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Tim Nguyen, As An Individual, and Chris Clyne v. Bmw of North America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 9, 2011

TIM NGUYEN, AS AN INDIVIDUAL, AND CHRIS CLYNE, AN INDIVIDUAL, ON BEHALF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY;
AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

[PROPOSED] SUPPLEMENTAL ORDER OF PRELIMINARY APPROVAL APPOINTING ADDITIONAL CLASS COUNSEL

[PROPOSED] SUPPLEMENTAL ORDER OF PRELIMINARY APPROVAL APPOINTING ADDITIONAL CLASS COUNSEL

The Honorable Susan Illston above captioned action, certified the settlement class, appointed settlement class counsel, set the 3 matter for hearing on final approval of the proposed settlement and directed that notice be sent to 4 all class members on December 23, 2011, forty-five (45) after date of entry of this courts 5 preliminary approval order pursuant to Paragraph 5.5 of the Settlement Agreement, previously 6 filed with the Court. In Paragraph 4 of this Court's Preliminary Approval Order the Court stated 7 that it would consider the appointment of additional class counsel pursuant to Fed. R. Civ. Proc. 8

On November 8, 2011 this Court preliminarily approved a proposed settlement in the 23(g)(A) upon the submission of an appropriate declaration and other documentation 9 demonstrating the other firms (Wigington, Rumley & Dunn; Babbitt, Johnson, Osborn and 10 Consistent with the Court's direction, previously appointed Settlement Class Counsel, Kershaw, Cutter & Ratinoff, has submitted declarations and resumes clearly setting forth the 13 complex litigation experience of those additional firms as well as their participation in this case.

Upon consideration of those submissions the Court finds that the additional firms have the 15 experience and resources to adequately represent the class and it is hereby ORDERED that: 16 Osborne of Babbitt, Johnson, Osborne & LeClainche and the firm of Wexler Wallace be 18 appointed as additional class counsel for the Settlement Class. 19

Class Notice to be disseminated to Class Members on December 23, 2011.

Dated: _________________, 2011

LeClainche; and Wexler Wallace) knowledge and experience in handling these types of cases.

1. Joseph Dunn of Wigington, Rumley & Dunn; Theodore Babbitt and Joseph

2. The additional class counsel are to be included as Settlement Class Counsel in the

IT IS SO ORDERED.

20111209

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