Milligan et al v. Toyota Motor Sales, U.S.A., Inc. et al

Filing 82

ORDER OF FINAL JUDGMENT AND DISMISSAL. Signed by Judge Richard Seeborg on 2/2/12. (cl, COURT STAFF) (Filed on 2/3/2012)

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Beth E. Terrell, CSB #178181
Email: [e-mail]
TERRELL MARSHALL DAUDT & WILLIE PLLC
936 North 34th Street, Suite 400
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: [phone]
Jeffrey B. Cereghino, CSB #099480
Email: [e-mail]
MERRILL, NOMURA & MOLINEUX LLP
350 Rose Street
Danville, California 94526
Telephone: [phone]
Facsimile: [phone]

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[Additional counsel appear on signature page]
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Attorneys for Plaintiffs and Plaintiff Class

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CARIN and GEORGE EDWIN MILLIGAN,
California residents, on behalf of themselves
and all others similarly situated,
Plaintiffs,

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NO. C09-05418 RS
[PROPOSED] ORDER OF FINAL
JUDGMENT AND DISMISSAL

v.
(Clerk’s Action Required)

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TOYOTA MOTOR SALES, U.S.A., INC., a
California corporation and TOYOTA
MOTOR NORTH AMERICA, INC., a New
York corporation,

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Defendant.
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[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 1
CASE NO. C09-05418 RS

CLASS ACTION

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WHEREAS, on January 6, 2012, the Court entered an Order Granting Final Approval of

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Class Action Settlement and Granting Award of Attorneys’ Fees, Costs, and Incentive

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Payments to Class Representatives (Dkt. 80), which Order is incorporated herein by reference;

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WHEREAS, the Settlement Agreement requires that the Court enter certain findings;

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

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1.

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The Court has jurisdiction over the subject matter of this action, all members of

the Settlement Class and Defendant;
2.

The proposed Class meets Rule 23’s requirements and certification is

appropriate for settlement purposes only. Pursuant to Federal Rules of Civil Procedure 23(a)

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and 23(b)(3), the Court has certified, for settlement purposes only, the following class:
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All persons in the United States, including the Commonwealth of
Puerto Rico, who currently own or lease or who previously owned
or leased a model-year 2001-2003 Toyota RAV4 vehicle with
automatic transmissions (“Class Vehicle”). Excluded from the
Settlement Class are the following: a) officers and directors of
Toyota (as defined below) b) the Judge to whom this case is
assigned and any member of the Judge’s immediate family; and c)
persons who have submitted a timely and valid request for
exclusion from the Settlement Class;

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3.

The Named Plaintiffs and Class Counsel have fairly and adequately represented

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the interests of the Settlement Class Members at all times in this case and in the related action

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of Washington v. Toyota Motor Sales USA, Inc.;

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4.

The proposed Class Settlement is the result of arm’s length negotiations and is

fair, reasonable, and adequate;
5.

The form and manner of disseminating class Notice as set forth in this

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Settlement Agreement and ordered by the Court was accomplished as directed, constituted the

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best practicable notice under the circumstances, met or exceeded the requirements of due

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process, and constituted due and sufficient notice to all members of the Settlement Class;

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6.

The Parties shall effectuate the terms of the Settlement Agreement;

[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 2
CASE NO. C09-05418 RS

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7.

Toyota, as defined in the Settlement Agreement, is hereby released and

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otherwise discharged from all further liability for the Released Claims to Settlement Class

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members;

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8.

Each of the Settlement Class members and any of their predecessors, successors,

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representatives, parent companies, subsidiaries, affiliates, heirs, executors, administrators,

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attorneys, successors, and assignees, are permanently barred from instituting, filing,

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commencing, prosecuting, maintaining, continuing to prosecute, directly or indirectly, as an

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individual or collectively, representatively, derivatively, or on behalf of them, or in any other

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capacity of any kind whatsoever, any action in any state or federal court or any other tribunal,

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forum, or proceeding of any kind, against Toyota that asserts any of the Released Claims;
9.

This Litigation is DISMISSED WITH PREJUDICE and without costs to any

Party, other than as specified in the Settlement Agreement and this Order;
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This Judgment is the Final Judgment in the suit as to all Class Member Released

Claims.
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Without affecting the finality of this Judgment in any way, this Court retains

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jurisdiction over: (a) implementation of the Settlement and the terms of the Settlement

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Agreement; (b) distribution of the Class Settlement Amount, the Class Representative Incentive

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Awards, and the Attorneys’ Fees and Costs Amount; and (c) all other proceedings related to the

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implementation, interpretation, administration, consummation, and enforcement of the terms of

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the Settlement Agreement and/or the Settlement, and the administration of Claims by

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Settlement Class Members.

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12.

This Court finds that there is no just reason for delay and expressly directs

Judgment and immediate entry by the Clerk of the Court.

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[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 3
CASE NO. C09-05418 RS

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IT IS SO ORDERED.
2nd
February
DATED this ______day of ________________, 2012.

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__________________________________
UNITED STATES DISTRICT JUDGE

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Presented by:

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TERRELL MARSHALL DAUDT & WILLIE PLLC
By: /s/ Beth E. Terrell, CSB #178181
Beth E. Terrell, CSB #178181
Email: [e-mail]
936 North 34th Street, Suite 400
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: [phone]
Michael F. Ram, CSB #104805
Jeffrey B. Cereghino, CSB #99480
Email: [e-mail]
RAM OLSON CEREGHINO & KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Steven M. Tindall, CSB #187862
Email: [e-mail]
Angela Perone, CSB #245793
Email: [e-mail]
RUKIN HYLAND DORIA & TINDALL
100 Pine Street, Suite 725
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 4
CASE NO. C09-05418 RS

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Jennie L. Anderson, CSB #203586
Email: [e-mail]
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and Plaintiff Class

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[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 5
CASE NO. C09-05418 RS

CERTIFICATE OF SERVICE

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I, Beth E. Terrell, hereby certify that on February 2, 2012, I electronically filed the

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foregoing with the Clerk of the Court using the CM/ECF system which will send notification of

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such filing to the following:

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Frank C. Rothrock
Email: [e-mail]
Douglas W. Robinson
Email: [e-mail]
Eva M. Weiler
Email: [e-mail]
SHOOK, HARDY & BACON LLP
5 Park Plaza, Suite 1600
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]
Robert Thomas Adams, Admitted Pro Hac Vice
Email: [e-mail]
SHOOK, HARDY & BACON LLP
2555 Grand Boulevard
Kansas City, Missouri 64108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
DATED this 2nd day of February, 2012.
TERRELL MARSHALL DAUDT & WILLIE PLLC

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By: /s/ Beth E. Terrell, CSB #178181
Beth E. Terrell, CSB #178181
Email: [e-mail]
936 North 34th Street, Suite 400
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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[PROPOSED] ORDER OF FINAL JUDGMENT AND
DISMISSAL - 6
CASE NO. C09-05418 RS