The opinion of the court was delivered by: District Judge: Hon. Manuel L. Real
REVISED [PROPOSED] ORDER AND JUDGMENT APPROVING CLASS SETTLEMENT
The Court, after notice to the Settlement Class, held a hearing on December 15, 2008 for purposes of determining:
1. Whether the proposed settlement of the claims asserted by Plaintiff on behalf of all others similarly situated in the above-captioned lawsuit (the "lawsuit") on the terms set forth in the Agreement of Settlement dated April 25, 2008 and the exhibits thereto is fair, adequate and reasonable and should be finally approved by the Court; and
2. Whether, pursuant to the terms of the proposed settlement, a judgment should be entered dismissing Defendant VOLKSWAGEN GROUP OF AMERICA, INC. sued under its former name VOLKSWAGEN OF AMERICA, INC. ("VWGoA") from all released claims;
The Court, having heard all persons properly appearing and requesting to be heard; having considered the papers submitted in support of the proposed settlement and the oral presentations of counsel; and having considered all applicable law; and having considered any objections made to the proposed settlement; finds that there is no just reason for delay of entry of this Final Order and Judgment Approving Class Settlement. This Final Order and Judgment adopts and incorporates the Agreement of Settlement, the terms defined herein, and all exhibits thereto.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. The Court finds that it has personal jurisdiction over all members of the Settlement Class and that it has subject mater jurisdiction to approve the Agreement of Settlement and all exhibits thereto.
2. The Lawsuit is hereby certified as a Class Action pursuant to Federal Rule of Civil Procedure 23 for settlement purposes only. The Settlement Class is defined as:
All persons who are now or have been at any time owners of record or lessees of any model year 2000-2003 Audi A4 and Audi TT vehicles equipped with 1.8 liter turbocharged engines, and all model year 1999 Volkswagen Passat vehicles equipped with 1.8 liter turbocharged engines ("Settlement Class Vehicles") distributed by defendant Volkswagen Group of America, Inc., sued herein under its former name Volkswagen of America, Inc, in its own name or doing business as Audi of America, Inc., for sale in the United States. The Settlement Class excludes persons who validly and timely exclude themselves from the Settlement Class, and persons who have settled with and released Defendant from individual claims substantially similar to those alleged in this matter.
3. The Court gives Final Approval to the settlement as fair, adequate and reasonable to each of the Parties, consistent and in compliance with all requirements of federal and California Law, as to, and in the best interest, of each Parties and the members of the Settlement Class, and directs the Parties and their Counsel to implement ...