Jekowsky v. BMW of North America, LLC

Filing 75

Order by Hon. Vince Chhabria granting 74 Stipulation Amending Summary of Applicable Dates in Order Granting Motion for Preliminary Approval of Class Action Settlement.(knm, COURT STAFF) (Filed on 5/26/2015)

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CHAVEZ & GERTLER LLP
MARK A. CHAVEZ
Bar No. 090858
42 Miller Avenue
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]

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KEMNITZER, BARRON, & KRIEG, LLP
BRYAN KEMNITZER
Bar No. 066401
NANCY BARRON
Bar No. 099278
ELLIOT CONN
Bar No. 279920
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Barry Jekowsky and the proposed class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BARRY JEKOWSKY, individually and on
behalf of all others similarly situated,

CLASS ACTION

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Plaintiff.

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vs.
BMW OF NORTH AMERICA, LLC, and
BAYERISCHE MOTOREN WERKE AG

[PROPOSED] ORDER AMENDING
SUMMARY OF APPLICABLE DATES IN
ORDER GRANTING MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT

Defendants.

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Unlimited Civil Case
Dept.: Courtroom 4, 17th Floor
Hon. Vince Chhabria

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Case No. 3:13-cv-02158-VC

___________________________________

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4821-7131-4724.1

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[Proposed] Order Amending Summary of Applicable Dates in Preliminary Approval Order of Class Action
Settlement

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The Court has received and reviewed the Stipulation For Entry Of Order Amending

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Summary Of Applicable Dates In Order Granting Motion For Preliminary Approval Of Class

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Action Settlement (“Stipulation”). Based on the Stipulation and GOOD CAUSE APPEARING,

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the Summary of Applicable Dates in the ORDER GRANTING MOTION FOR PRELIMINARY

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APPROVAL OF CLASS ACTION SETTLEMENT (“Order”) is amended and superseded by the

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following new Summary of Applicable Dates:
Summary of Applicable Dates

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Preliminary Order Approved by the Court
Class Notice to be sent by Claims Administrator
(Settlement Agreement and Release §IV-A)
(Preliminary Approval Order +75D)
Motion for Attorneys’ Fees and Costs filed by Class
Counsel
(Deadline for exclusions/objections -10D)
Exclusion from the Settlement Class postmarked by
(Settlement Agreement and Release §VI-A)
(Mailing of Class Notice +45D)
Objection to the Settlement postmarked by
(Settlement Agreement and Release §I-28)
(Mailing of Class Notice +45D)
Follow-up Post Card Reminder to class members to
submit claim form (Settlement Agreement and Release
§I-29)
Deadline to submit claim forms
(Settlement Agreement and Release §III-A)
(Mailing of Class Notice +90D)
Claims administrator provide BMW a list of all
conditionally approved Claims
(Settlement Agreement and Release §V-C)
(Claim deadline +14D)
Claims Administrator’s Compliance Declaration
(Settlement Agreement and Release §V-H)
(Deadline to file final approval motion -10D)
Motion for Final Approval and Response to Any
Objection filed by
(USDC-ND Cal Local Rule 7-2)
(Hearing -35D)
Reply to Objection
Final Approval hearing
Effective Date
(Settlement Agreement and Release §I-19)
(Final Approval Order +31D)

March 24, 2015
June 8, 2015
July 13, 2015
July 23, 2015
July 23, 2015
July 27, 2015

September 8, 2015
September 18, 2015

September 18, 2015
October 5, 2015

October 19, 2015
October 29, 2015
November 30, 2015

4821-7131-4724.1

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[Proposed] Order Amending Summary of Applicable Dates in Preliminary Approval Order of Class Action
Settlement

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Payment of all approved claims by Claims
Administrator
(Settlement Agreement and Release §V-I)
(Effective Date +10D)
Checks expire
(Settlement Agreement and Release §V-H)
(Issuance +90D)
Compliance Hearing

December 10, 2015

March 10, 2016
TBA (July 2016)

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SO ORDERED
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Dated: May __, 2015
Hon. Vince Chhabria

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4821-7131-4724.1

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[Proposed] Order Amending Summary of Applicable Dates in Preliminary Approval Order of Class Action
Settlement