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cars at issue are "second generation"
MINI
Coopers with an N12 or N14 engine: the MINI Cooper [*4] R56 (Cooper
Hardtop), 20072010
model years; the MINI Cooper R55 (MINI Clubman ... Plaintiff
Kahn's action has not yet been consolidated with this one.
II. The N14 Class settlement agreement
On November 30, 2015, Plaintiffs filed an unopposed motion for preliminary
approval ... class settlement with respect to owners and lessees of vehicles with an N14
engine only
(the "N14 Class"). ECF No. 70. On January 6, 2016, the Court granted
preliminary
approval
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01416838.pdf
EFTA01372128Set 10
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Plaintiff
Kahn's action has not yet been consolidated with this one.
II. The N14 Class settlement agreement
On November 30, 2015, Plaintiffs filed an unopposed motion for preliminary approval ... class settlement with respect to owners and lessees of vehicles with an N14 engine only
(the "N14 Class"). ECF No. 70. On January 6, 2016, the Court granted preliminary
approval ... objections were raised at the
fairness hearing.
A. The N14 Class
The settlement agreement defines the "N14 Class" and "N14 Vehicles" as:
[alll persons or entities in the United States
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01372128.pdf
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2016 U.S. Dist. LEXIS 97188, *
B. The settlement terms
1. Relief for N14 Class members
If the Court grants final approval to the settlement agreement, Defendants agree ... dismiss
this action with prejudice with respect to al/ Plaintiffs, and N14 Class members "will be
forever barred and enjoined ['8] from pursuing any claims" resolved by the settlement ... consideration, Defendants have agreed to provide N14 Class members with four
primary types of relief. First, N14 Class Vehicles will receive a warranty extension for the
timing-chain tensioner
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01372129.pdf
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fail prematurely. The cars are second
generation MINI Coopers with an N12 or N14 engine, the MINI Cooper
R56 (Cooper Hardtop), 2007-2010 model years, the MINI Cooper R55
(MINI ... agreed to a settlement with respect to owners and
lessees of vehicles with an N14 engine only. The Defendants agree
to provide N14 Class members with four primary types ... relief:
1. N14 Class Vehicles will receive a warranty extension for
the timing-chain tensioner and timing chain for seven years or
100,000 miles from the date when
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01295897.pdf
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relief paid to
Class members who submit valid claims. Id. ¶ VIII.A.
C. Notice to N14 Class members
In its order granting preliminary approval of the settlement agreement, this Court directed ... parties to serve notice of the settlement on all N14 Class members by February 20,
2016, 45 days after the order, and set a deadline of June ... located records for 186,031
N14 Class members representing 80,224 N14 Class Vehicles. ECF No. 92-4 ¶ 4. Of these,
185,582 records had mailing addresses
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relief paid to
Class members who submit valid claims. Id. ¶ VIII.A.
C. Notice to N14 Class members
In its order granting preliminary approval of the settlement agreement, this Court directed ... parties to serve notice of the settlement on all N14 Class members by February 20,
2016, 45 days after the order, and set a deadline of June ... located records for 186,031
N14 Class members representing 80,224 N14 Class Vehicles. ECF No. 92-4 ¶ 4. Of these,
185,582 records had mailing addresses
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01371355.pdf
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supplemental notice to all 111,893 email
addresses on file. Id. ¶ 12.
D. N14 Class member claims, requests for exclusion, and objections
According to Plaintiffs, as of July ... total of 5,310 N14 Class members have
submitted claims under the settlement agreement, and 2,064 claims have been approved.
The remaining claims are under review or are awaiting ... Plaintiffs filed an unopposed motion seeking an order granting final
certification of the N14 Class for settlement purposes, final approval of the settlement, and
relief for N14 Class members under
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supplemental notice to all 111,893 email
addresses on file. Id. ¶ 12.
D. N14 Class member claims, requests for exclusion, and objections
According to Plaintiffs, as of July ... total of 5,310 N14 Class members have
submitted claims under the settlement agreement, and 2,064 claims have been approved.
The remaining claims are under review or are awaiting ... Plaintiffs filed an unopposed motion seeking an order granting final
certification of the N14 Class for settlement purposes, final approval of the settlement, and
relief for N14 Class members under
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Plaintiffs' claims, "for settlement purposes only," are identical to the N14 Class claims. ECF
No. 70 at 22. Plaintiffs represent that 101 Class Members assert that Defendants
knowingly placed Class ... discussed, Plaintiffs' claims are also representative of those of all N14 Class
members, and Plaintiffs "have no interests antagonistic to the class." Id. at 23. Though the
Named Plaintiffs stand ... preliminary approval [*20]
that
Defendants installed the defective timing chain tensioner in all N14 Class Vehicles. ECF
No. 70 at 21. Because the claims of each N14 Class member -- under
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01371357.pdf
Plaintiffs bring a cause
of action on behalf of the entire N14 Class under the Magnuson-Moss Warranty Act, which
provides for statutory fee-shifting ... plaintiff . . . ."). The lodestar method is also
appropriate because the settlement award to N14 Class members also does not consist of
a single, predetermined, common fund from which a percentage
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01372143.pdf
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42Zit'Al PLIASTO4it'hydreckimitY-ATedYdrit'AritY2O114%.114%9TCAKON14%1141/2114/1
29141/2flt
%N14%1M4%•14%14%6P-14%14%14%K144/4 RnT4Wyr4%14%VLI4%;14%1 esT4% ! P1'4%
T4%14%141/414 ... 14ICAM
€44,%' I4,%n114,1414,%14,%)7GICAgiCAIC/214,1A}tsT4,4/2q04,%121- yT4,%0T4,% A n14,%
illATOSTar? Tegz,Yri ii,Wit'AILWxii:AmIL'Ait%y14,%Te'AILWLIAAit
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01747177.pdf
again Court finds that a class action is the superior method
of adjudicating N14 Class members' claims. The class action "offers prompt relief to the
class members and averts ... nearly 200,000 members of the N14 Class, over 5,000 submitted claims after receiving
notice of the settlement. ECF No. 92 at 2. It is far more desirable
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Base/Standard MINI Cooper, which is not a Class Vehicle, should be included in the N14
Class. ECF No. 81. As Plaintiffs argue, Mr. Mazzarella has no standing to make ... owner of a 2010 MINI Cooper
Clubman S. which is not an N14 Class Vehicle. Ms. Curtis lacks standing to challenge the
settlement.
k. Objection of Timothy Fitzgerald
For internal
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2016 U.S. Dist. LEXIS 97188, *
Of the 186,031 N14 Class p27] members, 5,310 submitted claims, 123 opted out, and 23
submitted objections ... lack of standing because the three opted out of the N14 Class; the
objection of Shirtey M. Stipe-Zendle. ECF No. 102. because objection is actually an erroneously filed claim
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01371360.pdf