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Plaintiffs,
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v.
BMW OF NORTH AMERICA
Defendant.
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Plaintiffs moved this Court for an Order finally approving the Settlement
and incentive awards. On January 31, 2011, the Court held a hearing on the
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and claim forms) (collectively the Settlement Agreement), all papers in support
of the settlement filed by the Parties, the Motion for Final Approval of Class
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Action Settlement, Plaintiffs Application for Fees, Costs and Incentive Awards,
all objections to the settlement, the record in this case, the arguments of counsel
and other materials relevant to this matter, it is ORDERED that:
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2.
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U.S.C. 1332(d)(2)(A).
3.
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Settlement Class. Taking these factors into account, along with the
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action.
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All capitalized terms in this Final Order and Judgment shall have the meaning
and effect prescribed in the Settlement Agreement.
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4.
Action, together with any and all claims alleged therein, are hereby
5.
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6.
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law. These materials (a) provided the best practicable notice, (b)
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persons entitled to receive notice, and (d) fully complied with United
States Law. The notice apprised the members of the Settlement
Class of the pendency of the litigation, of all material elements of
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7.
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purposes.
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8.
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BMW NA with respect to the issues raised in the Litigation, (8) any
Vehicles in the United States but have since transported the vehicle
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outside the United States for permanent use abroad, (10) Individuals
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Judge(s) and/or
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assigned.
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9.
The Court hereby appoints: (i) Ted Shin and Gregory Glazer as
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Goldberg LLP, located at 1801 Avenue of the Stars, Suite 311, Los
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10.
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All Parties are bound by this Final Order and Judgment and by the
Settlement Agreement.
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BMW of North America LLC is forever discharged from any and all
claims or causes of action regarding the Class Vehicles Class
Wheels as alleged in the Action, belonging to all Settlement Class
Members who did not request exclusion from the Settlement Class
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subrogation.
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The Court dismisses, on the merits and with prejudice, all claims
currently pending before it belonging to Settlement Class Members
who did not request exclusion from the Settlement Class in the time
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13.
excluded from the Settlement Class in the time and manner provided
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14.
The Court has received and considered the filed objection in Exhibit
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The Court has considered all objections filed up until the date of the
fairness hearing, whether timely or untimely postmarked, and
whether or not separately identified in the moving papers. The court
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overrules all objections, finding that they do not alter the Courts
finding that the Settlement Agreement is fair and reasonable.
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15.
Class Counsel has applied for an award of attorneys fees, Costs and
for the foregoing fees and expenses awarded within the time frame
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16.
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only. The fact of, or any provision contained in, the Settlement
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The Settlement
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If, for any reason, the Effective Date of the Settlement does not
occur, this Final Order and Judgment shall be deemed vacated and
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any way, the Court reserves continuing jurisdiction over the Parties
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regarding
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the
execution,
consummation,
administration
and
There being no just reason for delay, the Clerk is directed to enter
the Final Order and Judgment.
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IT IS SO ORDERED.
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____________________________
Hon. A. Howard Matz
United States District Court Judge
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JS-6
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EXHIBIT 1
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First Name
City
State Zipcode
Nahid
Bahrani
Glendale
CA
91206
Lourdes
Bosquez
The Woodlands TX
77381
Tanya
Gross
Hughesville
MD
20637
Alvin
Richer
84103
Michell
Smith
Jacksonville
32225
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FL