Dominique Parrish v. Volkswagen Group of America, Inc.

District Court, C.D. California·Decided March 2, 2023·No. 8:19-cv-01148·Unknown

Opinion

Case 8:19- cv-01148-DSF-KES Document 100 Filed 03/02/23 Page 1 of 13 Page ID #:J39S34-6

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 DOMINIQUE PARRISH, LUDWIG Case No.: 8:19-cv-01148-DSF-KESx COMBRINCK, and TRINE E. UTNE 13 individually, and on behalf of a class of similarly situated individuals, FINAL APPROVAL 14 ORDER AND JUDGMENT Plaintiffs, 15 v. 16 VOLKSWAGEN GROUP OF AMERICA, 17 INC. a Delaware limited liability company,

18 Defendant. 19 20 21 22 23 24 25 26 27 28 Case 8:19- cv-01148-DSF-KES Document 100 Filed 03/02/23 Page 2 of 13 Page ID #:3935

1 The Court having considered Plaintiffs’ Motion for Final Approval of Class 2 Action Settlement and attachments thereto (the “Motion”), which include the 3 parties’ Settlement Agreement, as amended by the Order Nunc Pro Tunc dated 4 October 17, 2022 (ECF 88) described below (“Settlement Agreement”) and 5 supporting Declarations; Class Counsels’ Motion for Attorney Fees, Costs, and 6 Class Representative Service Awards and exhibits thereto; the Declaration of Tarek 7 H. Zohdy and exhibits thereto; and having previously granted preliminary approval 8 of the Class Settlement on January 27, 2022, and modifying that order pursuant to 9 the Order Granting Stipulation to Modify and Amend Settlement, Class Notice and 10 Associated Timetable Nunc Pro Tunc Concerning This Preliminarily Approved 11 Class Action Settlement (“Order Nunc Pro Tunc”), provisionally certifying, for 12 settlement purposes only, the proposed Settlement Class pursuant to Rules 23(a) and 13 23(b)(3) of the Federal Rules of Civil Procedure; and having directed the 14 dissemination of Class Notice pursuant to the approved plan for Class Notice (the 15 “Notice Plan”), which the Court has determined to be the best notice practicable 16 under the circumstances and comporting in all respects with Fed. R. Civ. P. 23(e) 17 and due process; and being satisfied that Class Notice has been disseminated timely 18 and properly; and having received no timely objections to the proposed Class 19 Settlement and only one objection that was not timely; and having held a final 20 fairness hearing on February 27, 2023; and having carefully considered all of the 21 submissions, arguments, and applicable law, finds and orders as follows: 22 1. Certification of Class. The Court finds that, for purposes of 23 Settlement, the applicable prerequisites for class action treatment under Fed. R. Civ. 24 P. 23(a) and 23(b)(3) are satisfied, to wit: The Settlement Class as defined in 25 paragraph I.S. of the Settlement Agreement, as well as below, is so numerous that 26 joinder of all members is not practicable; questions of law and fact are common to 27 the Settlement Class; the Settlement Class Representatives’ claims are typical of the 28 Settlement Class’s claims; the Settlement Class Representatives and Class Counsel 1 Case 8:19- cv-01148-DSF-KES Document 100 Filed 03/02/23 Page 3 of 13 Page ID #:3936

1 have fairly and adequately represented, and will continue to fairly and adequately 2 represent, the interests of the Settlement Class; questions of law and fact common to 3 the Settlement Class predominate over questions affecting only individual members; 4 and a class action is superior to other available methods for fairly and efficiently 5 adjudicating this controversy. In addition, the Court need not consider 6 manageability issues that might be presented by the trial of a nationwide class action 7 involving the issues in this case because the action is being settled rather than 8 litigated. See Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 620 (1997); In re 9 Hyundai & Kia Fuel Econ. Litig., 926 F.3d 539, 556, 568 (9th Cir. 2019) (en banc). 10 2. Notice of the Class Action Settlement. The Court finds that, as 11 demonstrated by the Declaration of Jason Stinehart and counsels’ submissions, Notice 12 to the Settlement Class was timely and properly effectuated in accordance with 13 Fed. R. Civ. P. 23(e) and the parties’ Notice Plan as approved by the Preliminary 14 Approval Order and Order Nunc Pro Tunc. The Court also finds that said Notice 15 constitutes the best notice practicable under the circumstances and satisfies all Rule 16 23(e) and due process requirements. 17 3. CAFA Notice. The Court finds that, in accordance with the Class 18 Action Fairness Act of 2005, 28 U.S.C. § 1715 (“CAFA”), and as set forth by the 19 Declaration of Jason Stinehart, the Settlement Claim Administrator, Rust 20 Consulting, properly and timely caused to be mailed a copy of the proposed class 21 action Settlement and all other documents required by law to the Attorney General 22 of the United States and the State Attorneys General in each jurisdiction where class 23 members reside. No Attorney General has filed an objection to the Settlement. 24 4. Defined Terms of the Settlement Agreement. Unless otherwise 25 defined herein, the terms used in this Order shall have the same meaning as set forth 26 in the Settlement Agreement, if defined therein. 27 5. The Settlement is Fair, Reasonable, and Adequate. The Court finds 28 that the Settlement is fair, reasonable, and adequate and satisfies Fed. R. Civ. P. 2 Case 8:19- cv-01148-DSF-KES Document 100 Filed 03/02/23 Page 4 of 13 Page ID #:3937

1 23 in all respects. The Court finds the Settlement provides substantial benefits to the 2 Settlement Class, including the following: 3 (a) For certain 2019 Volkswagen Jetta Settlement Class Vehicles 4 designated by Vehicle Identification Number (VIN): (1) a free update of the 5 vehicle’s transmission control module software and installation of a damper weight 6 on the drive shaft for all current owners and lessees; and (2) reimbursement of certain 7 unreimbursed out-of-pocket repair expenses for a Past Covered Transmission 8 Rattling Noise Repair for all current and former owners and lessees. 9 (b) For certain 2019 Volkswagen Jetta Settlement Class Vehicles 10 designated by Vehicle Identification Number (VIN): (1) a warranty extension of 11 those vehicles’ New Vehicle Limited Warranties for certain repairs to address a 12 confirmed transmission oil leak for current owners and lessees; and (2) 13 reimbursement of certain paid and unreimbursed out-of-pocket repair expenses for 14 a Past Covered Transmission Oil Leak Repair for all current and former owners and 15 lessees. 16 (c) For 2018, 2019, and 2020 Volkswagen Tiguan Settlement Class 17 Vehicles: (1) a warranty extension for the vehicles’ New Vehicle Limited Warranties 18 to cover certain repairs to address a diagnosed condition of transmission hesitation 19 or jerking for current owners and lessees; and (2) reimbursement of certain paid and 20 unreimbursed out-of-pocket expenses for a Past Covered Transmission 21 Hesitation/Jerking Repair for all current and former owners and lessees. 22 6. The Settlement is particularly beneficial and appropriate when 23 considering the facts and circumstances of this case, the claims and defenses 24 asserted, and the risks of non-recovery or reduced recovery, not being able to obtain 25 and maintain class certification, and potential recovery delays associated with 26 continued litigation of these claims. 27 7.

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Dominique Parrish v. Volkswagen Group of America, Inc., (C.D. Cal. 2023).

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