Sobel et al v. Hertz Corporation

Filing 377

ORDER re Proposed Notice re 362 Order; 364 , 369 Responses : Hertz and Plaintiffs shall submit a joint final proposed notice to the Court by 11/13/2013, incorporating the revisions herein, for final approval. Signed by Judge Larry R. Hicks on 10/28/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
JANET SOBEL and DANIEL DUGAN,
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Ph.D., individually and on behalf of all others )
similarly situated,
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Plaintiffs,
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v.
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THE HERTZ CORPORATION, a Delaware )
corporation,
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Defendant.
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3:06-CV-00545-LRH-RAM
ORDER

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Before the Court is Defendant The Hertz Corporation’s (“Hertz”) Revised Notice
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Submission in Response to the Court’s September 13, 2013 Order (Doc. #3641), to which Plaintiffs
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Janet Sobel and Daniel Dugan (“Plaintiffs”) have responded (Doc. #369).
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I.

Facts and Procedural History

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This is a class action filed on behalf of persons who rented cars at the Reno and Las Vegas
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airports from the rental car company Hertz. In return for the right to operate on-site at the Reno
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and Las Vegas airports, rental car companies like Hertz are required to pay a percentage of their
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gross revenues to the airports as “concession fees.” The companies passed along the fees to their
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customers as surcharges labeled “airport concession recovery fees.”2 At all relevant times, Hertz
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Refers to the Court’s docket number.

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Hertz charged Plaintiff Sobel, who rented her vehicle from the McCarran International
Airport in Las Vegas, an airport concession recovery fee of 10%. Hertz charged Plaintiff Dugan, who

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“unbundled” the surcharges from the base rental rate, such that the rental rate quoted to customers

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did not include the additional airport concession recovery fee. Rather, it was itemized separately in

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the rental agreement. Plaintiffs allege that this practice violates Nevada Revised Statute (“NRS”)

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§ 482.31575.

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This case was originally filed on October 13, 2006 by individual Plaintiffs Janet Sobel,

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Daniel Dugan, Ph.D., and Lydia Lee, and against Defendants Hertz and Enterprise. Early on, Lee

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and Enterprise were voluntarily dismissed without prejudice. Following the Court’s denial of

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Hertz’s Motion to Dismiss and the Ninth Circuit’s denial of interlocutory review, the Court

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approved the parties’ stipulation to bifurcate the determination of liability and damages and to defer

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class certification proceedings until after the Court ruled on the parties’ dispositive motions. Doc.

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#52. Accordingly, Plaintiffs completed liability discovery against Hertz, and the parties filed

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Cross-Motions for Summary Judgment on the issue of liability. As to the relevant claim—Hertz’s

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alleged violation of NRS § 482.31575—the Court found in Plaintiffs’ favor. Doc. #111.

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Following the Court’s ruling, Plaintiffs Sobel and Dugan filed a Motion for Class

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Certification on behalf of all Hertz customers who were charged a concession recovery fee at

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Nevada airports between October 13, 2003 and September 20, 2009. Doc. #112. The parties also

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commenced discovery on the issue of damages. About three months after the Court’s liability

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ruling, the parties entered into settlement negotiations. After they reached an agreement in July

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2010, the Court approved a stipulation staying all litigation pending further negotiations,

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documentation, and approval of a class action settlement. Doc. #118.

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On October 5, 2010, after further negotiations, Plaintiffs filed a motion seeking

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(1) preliminary approval of the settlement, (2) conditional certification of the settlement class,

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(3) approval of the form and manner of notice to the settlement class and the procedures for class

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rented his vehicle from the Reno-Tahoe International Airport in Reno, an airport concession recovery
fee of 11.54%.
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members to register for settlement benefits, and (4) a schedule for proceedings leading to final

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approval of the settlement—all stipulated to by the parties for purposes of settlement only. Doc.

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#123. The parties also stipulated to consolidate the Sobel case with former plaintiff Lee’s

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reinstated action against Enterprise, docketed as Case No. 3:10-cv-326-LRH-VPC. Lee’s

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complaint included a new plaintiff, Mark Singer, and a new defendant, Vanguard, an affiliate of

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Enterprise that rented cars at Nevada airports under the Alamo and National brands. The

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consolidated action for the purposes of settlement would thus include four named

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plaintiffs—Sobel, Dugan, Lee, and Singer—and three named defendants—Hertz (also d.b.a.

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Advantage), Enterprise, and Vanguard (d.b.a. National and Alamo).

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The Court approved the stipulation to consolidate the Sobel and Lee cases, allowing

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Plaintiffs to file a Second Amended Complaint and staying all proceedings (except those relating to

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settlement) pending final approval of the proposed settlement. Plaintiffs filed their Second

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Amended Complaint on November 5, 2010. Doc. #133. Four days later, the Court held a hearing

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on Plaintiffs’ Motion for Preliminary Approval of Settlement, Conditional Certification of the

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Settlement Class, Approval of the Form of Notice, and Memorandum in Support Thereof. Doc.

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#123. After hearing arguments and taking the matter under submission, the Court entered two

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orders on November 23, 2010, granting conditional certification of the settlement class (Doc. #135)

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and granting preliminary approval of the settlement and approving the form of notice (Doc. #136).

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In particular, the Court (1) conditionally certified the settlement class under Federal Rule of Civil

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Procedure 23(b)(3), “in connection with and solely for purposes of settlement”; (2) appointed as

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class representatives the named plaintiffs, Janet Sobel, Daniel Dugan, Ph.D., Lydia Lee, and Mark

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Singer; (3) appointed as class counsel the Law Office of David Zlotnick; Berger & Montague, P.C.;

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and Robertson & Benevento; (4) preliminarily approved the settlement; (5) entered a scheduling

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order for further motions; and (6) approved the form and manner of notice to the settlement class.

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The conditionally approved notice procedure required Defendants to (1) establish a website
containing the settlement class notice as well as relevant settlement documents and (2) provide a
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settlement class notice to class members via email or standard U.S. mail, at Defendants’ discretion.

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The conditionally approved procedure also required Defendants to use the National Change of

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Address Database to obtain the current addresses of class members and to use regular mail if email

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proved undeliverable. The Court found that the settlement class notice itself complied with Federal

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Rule of Civil Procedure 23. Doc. #136, ¶ 5.

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From February 7 to 18, 2011, nearly 2.5 million (exactly 2,497,360) notices were sent to

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class members. Of those, 1,217,894 notices were mailed or emailed to customers of the Hertz and

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Advantage brands. Doc. #229, p. 3. After about two months, nearly 35,482 Hertz and Advantage

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customers had registered for the benefits of the settlement—coupons whose value depended on the

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number of rentals that the customer had purchased. Doc. #229, p. 3. Additionally, 2,068 opt-outs

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had been processed for Hertz and Advantage. Doc. #229, p. 3.

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On May 17, 2011, the Court held a fairness hearing on Plaintiffs’ Motion for Final

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Approval of the Settlement. Doc. #185. After hearing arguments from Plaintiffs, Defendants, and

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appearing objectors, the Court indicated that Plaintiffs’ Motion for Final Approval would be

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denied, and then issued a written Order addressing all pending motions. Doc. #250. Through the

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terms of their earlier stipulations, the Court’s denial nullified the parties’ pre-settlement filings,

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including the stipulation to consolidate and the Second Amended Complaint. Consequently, the

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First Amended Complaint—with Plaintiffs Sobel and Dugan and Defendant Hertz—now governed

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the parties and claims before the Court in the Sobel action.

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The stay on damages discovery lifted. Plaintiffs subsequently filed a Motion to Certify the

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Class (Doc. #255), and both parties filed Motions for Summary Judgment on the issue of damages

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(Doc. #295 (Plaintiffs); Doc. #298 (Hertz)). After an October 18, 2012 hearing and a further four-

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month stay for the purposes of renewed settlement negotiations, the Court certified Plaintiffs’ class

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under Federal Rule of Civil Procedure 23(b) and found in favor of Plaintiffs on the issue of

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damages. Doc. #332. Specifically, the Court found that class members are entitled to the restitution

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of any airport concession recovery fees they paid to Hertz during the class period.
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Thereafter, Plaintiffs filed a Motion for Approval of Proposed Notice (Doc. #335), and the

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Court issued an Order: (1) finding that notice was not premature; (2) requiring that Hertz bear the

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cost of notice; and (3) detailing changes to the form and content of Plaintiffs’ proposed notice.

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Doc. #362. Additionally, the Court invited the parties to object to the Court’s changes within

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twenty (20) days of the Order. Doc. #362. In response thereto, Hertz filed an Objection, proposing

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additional changes to the content of the notice. Doc. #364. Plaintiffs filed a Response in which it

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evinced a preference for the Court’s proposed notice. Doc. #369.

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Hertz also filed a Notice of Appeal to the United States Court of Appeals for the Ninth

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Circuit as to the Court’s September 13, 2013 Order. Doc. #365. The Court finds that Hertz’s

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interlocutory appeal will have no effect on the proceedings before this Court. As the Court has

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expressed on numerous occasions its desire to move forward with this case, it will proceed to

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address the parties’ objections to the Court’s proposed notice.

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II.

Legal Standard

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Under Federal Rule of Civil Procedure 23(c)(2)(B), “the court must direct to class members

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the best notice that is practicable under the circumstances.” This notice must clearly and concisely

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state

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(i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims,
issues, or defenses; (iv) that a class member may enter an appearance through an attorney if
the member so desires; (v) that the court will exclude from the class any member who
requests exclusion; (vi) the time and manner for requesting exclusion; and (vii) the binding
effect of a class judgment on members under Rule 23(c)(3).

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In addition, class members must be notified of motions for attorney’s fees and nontaxable costs.

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Fed. R. Civ. P. 23(h)(1).

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The notice must contain information “that a reasonable person would consider to be

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material in making an informed, intelligent decision of whether to opt-out or remain a member of

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the class.” Tierno v. Rite Aid Corp., No. C05-02520, 2007 WL 4166028, at *1 (N.D. Cal. Nov. 19,

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2007) (quoting In re Nissan Motor Corp. Antitrust Litig., 552 F.2d 1088, 1105 (5th Cir. 1977)); see

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also Federal Judicial Center, Manual for Complex Litigation, Fourth § 21.311, at *2-3.
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III.

Discussion
The Court has reviewed the parties submissions in this matter and concludes that the notice

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shall be modified as follows. Specifically, the Court agrees with Hertz that the notice should

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clarify the possibility of future appeal, and the effect that an appeal could have on the outcome of

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this case for the class members. This information is essential to complete understanding of the

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action. As such, it is something that a reasonable person would consider material in determining

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whether to opt-out of or remain in the class. Accordingly, the Court approves of Hertz’s proposed

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change in this regard.

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The Court further agrees with Hertz that the notice should not contain any information

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concerning the amount of money that each individual class members can expect to receive. At best,

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this information is unnecessary to an assessment of whether to opt-out of or remain in the class. At

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worst, it has the potential to confuse and mislead class members if the Court determines that

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attorney’s fees and costs should be deducted from the total amount awarded to the class, or if the

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Ninth Circuit Court of Appeals modifies or reverses the Court’s rulings. Moreover, because notice

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is proceeding after Plaintiffs have prevailed on the merits at summary judgment, the Court finds it

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necessary to reduce the possibility of prejudice to Hertz.

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In Schwarzschild v. Tse, 69 F.3d 293, 297 (9th Cir. 1995), the Ninth Circuit held that

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defendants had waived their right to have notice sent to the class under Rule 23(c)(2) and to obtain

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a judgment that was binding on the class by moving for summary judgment before the class had

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been properly certified and notified. The concern, the Ninth Circuit warned, is over “prevent[ing]

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‘one-way intervention’—that is, the intervention of a plaintiff in a class action after an adjudication

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favoring the class has already taken place.” See Schwarzschild, 69 F.3d at 295. However, the

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Ninth Circuit specifically left unresolved the question of whether class certification and notice may

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proceed in cases in which the plaintiffs have prevailed on summary judgment. Subsequent cases,

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however, make clear that this practice is now common. See Hunt v. Imperial Merch. Servs. Inc.,

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560 F.3d 1137 (9th Cir. 2009) (holding that a district court may, in an appropriate case, shift class
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notice costs to a defendant who has been adjudged liable on the merits). Certainly, doing so may

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save considerable time and expense where the parties have consented to a ruling on liability prior to

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class certification.

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This case is a perfect illustration. The parties stipulated to the determination of liability

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prior to class certification and notice. See Doc. #52 (approving of the parties’ stipulation that

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dispositive motions on liability shall precede class certification). Moreover, Hertz moved for

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summary judgment on the issue of liability long before Plaintiffs even filed for class certification.

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See Doc. #81; see also Gessele v. Jack in the Box, Inc., No. 3:10-CV-960-ST, 2012 WL 3686274,

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at *3 (D. Or. Aug. 24, 2012) (alluding to cases allowing certification to await dispositive motions

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when defendant has consented to that procedure by filing a motion for summary judgment); but see

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Weir v. Joly, No. CV-10-898-HZ, 2011 WL 6043024, at *2 (D. Or. Dec. 2, 2011) (finding that

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defendants did not waive any right to raise the one-way intervention doctrine by agreeing to a

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briefing schedule in which the motion to certify the class would not occur until after summary

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judgment).

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Nevertheless, the same cannot be said as to the determination of damages in this case. The

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parties did not stipulate to a determination of damages prior to class certification. Nor did Hertz

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file its Motion for Summary Judgement on the issue of damages before Plaintiffs filed for class

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certification. Here, Hertz has not raised the “one-way intervention” argument and does not take

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issue with the fact that the proposed notice includes reference to the Court’s rulings on the merits of

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the case. Hertz does, however, challenge the inclusion of any reference to the amount of damages.

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As such, the Court finds that it would be prudent to omit any references to a dollar amount that

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class members might expect to receive. See Postow v. OBA Fed’l Sav. and Loan Ass’n, 627 F.2d

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1370, 1383-84 (D.C. Cir. 1980) (where summary judgment in favor of plaintiffs is awarded prior to

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class certification, “[the] notice to potential class members did not inform them as to the existence

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of any judgment in their favor, thus reducing substantially the ‘one way street’ danger of post-

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judgment certifications”); see also Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 358 (Tex.
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2001) (“the notice approved by the trial court does not inform potential class members of any

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judgment in their favor, thus reducing any potential danger from one-way intervention”). Thus, to

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the extent the Court previously approved the requirement that Hertz identify the amount of each

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class member’s concession fee recovery charge, the Court modifies that ruling as set forth herein.

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IV.

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Final Proposed Notice
The proposed notice shall be modified as follows:

I.

The first page of the notice shall contain the following summary:
1. The caption line, beneath “Case No. 3:06-cv-00545-LRH-RAM,” shall read “NOTICE
OF CLASS ACTION AND HEARING ON ATTORNEY FEE AND COST

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APPLICATION.” The Court accepts Hertz’s proposed change. The language

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immediately following this caption line sufficiently conveys the importance of reading

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the notice.

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2. Beneath the caption, centered and in large font, shall read “If you rented a car from

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Hertz at the Las Vegas or Reno airports during the period from October 13, 2003

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through September 30, 2009, you may be entitled to a partial refund.” The Court rejects

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Hertz’s proposed change. The Court’s proposed language is preferable because it

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signals who should read the notice and why it is important.

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3. Beneath this line, centered and in italics, shall read “A federal court authorized this
notice. This is not a solicitation from a lawyer.”
3. Beneath this line, the following bullet points shall appear in normal-sized font:
a.

“This notice summarizes your rights as a potential class member in a class-

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action lawsuit, Sobel et al. v. The Hertz Corporation, No. 06-cv-00545-LRH-

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RAM. At this time, you have the right to decide to remain in the class, or to

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exclude yourself from the class, which is also known as ‘opting-out.’ You also

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have the right to object to class counsel’s request for fees. This notice is

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intended to describe the options you now have.” The Court accepts in part, and
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rejects in part, Hertz’s proposed changes.
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“Two Hertz customers brought a class-action lawsuit against Hertz, claiming

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that Hertz improperly charged separate fees called ‘airport concession recovery

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fees’ to its customers at the Las Vegas and Reno airports from October 13, 2003

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through September 30, 2009. They do not challenge Hertz’s ability to collect the

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fee, only the manner in which Hertz charged the fee as a separate line item on

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price quotes and bills. Hertz denies that the charges were improper.” The Court

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accepts in part, and rejects in part, Hertz’s proposed changes.

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c.

“The Court found that Hertz’s description of the fee on a separate line was

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improper and that those who were charged in this manner are entitled to a partial

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refund, typically 8.5% to 11.5% of the total rental cost. Hertz disagrees with the

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Court’s rulings and will appeal. Depending on the outcome of the appeal, you

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may be entitled to a partial refund.” The Court accepts in part, and rejects in

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part, Hertz’s proposed changes.

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d.

“Hertz’s records indicate that you may be one of the improperly charged

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customers. Therefore, you may be entitled to a partial refund.” The Court

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rejects Hertz’s proposed changes, but modifies this bullet accordingly.

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e.

“In addition, the Court has appointed lawyers for the class. They will ask the

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Court to award up to 25% of the total class recovery as fees and expenses for

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investigating the facts and litigating the case. Any fee the Court awards may be

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assessed against Hertz or may be deducted out of whatever the Court awards to

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the class.” The Court accepts in part, and rejects in part, Hertz’s proposed

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changes.

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f.

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“Your legal rights are affected whether you act or don’t act. Please read this
notice carefully.”

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“More information is available at www.HertzNevadaLawsuit.com.”
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4. Beneath these bullet points, a table with two columns and three rows should appear,

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with the following content in normal-sized font:

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Your Legal Rights and Options

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If you:

What will happen:

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Do nothing

You will likely get a partial refund.
You will give up the right to sue Hertz separately for charging
airport concession fees at the Las Vegas or Reno airports.

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Ask to be excluded

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You will get no benefit from this lawsuit.
You will keep your right to sue Hertz separately for charging
airport concession fees at the Las Vegas or Reno airports.

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The Court accepts in part, and rejects in part, Hertz’s proposed changes to the above table.

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II.

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Following this table, the notice shall address each of the following questions:
1. Under the heading “Why Should I Read this Notice?” The Court accepts in part, and

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rejects in part, Hertz’s proposed changes.

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a.

“This Notice was sent to you at the direction of the judge supervising the class

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action lawsuit Sobel et al. v. The Hertz Corporation, No. 06-cv-00545-LRH-

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RAM. The plaintiffs, two Hertz customers, have sued on their own behalf and

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on behalf of everyone else in similar circumstances. The Court has certified this

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case as a class action. Accordingly, the two plaintiffs are entitled to pursue their

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claim on their own behalf, and on behalf of a ‘class’ of car renters like them.

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The Court has defined the class as ‘all individuals who rented a car from Hertz

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at the Las Vegas or Reno airports on one or more occasions between October 13,

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2003 and September 30, 2009 and were charged an airport concession recovery

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fee by Hertz.’”

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b.

“Hertz’s records indicate that this class probably includes you. Therefore, unless
you choose to exclude yourself from the class, you will likely be entitled to a

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partial refund of the amount you paid to rent a car from Hertz during the period

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from October 13, 2003 through September 30, 2009.”

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c.

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“THIS NOTICE AFFECTS YOUR LEGAL RIGHTS SO PLEASE READ IT IN
ITS ENTIRETY.”

2. Under the heading “What is this Lawsuit About?” The Court accepts in part, and rejects

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in part, Hertz’s proposed changes.

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a.

“This lawsuit is about a line item on Hertz price quotes and contracts called an

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‘airport concession recovery fee.’ These fees typically represented 8% to 11.5%

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of the total cost to rent a car from Hertz. The Court has ruled that Hertz violated

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Nevada law by identifying this fee as a separate line item (rather than including

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it in the rental price itself) from October 13, 2003 through September 30, 2009 at

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its locations at the Las Vegas and Reno airports. Accordingly, the Court found

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that class members are entitled to a refund (with interest) of the amount of this

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fee. Hertz disagrees with this ruling and will appeal to the Ninth Circuit Court

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of Appeals. The Ninth Circuit could either overturn or uphold this ruling.”

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3. Under the heading “Who is Included in the Class?” The Court rejects Hertz’s proposed

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changes.

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a.

“You are likely a class member because Hertz’s records indicate that you rented

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one or more cars from Hertz at the Las Vegas or Reno airports during the period

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from October 13, 2003 through September 30, 2009 and were charged an airport

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concession recovery fee in connection with such rental(s). All such persons

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(excluding government entities) are members of the class and are entitled to

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receive a refund, unless they exclude themselves as provided in paragraph 5

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below. If you do not exclude yourself, you will be bound by all judgments in

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this case.”

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4. Under the heading “What are the Potential Outcomes of this Case?” The Court accepts

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in part, and rejects in part, Hertz’s proposed changes.

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a.

“The Court has ruled that class members are entitled to receive a refund of the

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airport concession recovery fees that Hertz’s records indicate they paid, plus

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interest from May 27, 2009, or the date of their rental(s), whichever is later, at a

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varying rate under Nevada law. As long as you do not exclude yourself from the

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class, you are entitled to that amount.”

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b.

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“The amount you receive may be reduced by any award for attorney’s fees and
cost reimbursement ordered by the Court. Additionally, if the rulings of the

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Court are reversed or modified on appeal, you may recover less, or you may not

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recover anything at all.”

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5. Under the heading “Can I Exclude Myself from the Class?” The Court accepts in part,

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and rejects in part, Hertz’s proposed changes.

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a.

“Yes. If you exclude yourself, you will not be bound by any judgment in the

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case and you will not receive a cash payment. You will retain the right to sue

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Hertz on your own for charging airport concession recovery fees at the Las

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Vegas and Reno airports. You may exclude yourself by logging on to

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www.HertzNevadaLawsuit.com, providing the requested identifying

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information, and checking the box that states you wish to exclude yourself from

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the class. You may also exclude yourself by writing to the following address,

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and signing your request personally, or by legal counsel. Nevada Car Rental

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Litigation, P.O. Box ______, ______. If you exclude yourself, you will not

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receive a refund and you will not be bound by the judgments in this case.”

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b.

“IF YOU WISH TO EXCLUDE YOURSELF FROM THE CLASS, YOU

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MUST SUBMIT A REQUEST FOR EXCLUSION SO THAT IT IS

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RECEIVED ON OR BEFORE _____________, 2014.”
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6. Under the heading “Was There a Previous Proposed Settlement in this Case?” The

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Court accepts in part, and rejects in part, Hertz’s proposed changes.

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a.

“Yes.”

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b.

“You may have received a notice concerning this litigation in 2011, which stated

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that you were eligible to receive coupons for discounts on future car rentals.

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That notice stated that the proposed settlement was subject to Court approval.

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The Court disapproved of the settlement, and there was no distribution of

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coupons.”

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c.

“Because the settlement was not approved, it is of no effect. That means that

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any statements about the settlement, decisions to opt out, or other actions taken

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in 2011 are of no effect. If you previously received notice, you should disregard

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that notice and decide whether to opt out or not at this time.”

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7. Under the heading “How will Class Counsel be Paid?” The Court accepts Hertz’s

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proposed changes.

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a.

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“The Court has appointed the following attorneys to represent Plaintiffs and the
class in this case: [Plaintiffs’ Counsel’s contact information]”

b.

“If you wish to be represented by your own lawyer, you may hire a lawyer to

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enter an appearance on your own behalf. You will have to pay for that lawyer at

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your own expense.”

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8. Under the heading “How Will Plaintiffs’ Counsel be Paid?” The Court accepts in part,

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and rejects in part, Hertz’s proposed changes.

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a.

“Amount of the Fee: Plaintiffs’ counsel intend to ask the Court for an award of

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fees representing 25% of the aggregate amount paid by Hertz to satisfy the

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judgment. This could result in a fee of as much as $10.5 million if the class

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recovers $42 million (the total amount of the concession fees charged during the

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class period, according to Hertz’s records). In addition, Plaintiffs’ counsel will
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ask for expenses not to exceed $300,000 and incentive awards of $10,000 for

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each of the two class representatives (the named plaintiffs in this case).”

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b.

“Who Will Pay the Fee: Plaintiffs’ counsel will request that this fee be paid by

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Hertz in addition to the amount it owes to the class members. Hertz will oppose

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this request. In case the Court does not approve this request, counsel will ask for

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payment of their fees directly from the amount awarded to class members. This

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second alternative would likely reduce the amount you recover as a result of the

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class action.”

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c.

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“You will not be responsible for paying any fees or costs of class counsel out-ofpocket.”

d.

“The fee petition will be available for viewing at

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www.HertzNevadaLawsuit.com beginning on [deadline for filing fee petition].

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You may submit comments or objections to the fee petition to the Court on or

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before [deadline for objections]. The Court has set a hearing date for the fee

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petition on [hearing date].”

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9. Under the heading “What do I do if I Wish to Object to Counsel’s Application for Fees

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and Costs?” The Court accepts Hertz’s proposed changes.

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a.

“If you wish to object to the application for attorney’s fees and costs, and you

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have not excluded yourself from the Class, you must submit your objection in

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writing. You must send a written ‘Notice of Objection’ by first-class mail or

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courier service (such as Federal Express or UPS) to:

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Clerk of the Court
U.S. District Court
400 S. Virginia St.
Reno, NV 89501

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Your objection must be received by [deadline for objections], 2013 for it to be
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considered and must briefly state the position(s) you wish to take with respect to
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the fee application. In addition you must send a copy of that objection to the

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following attorneys by that date: [Plaintiffs’ Counsel’s address, Hertz’s

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Counsel’s address]”

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b.

“You may, at your own expense, retain a lawyer to assist you.”

10. Under the heading “What Happens if I Don’t do Anything?” The Court accepts in part,

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and rejects in part, Hertz’s proposed changes.

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a.

“If you do not do anything, you will likely receive a check in the mail (so long as

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we have a valid mailing address for you) and you will be bound by the rulings in

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this case.”

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b.

“Specifically, if the Court’s rulings are affirmed on appeal, Plaintiffs’ counsel

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will seek an order from the Court directing that you be paid the full amount of

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your prior payment of airport concession recovery fees, plus interest, minus your

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portion (if any) of the attorney’s fees and costs subtracted from the total award to

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the class. A check will be mailed to the address that appears on this notice. If

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you need to update your address, please use the form at

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www.HertzNevadaLawsuit.com, or mail your current address to either of the law

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firms listed in paragraph 7. If you receive this notice at a suitable address, do

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not fill in the form or otherwise confirm your address.”

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c.

“If the Court’s rulings are reversed or modified on appeal, that may affect

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whether you recover anything in this case. Unless you choose to exclude

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yourself from the class (‘opt out’), you will be bound by the appeal and any later

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rulings in the case.”

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11. Under the heading “Will I have to Pay Anything?” The Court accepts Hertz’s proposed

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changes.

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a.

“No.”

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b.

“You are not required to pay anything out-of-pocket. However, if you choose to
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hire an attorney to represent you, you will be responsible for that attorney’s fees

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and expenses.”

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12. Under the heading “Where Can I Get Additional Information?” The Court accepts

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Hertz’s proposed changes.

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a.

“The Court’s Orders, Plaintiffs’ counsel’s application for fee and cost

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reimbursement, and certain other documents from the litigation will be available

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at www.HertzNevadaLawsuit.com. The website also contains a form that allows

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you to correct or update your mailing address, to ensure that you will receive any

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payment to which you are entitled. Please provide this information if the notice

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was not mailed to your correct address, or if you received this notice by e-mail

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and you have moved since you rented a car from Hertz.”

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b.

“DO NOT CONTACT THE COURT OR HERTZ CONCERNING THIS

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NOTICE OR THE LAWSUIT. If you have any questions, or you would like

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more information about this notice or this case, you may contact Plaintiffs’

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counsel listed above in paragraph 7.”

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III.

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The last line shall remain as follows: “Dated: ________, 2013 ____________ [By Order of
the Court]”

V.

Conclusion
IT IS THEREFORE ORDERED that, within fifteen (15) days of the entry of this Order,

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Hertz and Plaintiffs’ shall submit a joint final proposed notice to the Court, incorporating the

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aforementioned revisions, for final approval.

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IT IS SO ORDERED.

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DATED this 28th day of October, 2013.
__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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