EFTA01372136.pdf

Page 17 2016 U.S. Dist. LEXIS 97188, * Anthony Mazzarella filed an objection on April 8, 2016, arguing that his 2007 Base/Standard MINI Cooper, which is not a Class Vehicle, should be included in the N14 Class. ECF No. 81. As Plaintiffs argue, Mr. Mazzarella has no standing to make an objection on the basis of this vehicle because it is not a Class Vehicle. ECF No. 92 at 24. g. Objection of Jenean C. Cordon Jenean C. Cordon filed an objection on April 12, 2016, arguing that the warranty should be extended to ten years after the in-service date. ECF No. 82. For the reasons discussed, the Court finds that this does not demonstrate the settlement agreement is unreasonable, unfair, or inadequate. h. Objection of Oona Robinson Oona Robinson filed an objection on April 15, 2015, arguing that the settlement should "compensate people fully for the financial impact incurred" as a result of the alleged defects.["36] ECF No. 83. Ms. Robinson seeks a payment of $49,500, representing approximately $4,500 in repairs for her Class Vehicle over five years of ownership and $45,000 that she spent on a new car to replace her Class Vehicle. To repeat, Ms. Robinson is entitled, with limitations, to reimbursement for repairs and replacement of the timing chain, tensioner, and engine. See ECF No. 92. As to Ms. Robinson's request that Defendants be required to compensate Class members in full for the purchase of "replacement" vehicles, the Court finds that this would be unreasonable: not only, as Plaintiffs argue, does this argument "not take into account the nature of a settlement," which generally involves some sort of compromise, ECF No. 92 at 25, but it would provide a windfall to Class members whose replacement vehicles were more expensive than their Class Vehicles. This requirement would also ignore that, because vehicles decline in value with time and mileage, individuals are always likely to spend some amount of money when purchasing a new vehicle to replace an old one, even if the old vehicle is free of defects. i. Objection of Gary Kaufman Gary Kaufman filed an objection on April 11, 2016, arguing that ["37] the warranty extension is inadequate because it does not cover his vehicle. ECF No. 84. It is unclear whether, at the time he filed the objection, Mr. Kaufman had taken his vehicle in for repairs or whether he had declined to repair it, believing that he would have to pay for engine repairs himself. Id. at 1. In any event, the Court repeats that Mr. Kaufman, like all Class Members, is eligible for reimbursement for part repairs and replacements made before the effective date of the settlement. See ECF No. 92 at 25. j. Objection of LaTonya Curtis LaTonya Curtis filed an objection on May 16, 2016, arguing that the general terms of the settlement are insufficient. ECF No. 85. Ms. Curtis is the owner of a 2010 MINI Cooper Clubman S. which is not an N14 Class Vehicle. Ms. Curtis lacks standing to challenge the settlement. k. Objection of Timothy Fitzgerald For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0065746 CONFIDENTIAL SDNY_GM_00211930 EFTA01372136