United States District Court, S.D. Florida, Miami Division
IN RE TAKATA AIRBAG PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL ECONOMIC LOSS ACTIONS AGAINST HONDA DEFENDANTS
FINAL ORDER APPROVING CLASS SETTLEMENT AND CERTIFYING
FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE.
the Court, having considered the Settlement Agreement filed
September 1, 2017 (the "Settlement Agreement")
between and among Class Representatives, through Settlement
Class Counsel, and Defendants Honda Motor Co., Ltd., American
Honda Motor Co., Inc., Honda R&D Co., Ltd., and Honda of
America Mfg., Inc. (collectively "Honda"), the
Court's September 19, 2017 Order Granting Preliminary
Approval of the Class Settlement, Directing Notice to the
Class, and Scheduling Fairness Hearing (the "Preliminary
Approval Order"), having held a Fairness Hearing on
February 7, 2018, and having considered all of the
submissions and arguments with respect to the Settlement
Agreement, and otherwise being fully informed, and good cause
appearing therefor (all capitalized terms as defined in the
IS HEREBY ORDERED AS FOLLOWS:
Final Order Approving Class Action Settlement incorporates
the Settlement Agreement and its exhibits, and the
Preliminary Approval Order. Unless otherwise provided herein,
the terms defined in the Settlement Agreement and Preliminary
Approval Order shall have the same meanings for purposes of
this Final Order and accompanying Final Judgment.
Court has personal jurisdiction over all parties in the
Action, including all Class Members, and has subject matter
jurisdiction over the Action, including jurisdiction to
approve the Settlement Agreement, grant final certification
of the Class, to settle and release all claims released in
the Settlement Agreement, and to dismiss the economic loss
claims asserted against Honda in the Actions with prejudice
and enter final judgment with respect to Honda in the
Actions. Further, venue is proper in this Court.
THE SETTLEMENT CLASS
Based on the record before the Court, including all
submissions in support of the settlement set forth in the
Settlement Agreement, objections and responses thereto and
all prior proceedings in the Action, as well as the
Settlement Agreement itself and its related documents and
exhibits, the Court hereby confirms the certification of the
following nationwide Class (the "Class") for
settlement purposes only:
(1) all persons or entities who or which owned and/or leased,
on the date of the issuance of the Preliminary Approval
Order, Subject Vehicles distributed for sale or lease in the
United States or any of its territories or possessions; and
(2) all persons or entities who or which formerly owned
and/or leased Subject Vehicles distributed for sale or lease
in the United States or any of its territories or
possessions, and who or which sold or returned, pursuant to a
lease, the Subject Vehicles after November 11, 2008 and
through the date of the issuance of the Preliminary Approval
Order. Excluded from this Class are: (a) Honda, its officers,
directors, employees and outside counsel; its affiliates and
affiliates' officers, directors and employees; its
distributors and distributors' officers and directors;
and Honda's Dealers and their officers, directors, and
employees; (b) Settlement Class Counsel, Plaintiffs'
counsel, and their employees; (c) judicial officers and their
immediate family members and associated court staff assigned
to this case, any of the cases listed in Exhibit 1, or the
11th Circuit Court of Appeals; (d) Automotive Recyclers and
their outside counsel and employees; and (e) persons or
entities who or which timely and properly exclude themselves
from the Class.
Court finds that only those persons/entities/organizations
listed on Appendix B to this Final Order Approving Class
Action Settlement have timely and properly excluded
themselves from the Class and, therefore, are not bound by
this Final Order Approving Class Action Settlement or the
accompanying Final Judgment.
Court confirms, for settlement purposes and conditioned upon
the entry of the Final Order and Final Judgment and upon the
occurrence of the Effective Date, that the Class meets all
the applicable requirements of FED. R. CIV. P. 23(a) and
a. Numerosity. The Class, which is ascertainable,
consists of millions of persons located throughout the United
States and satisfies the numerosity requirement of FED. R.
CIV. P. 23(a)(1). Joinder of these widely dispersed, numerous
Class Members into one suit would be impracticable.
b. Commonality. There are some questions of law or
fact common to the Class with regard to the alleged
activities of Honda in this case. These issues are sufficient
to establish commonality under Fed.R.Civ.P. 23(a)(2).
c. Typicality. The claims of class representatives
are typical of the claims of the Class Members they seek to
represent for purposes of settlement.
d. Adequate Representation. Plaintiffs'
interests do not conflict with those of absent members of the
Class, and Plaintiffs' interests are co-extensive with
those of absent Class Members. Additionally, this Court
recognizes the experience of Settlement Class Counsel.
Plaintiffs and their counsel have prosecuted this action
vigorously on behalf of the Class. The Court finds that the
requirement of adequate representation of the Class has been
fully met under Fed.R.Civ.P. 23(a)(4).
e. Predominance of Common Issues. For settlement
purposes, the questions of law or fact common to the Class
Members predominate over any questions ...