leafkabob
Well-known member
Sorry for the length of this, but I wanted to get it all down at once, as much for myself as anyone else. All of the Court Docs can be found here: http://www.nissanleafsettlement.com/content.aspx?c=5619&sh=1
The Amended Class Action Complaint http://www.nissanleafsettlement.com...LD-COM Nissan Leaf - With EXH (Conformed).pdf, at paragraph 69, states that the "Nationwide Class" or "Class" is "all persons in the United States who purchased or leased any 2011 through 2012 Nissan Leaf Vehicle, excluding fleet and government purchasers or lessees."
To me, that means that the original class was intended to be anyone that bought a new or used 2011 or 2012 Leaf. I include used because David Wallak, one of the named plaintiffs in the case, purchased his leaf used, with 11of 12 capacity bars. Not sure if it is significant, but he did purchase from a dealer.
So after the Amended Complaint, the next relevant document is the Settlement Agreement (which by the way was negotiated before any formal Discovery was conducted).
The Settlement Agreement (http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_Settlement_Agreement.pdf) has a section titled "Definitions." The definition of "Class Vehicles" is, "Class Vehicles means 2011-2102 model year Nissan Leaf vehicles sold or leased in the United States and its territories, including Puerto Rico."
To me, that agrees with the definition of class vehicles in the Amended Complaint.
But, the Settlement Agreement also includes a definition of Settlement Class: "Settlement Class means all former and current owners and lessees of a 2011-2012 model year Nissan Leaf vehicle in the United States and its territories, including Puerto Rico. The "Settlement Class" is defined in the same way as the proposed class in the Amended Class Action Complaint in the Lawsuit and includes the same members as those in the proposed class in that Complaint."
I still see no conflict in the intended population of the Class in these two documents.
The Settlement Agreement also includes a definition of Settlement Class Members: "Settlement Class Members means all persons who are members of the Settlement Class, except those who validly request exclusion from the Settlement Class as provided in the Notice." (The Notice was mailed out on June 7, 2013 to all Class Members.)
Still no conflict, although this definition clarifies that those who opt-out are not considered Settlement Class Members.
Then came the Amendment to Settlement Agreement (http://www.nissanleafsettlement.com... to Settlement Agreement - Fully Executed.pdf), which also has a "Definitions" section that includes this: "All terms used in this Amendment shall have the same defined meanings as set forth in paragraphs 1-26 of the Settlement Agreement unless modified below." (bolding is mine)
The definitions of Class, Settlement Class, or Settlement Class Members do not appear to be modified. The first definition of the section is "Amended Settlement" and the last one in the section is "Settlement Agreement." They were clearly listed in alphabetical order and Class, Settlement Class and Settlement Class Members are not found in this section.
The next section of the Amendment to Settlement Agreement is titled "Additional Relief to Settlement Class Members." It is in this section that the definition of Settlement Class Member is "revised to mean 'all persons who are members of the Settlement Class, except those who validly requested exclusion . . ." In other words, those who opted out are not Settlement Class Members.
In my non-lawyer opinion, all of the definitions up to this point are in agreement. If you purchased a 2011 or 2012 Nissan Leaf, and didn't opt-out (or if you did, but opted back in), then you are a member of the Settlement Class.
But then came the "Order Granting Final Approval of Class Action Settlement and Awarding Attorneys' Fees." http://www.nissanleafsettlement.com...Final Approval of Class Action Settlement.pdf
On the last page, it says:
"IT IS ORDERED: 1. The court hereby certifies, for settlement purposes only, the following class:
All former and current owners and lessees of a 2011-2012 model year Nissan Leaf vehicle, at the time the original notice was issued in 2013, in the United States and its territories, including Puerto Rico." (bolding is mine. )
So why did the Judge change the definition? Back on Page 6, there is a footnote that says "It was clarified at the hearing that the class includes only those current/former owners at the time the notice was issued in 2013." :shock:
I am surprised that verbal discussions at the hearing could "clarify" or modify all of the previous written definitions of the class. But I guess the Order took care of reducing those verbal clarifications to writing.
I am now even more disgusted with the Plaintiffs attorneys than I was before. They clearly just wanted to get their fees and didn't really care about the class members.
The Amended Class Action Complaint http://www.nissanleafsettlement.com...LD-COM Nissan Leaf - With EXH (Conformed).pdf, at paragraph 69, states that the "Nationwide Class" or "Class" is "all persons in the United States who purchased or leased any 2011 through 2012 Nissan Leaf Vehicle, excluding fleet and government purchasers or lessees."
To me, that means that the original class was intended to be anyone that bought a new or used 2011 or 2012 Leaf. I include used because David Wallak, one of the named plaintiffs in the case, purchased his leaf used, with 11of 12 capacity bars. Not sure if it is significant, but he did purchase from a dealer.
So after the Amended Complaint, the next relevant document is the Settlement Agreement (which by the way was negotiated before any formal Discovery was conducted).
The Settlement Agreement (http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_Settlement_Agreement.pdf) has a section titled "Definitions." The definition of "Class Vehicles" is, "Class Vehicles means 2011-2102 model year Nissan Leaf vehicles sold or leased in the United States and its territories, including Puerto Rico."
To me, that agrees with the definition of class vehicles in the Amended Complaint.
But, the Settlement Agreement also includes a definition of Settlement Class: "Settlement Class means all former and current owners and lessees of a 2011-2012 model year Nissan Leaf vehicle in the United States and its territories, including Puerto Rico. The "Settlement Class" is defined in the same way as the proposed class in the Amended Class Action Complaint in the Lawsuit and includes the same members as those in the proposed class in that Complaint."
I still see no conflict in the intended population of the Class in these two documents.
The Settlement Agreement also includes a definition of Settlement Class Members: "Settlement Class Members means all persons who are members of the Settlement Class, except those who validly request exclusion from the Settlement Class as provided in the Notice." (The Notice was mailed out on June 7, 2013 to all Class Members.)
Still no conflict, although this definition clarifies that those who opt-out are not considered Settlement Class Members.
Then came the Amendment to Settlement Agreement (http://www.nissanleafsettlement.com... to Settlement Agreement - Fully Executed.pdf), which also has a "Definitions" section that includes this: "All terms used in this Amendment shall have the same defined meanings as set forth in paragraphs 1-26 of the Settlement Agreement unless modified below." (bolding is mine)
The definitions of Class, Settlement Class, or Settlement Class Members do not appear to be modified. The first definition of the section is "Amended Settlement" and the last one in the section is "Settlement Agreement." They were clearly listed in alphabetical order and Class, Settlement Class and Settlement Class Members are not found in this section.
The next section of the Amendment to Settlement Agreement is titled "Additional Relief to Settlement Class Members." It is in this section that the definition of Settlement Class Member is "revised to mean 'all persons who are members of the Settlement Class, except those who validly requested exclusion . . ." In other words, those who opted out are not Settlement Class Members.
In my non-lawyer opinion, all of the definitions up to this point are in agreement. If you purchased a 2011 or 2012 Nissan Leaf, and didn't opt-out (or if you did, but opted back in), then you are a member of the Settlement Class.
But then came the "Order Granting Final Approval of Class Action Settlement and Awarding Attorneys' Fees." http://www.nissanleafsettlement.com...Final Approval of Class Action Settlement.pdf
On the last page, it says:
"IT IS ORDERED: 1. The court hereby certifies, for settlement purposes only, the following class:
All former and current owners and lessees of a 2011-2012 model year Nissan Leaf vehicle, at the time the original notice was issued in 2013, in the United States and its territories, including Puerto Rico." (bolding is mine. )
So why did the Judge change the definition? Back on Page 6, there is a footnote that says "It was clarified at the hearing that the class includes only those current/former owners at the time the notice was issued in 2013." :shock:
I am surprised that verbal discussions at the hearing could "clarify" or modify all of the previous written definitions of the class. But I guess the Order took care of reducing those verbal clarifications to writing.
I am now even more disgusted with the Plaintiffs attorneys than I was before. They clearly just wanted to get their fees and didn't really care about the class members.