Here we go.
From Rennlist, too long to quote in entirety
From Rennlist, too long to quote in entirety
¬¬¬UNITED STATES DISTRICT COURT FOR THE CENTRAL D¬ISTRICT OF CALIFORNIA
Eisen v. Porsche Cars North America, Inc. ) Case No. CV11-9405 CAS (FEMx)
___________________________________________)
Notice of the Pendency of Class Action Settlement and Hearing on Final Approval Order and Judgment
If you owned or leased a Model Year 2001-2005 Porsche Boxster or 911 vehicle in the United States you could be affected by a class action settlement.
A federal court authorized this notice. This is not a solicitation from a lawyer.
- The purpose of this Notice is to inform you of a proposed settlement of a class action lawsuit known as Eisen v. Porsche Cars North America., Inc. You are receiving this Notice because Porsche Cars North America's ('PCNA") records indicate that you may be entitled to claim the benefits offered by the Settlement.
- This lawsuit claims that some 2001-2005 model year Porsche Boxster and 911 vehicles experienced or may experience intermediate shaft ('IMS") related engine damage before or after their original Limited Warranty or Approved Certified Pre-Owned ('ACPO") Limited Warranty has expired. These vehicles are known as the 'Class Vehicles" and the individuals who owned or leased such Class Vehicles at the time they sustained such engine damage are known as 'Class Members." PCNA has not been found liable for any of the claims alleged in this lawsuit. The parties have voluntarily reached a settlement.
- Under the proposed settlement and subject to proof, PCNA will reimburse Class Members for repair or replacement costs paid due to IMS related damage in Class Vehicles.
- Your legal rights are affected whether or not you act. Read this Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT ARE EACH DESCRIBED BELOW
SUBMIT A CLAIM FORM If you have paid out of pocket costs for IMS related engine damage and you submit a valid and timely Claim Form, along with sufficient proof of the repair and that you incurred out of pocket costs for an IMS related engine repair or replacement, you may be eligible to receive a reimbursement payment. A properly completed Claim Form must be postmarked or otherwise transmitted by no later than Month xx, 2013 (90 days from mailing of Notice). If you experience an IMS condition in a Class Vehicle in the future, you may be eligible to obtain payment for the repair by promptly contacting PCNA and arranging for PCNA to inspect your vehicle in order to confirm that an IMS condition existed that requires such a repair
EXCLUDE YOURSELF If you ask to be excluded from the Settlement, you will receive no reimbursement or payment for a past or future engine related repair caused by the IMS as provided for in this Settlement. If you exclude yourself from the Settlement and you are a current owner or lessee of a Class Vehicle, the claims process and assistance for seeking settlement benefits will not apply to you. Excluding yourself is the only option that allows you to pursue your IMS related claims in a separate lawsuit against PCNA.
OBJECT You may object to the Settlement by writing to the Court and indicating why you do not like the settlement. In order to object to the settlement you must remain a member of the lawsuit"”you cannot ask to be excluded.
GO TO A HEARING You may go to the Settlement hearing if you wish to speak in Court about the fairness of the Settlement, and if you advise the parties of your intention to do so.
DO NOTHING If you do not submit a Claim Form, you will not get reimbursed through this Settlement for money you paid out of pocket to repair engine damage related to an IMS condition. If you do not exclude yourself from this Settlement, you will not be able to sue PCNA for any claims related to this Settlement and you will be bound by the rulings made in this case.
- These rights and options"”and the deadlines to exercise them"”are explained in this Notice.
- The Court in charge of this case still has to decide whether to approve the settlement. The reimbursements will be made if the Court approves the settlement and after appeals are resolved, if any. Please be patient.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION....................................... .................................................. PAGE X
1. Why did I get this Notice?
2. What is this lawsuit about?
3. Why is this a class action lawsuit?
4. Why is there a settlement?
WHO IS IN THE SETTLEMENT................................................................................PAGE X
5. How do I know if I am part of the settlement?
6. Which Porsche vehicles are included?
7. If my Class Vehicle has not experienced engine damage or engine replacement related to the IMS, am I included?
THE SETTLEMENT BENEFITS"”WHAT YOU GET.....................................................PAGE X
8. What does the settlement provide?
9. What if I had multiple IMS related repairs or replacements?
HOW YOU GET A REIMBURSEMENT"”SUBMITTING A CLAIM FORM.........................PAGE X
10. How can I get a reimbursement?
11. When will I get my reimbursement?
EXCLUDING YOURSELF FROM THE SETTLEMENT.................................................PAGE X
12. How do I get out of this settlement?
13. What am I giving up to stay in the Class?
THE LAWYERS REPRESENTING YOU.....................................................................PAGE X
14. Do I have a lawyer in this case?
15. How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT.........................................................................PAGE X
16. How do I tell the Court that I do not like the settlement?
17. What is the difference between objecting and excluding?
THE COURT'S FAIRNESS HEARING.........................................................................PAGE X
18. When and where will the Court decide to approve the settlement?
19. Do I have to come to the hearing?
20. May I speak at the hearing?
IF YOU DO NOTHING............................................................................................PAGE X
21. What happens if I do nothing at all?
GETTING MORE INFORMATION............................................................................PAGE X
22. Are there more details available about the settlement?
23. How do I get more information?
BASIC INFORMATION
1. Why did I get this Notice?
Vehicle identification numbers ('VINs") were used to identify current and prior owners and lessees of model year 2001 through 2005 Porsche Boxster and 911 vehicles since those correspond to the date when a certain type of IMS was manufactured. The Court authorized this Notice because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of this case is the United States District Court for the Central District of California, Judge Christina A. Snyder. This case is known as Eisen v. Porsche Cars North America., Inc., Case No. CV 11-9405 CAS (FEMx). The people who sued are called Plaintiffs, and the company they sued, Porsche Cars North America Inc. ('PCNA"), is called the Defendant.
2. What is this lawsuit about?
The lawsuit claims that some 2001-2005 model year Porsche Boxster and 911 vehicles experienced or may experience IMS related engine damage before or after their original Limited Warranty or Approved Certified Pre-Owned Limited Warranty has expired and that certain repairs were required or may be required due to such damage. If you own or lease or have owned or leased one of these vehicles and have experienced or experience internal engine damage which may be preceded by a loud unusual engine noise, this may have been caused by an unforced failure of the IMS.
3. Why is this a class action lawsuit?
In a class action, one or more people, called Class Representatives (in this case Bruce Eisen, Kymmberli R. Ureda, Lee Smith and Frederick Nelson-Bonebrake) sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Etc