Ferrari, et al v. Autobahn, Inc. et al

Filing 188

ORDER by Judge Yvonne Gonzalez Rogers granting 187 Plaintiff's Motion for Approval of Cy Pres Recipient. The 10/22/2019 hearing date is vacated. (fs, COURT STAFF) (Filed on 10/15/2019)

1
2
3
4
5
6
7
8
9

Herman Franck, Esq. (SB #123476)
Elizabeth Betowski, Esq. (SB #245772)
FRANCK & ASSOCIATES
910 Florin Road, Suite 212
Sacramento, CA 95831
Tel. [phone]; Fax [phone]
Janet R. Varnell, (Admitted Pro Hac Vice)
Brian W. Warwick, (Admitted Pro Hac Vice)
VARNELL & WARWICK, P.A.
P.O. Box 1870
Lady Lake, FL 32158
Telephone: [phone]
Facsimile: [phone]
Class Counsel
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11

STEVE FERRARI, et al.,

12

Case No. 17-CV-00018-YGR
Plaintiffs,

13
14

[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
APPROVAL OF CY PRES RECIPIENT

v.
Autobahn, Inc. dba Autobahn Motors;
Mercedes-Benz USA, LLC; and SONIC
AUTOMOTIVE, INC.,

15
16

The Honorable Yvonne Gonzalez Rogers
Date: October 22, 2019
Time: 2 P.M.
Courtroom: 1

Defendants

17
18
19

This matter came before the Court on Plaintiffs’ Motion for Approval of Cy Pres

20

Recipient, which sought the Court’s approval of the distribution of $1,622.88 in funds associated

21

with uncashed checks be distributed to Bay Area Legal Aid pursuant to Paragraph 28 of the

22

Settlement Agreement. The Court finds that Bay Area Legal Aid is an appropriate charity to

23
24

receive the cy pres funds because its mission matches the “purposes of the underlying lawsuit
and the class of plaintiffs involved,” taking into consideration the “geographic distribution of the

25
26
27
28

class.” See Nachshin v. AOL, LLC, 663 F.3d 1034, 1039–1040 (9th Cir. 2011) (citing Six
Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301 (9th Cir. 1990)). This lawsuit
pursued consumer protection claims on behalf of customers of a Belmont, California car
[PROPOSED] ORDER GRANTING MOTION FOR APPROVAL OF
CY PRES RECIPIENT

1

1

dealership, a class overwhelmingly located in the Bay Area, while Bay Area Legal Aid serves

2

clients in consumer protection cases in seven Bay Area counties. Additionally, Class Counsel

3
4
5
6
7
8
9
10
11

has assured the Court that neither Class Counsel nor the Autobahn Defendants’ counsel has any
connection to Bay Area Legal Aid.
Consistent with Paragraph 28 of the Settlement Agreement, it is hereby ORDERED that:
(1)

Bay Area Legal Aid is approved as the recipient of the cy pres funds;

(2)

The Settlement Administrator shall pay the funds associated with all non-

negotiated checks to Bay Area Legal Aid; and
(3)

The Settlement Class members have waived and abandoned any ownership

interest in the uncashed checks and any and all associated funds.
IT IS SO ORDERED.

12
13

October
Dated _______ 15, 2019

______________________________
YVONNE GONZALEZ ROGERS
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING MOTION FOR APPROVAL OF
CY PRES RECIPIENT

2