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)

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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. (916) 447-8400; Fax (916) 447-0720 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: (352) 753-8600 Facsimile: (352) 504-3301 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

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