UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ...

Case 2:18-cv-14371-RLR Document 27 Entered on FLSD Docket 04/26/2019 Page 1 of 36

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

Civil Action No. 2:18-CV-14371-ROSENBERG/MAYNARD

ELLEN BERMAN, and DAYANA GUACH on behalf of themselves and all others similarly situated,

Plaintiffs,

v.

GENERAL MOTORS LLC, a Delaware limited liability company

Defendant.

PLAINTIFF'S UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED CLASS SETTLEMENT, PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS, AND APPROVAL OF CLASS NOTICE AND INCORPORATED MEMORANDUM OF LAW

GREG COLEMAN LAW Rachel Soffin (FBN 0018054) Gregory F. Coleman* First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Phone: (865) 247-0080 Facsimile: (865) 522-0049 rachel@ greg@

WHITFIELD BRYSON & MASON LLP Daniel K. Bryson* J. Hunter Bryson* 900 W. Morgan St. Raleigh, NC 27603 Tel: 919-600-5000 Fax: 919-600-5035

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Case 2:18-cv-14371-RLR Document 27 Entered on FLSD Docket 04/26/2019 Page 2 of 36

dan@ hunter@ AHDOOT & WOLFSON, PC Robert Ahdoot* 10728 Lindbrook Drive Los Angeles, California 90024 Tel: 310-474-9111 Fax: 310-4748585 rahdoot@ (*admitted pro hac vice) Attorneys for the Plaintiff

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TABLE OF CONTENTS

INTRODUCTION .............................................................................................................. 2 BACKGROUND ................................................................................................................ 5 MATERIAL TERMS OF THE SETTLEMENT AGREEMENT AND NOTICE PLAN . 6

The Settlement Class.................................................................................................. 6 Notice of SCAs, Vehicle Inspections, and Repairs.................................................... 7 Cash Reimbursement of Out-of-Pocket Costs ........................................................... 8 Class Release ............................................................................................................. 9 Class Representative Service Payments.................................................................... 9 Attorneys' Fees and Expenses ................................................................................. 10 Notice and Administration ....................................................................................... 10 THE SETTLEMENT CLASS SHOULD BE CONDITIONALLY CERTIFIED ............ 13 The Rule 23(a) Requirements are Satisfied ............................................................. 14

The Class is so numerous that joinder is impracticable. .................................. 15 There are questions of law and fact common to the Class. .............................. 16 Plaintiff's claims are typical of the claims of the Class. .................................. 16 Plaintiff will fairly and adequately represent the Settlement Class.................. 17 The Requirements of Rule 23(b)(3) are Satisfied .................................................... 18 The Class Is Ascertainable....................................................................................... 23 THE SETTLEMENT SHOULD BE PRELIMINARILY APPROVED .......................... 23 The Settlement Provides Substantial Relief............................................................. 25 The Settlement Provides Relief to Class Members.................................................. 25 The Settlement is the Result of Good-Faith Arm's-Length Negotiations Conducted by Well-Informed and Experienced Counsel........................................................... 26 THE COURT SHOULD APPOINT PLAINTIFF'S COUNSEL AS CLASS COUNSEL UNDER RULE 23(g).................................................................................................................... 28 THE NOTICE PLAN SHOULD BE APPROVED. ......................................................... 29 CONCLUSION................................................................................................................. 32

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Plaintiff respectfully moves, under Rule 23 of the Federal Rules of Civil Procedure, for preliminary approval of a proposed Settlement with General Motors LLC, preliminary certification of the Class defined in the Settlement, and approval of proposed notice to the Class.1 This Settlement, reached after protracted litigation, discovery, and negotiations in this case and associated cases, will resolve all of Plaintiff's and Settlement Class Members' claims against General Motors LLC in the above-captioned Action and the related litigation, cited below.2

INTRODUCTION Plaintiff Ellen Berman ("Plaintiff")3, individually and on behalf of all others similarlysituated, and Defendant General Motors LLC ("Defendant" or "GM") have entered into a Class Action Settlement Agreement (the "Settlement," "Agreement," or "Settlement Agreement") to resolve Plaintiff's claims that Defendant's 2010, 2011, 2012, and 2013 model Chevrolet Equinox and GMC Terrain vehicles equipped with 2.4 liter Ecotec engines are defective and prone to excessive oil consumption and/or piston or engine damage. While Defendant denies these allegations, the Parties have reached an agreement to resolve the litigation. Accordingly, Plaintiff respectfully submits this Memorandum of Law in support in their unopposed Motion for entry of an order that will: (i) certify the Class for purposes of settlement only ("Settlement Class"); (ii) preliminarily approve the Settlement Agreement; (iii) appoint the law firms of Greg Coleman Law PC, Ahdoot & Wolfson, PC, and Whitfield Bryson & Mason LLP as Class Counsel; and (iv)

1 The Settlement Agreement and its Exhibits are attached hereto as Exhibit A. Capitalized terms not defined herein shall have the same definitions and meanings ascribed to them in the Settlement. 2 In addition to the instant action, as discussed below, similar purported class actions were previously filed by the undersigned proposed Class Counsel against GM in the United States District Court for the Northern District of California and in the United States District Court for the Northern District of Illinois. 3 On April 22, 2019, Plaintiff Dayana Guach was voluntarily dismissed without prejudice. (DE 25).

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approve the form and manner of giving notice of the proposed Settlement and related matters to members of the Settlement Class.

The proposed Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class Members. It provides substantial and immediate benefits (which are more specifically described below) in the form of: (1) notice that Special Adjustment Coverages (SCA) 14159, 15285 and 16118 remain in effect subject to their express terms, conditions and time and mileage limits, including free diagnosis and piston assembly replacement by authorized GM dealers for Class Vehicles that are diagnosed as currently consuming excessive oil pursuant to GM Technical Service Bulletin No. 13-06-01-003H, and (2) notice to Settlement Class Members who previously paid out-of-pocket for piston assembly replacement in their Class Vehicles that they may submit a Claim Form to the Settlement Administrator prior to the Claim Deadline requesting reimbursement of any and all out-of-pocket expenses covered under the express terms, conditions and time and mileage limits of the SCAs that have not previously been reimbursed by GM, including reasonable rental car charges, (3) issuance of a new SCA for 2013 Class Vehicles manufactured prior to the Production Change within thirty days of the Effective Date of Settlement, wherein Settlement Class Members may present Class Vehicles to authorized GM dealerships for free diagnosis and, if diagnosed as currently consuming excessive oil, receive free piston assembly replacement, subject to express terms, conditions and time and mileage limits of the New SCA, (4) notice to Settlement Class Members who previously paid out-of-pocket for piston assembly replacement in their model year 2013 Class Vehicles due to excessive oil consumption as defined in the New SCA may submit a Claim Form to the Settlement Administrator requesting full reimbursement of any and all out-of-pocket expenses covered under the express terms, conditions and time and mileage limits of the new SCA, including reasonable

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