Seifi et al v. Mercedes-Benz USA, LLC

Filing 146

ORDER re: 142 motion for class action settlement. Signed by Judge Thelton E. Henderson on 03/25/2015. (tehlc1, COURT STAFF) (Filed on 3/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAJEED SEIFI, et al.,

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Plaintiffs,

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v.
MERCEDES-BENZ U.S.A., LLC,

Case No. 12-cv-05493-TEH
ORDER RE: JOINT MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Defendant.

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The parties shall either submit a joint statement in response to the following

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United States District Court
Northern District of California

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questions, or else shall be prepared to discuss them at the April 27, 2015 hearing on their

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joint motion for preliminary approval of class action settlement:

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1. Will MBUSA pay 100% of the cost of any Settlement Class Members’ repairs, as

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indicated by the motion? Compare Mot. at 3 (Docket No. 142) with Settlement Agreement

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at ¶ 4.2 (Docket No. 142-2). If so, where does the Settlement Agreement provide for

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100% payment, and which Settlement Class Members would receive it?

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2. Will the 45-day deadline to object or opt-out of the Settlement restart for Class
Members for whom notice is returned under ¶ 5.7 of the Settlement Agreement?

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3. The Court believes that it lacks jurisdiction to stay active proceedings in other

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federal district courts, and that concerns of comity militate against such a stay. Newberg

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on Class Actions § 10:40 (5th ed. 2013); see also Califano v. Yamasaki, 442 U.S. 682, 702

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(1979). By what authority do the parties request the stay described in ¶¶ 8.1 and 12.14 of

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the Settlement Agreement and ¶ 19 of the proposed order? What efforts have the parties

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made to obtain a voluntary stay in any related cases?

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4. Does the LI repair code cover all repairs that may be required in relation to the

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Subject Sprockets? If not, does the Settlement Agreement release claims for repairs that

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the LI code does not cover?

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IT IS SO ORDERED.

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Dated: 03/25/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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