Salimi et al v. BMW Financial Services NA, LLC et al

Filing 64

ORDER REGARDING PLAINTIFFS' MOTION FOR APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Jeffrey S. White on 2/6/14. (jjoS, COURT STAFF) (Filed on 2/6/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MOHAMMAD SALIMI and AUGUST
GALARAGA,

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No. C 12-01754 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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BMW FINANCIAL SERVICES NA, LLC and
ASSET ACQUISITION GROUP, LLC,

ORDER REGARDING
PLAINTIFFS’ MOTION FOR
APPROVAL OF CLASS ACTION
SETTLEMENT

Defendants.
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Now before the Court is the motion for preliminary approval of class action settlement

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filed by Plaintiffs. The Court has a concern regarding the order requested by Defendants

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approving the notice of intent and would prefer to wait to address this requested order when the

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Court reviews the motion for final approval. This will give class members an opportunity to

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voice any concerns with the proposed notice. Currently, the Court is concerned with

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Defendants’ failure to provide the names and addresses of the third parties who are to be paid.

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The Court finds that Juarez v. Arcadia Financial, Ltd., 152 Cal. App. 4th 889, 904-905 (2007)

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construed the Rees-Levering Act to require this information. The Court notes Defendants’

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concern that a consumer may be able to pay the law enforcement fee at multiple locations.

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However, Defendants could provide the name and address of at least one valid location and note

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that the consumer may be able to pay this fee at other, potentially more convenient locations,

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such as at the storage facility. The proposed notice of intent also fails to provide the name and

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address of the storage facility.

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Therefore, the Court requires further briefing to address these concerns. Specifically,

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Defendants are amenable to waiting for the Court to address their requested order until the

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Court reviews the motion for final approval. Moreover, Defendants shall address whether they

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are willing to amend their proposed notice of intent to provide names and addresses of the third

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parties who are to be paid.

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Defendants shall provide this additional briefing by no later than February 18, 2014.
Plaintiffs may respond by no later than February 25, 2014.
IT IS SO ORDERED.

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Dated: February 6, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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