxxxxxxx Jr. Mag. Judge: Xxx. Xxxx X. Early 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 8:20-cv-01584-SB-JDE Document 131-1 #:3078 Exhibit D- Proposed P XXXXXXX XXXXXXX, individually and on behalf of all others similarly situated, Plaintiffs, v. HYUNDAI MOTOR COMPANY, HYUNDAI MOTOR AMERICA, KIA CORPORATION, and KIA AMERICA, INC., Defendants. Filed 10/21/22 Page 77 of 94 Pagereliminary Approval and Class Certification Case No.: 8:22-cv-00300-SB-JDE XXXX XXXXXXXXXX, XXXXX XXXXXX, XXXXXXX XXXXX, XXXXX XXXX, XXXXXX XXXXXX, and XXXXX XXXXX, individually and on behalf of all others similarly situated Plaintiffs, v. HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR COMPANY, KIA AMERICA, INC., and KIA CORPORATION, Defendants. ii [Proposed] Order Case No.: 8:22-cv-00824-SB-JDE 8:20-CV-0158
Appears in 1 contract
Samples: Settlement Agreement
