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Basic Information
- What is the purpose of the Notice?
- What is this class action lawsuit about?
- What is a class action lawsuit and who is involved?
- Why is there a Settlement?
- Is this a safety issue?
Who Is In The Settlement?
- Am I part of this Class?
- I’m still not sure if I am included.
Settlement Benefits - What You Get
- Who gets paid?
- How much will I get?
- How do I get paid?
- What if I don’t timely mail a completed Claim Form
and documentation?
- When do I get my payment?
- What am I giving up to get a payment and stay in
the Class?
- Can I be reimbursed if I went to an independent
mechanic?
- Can I be reimbursed if I didn't use genuine Honda
or Acura parts?
Excluding Yourself From The Settlement
- How do I get out of this Settlement?
- If I don’t exclude myself, can I sue Honda later?
- If I exclude myself, can I get money from this Settlement?
The Lawyers Representing You
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid and will there be incentive
payments?
Supporting Or Objecting To The Settlement
- How do I tell the Court that I like or do not like
the Settlement?
- What is the difference between objecting and excluding?
Fairness Hearing
- When and where will the Court decide to approve
the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
If You Do Nothing
- What happens if I do nothing at all?
Additional Information
- Are there more details available?
BASIC INFORMATION
- What is the purpose of the Notice?
A class action lawsuit is pending in the United States District Court for the Central
District of California known as Browne et al. v. American Honda Motor Co., Inc.,
Case No. CV 09-06750 MMM (DTBx). Judge Margaret Morrow, who is overseeing this case,
authorized the Notice. You have a right to know about the class action lawsuit and
proposed Settlement. If you are a Class Member you have various options that you
may exercise before the Court decides whether to approve the Settlement. If the
Court approves the Settlement, and after appeals are resolved, if any, Honda will
make payments pursuant to the Settlement to Class Members that submit timely and
valid Claims.
The Notice explains the lawsuit, the Settlement, your legal rights, the available
benefits, who is eligible for them, and how to get them.
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- What is this class action lawsuit about?
This lawsuit is about the Rear Braking System in the “Class Vehicles,” namely, the
2008-2009 Honda Accords and 2009 Acura TSXs, as well as a small number of the 2010
model year Accords and some Acura TSXs listed by the last six numbers of the VIN
number on this website and at www.GirardGibbs.com/HondaBrakes.asp.
The Plaintiffs allege the Rear Brake Pads in the Class Vehicles wear out prematurely.
The Plaintiffs argue the premature Rear Brake Pad wear is due to a defect and that
Honda should have covered premature Rear Brake Pad wear and should have disclosed
the defect in the Rear Braking System at the time of sale. Honda denies there is
a defect or that it did anything wrong.
You can read the Class Action Complaint at www.GirardGibbs.com/HondaBrakes.asp.
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- What is a class action lawsuit and who is involved?
In a class action lawsuit, one or more persons called “Class Representatives” sue
on behalf of other people who have similar claims. All of these people together
are called a “Class” or “Class Members.” The Class Representatives - and all Class
Members like them - are called the Plaintiffs. The company they sued (in this case
American Honda Motor Co., Inc. (“Honda”)) is called the Defendant. The lawyers who
represent the Class are called “Class Counsel.” In a class action lawsuit, all factual
questions and legal issues are resolved for everyone in the Class - except for those
people who choose to exclude themselves from the Class.
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- Why is there a Settlement?
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides
agreed to a Settlement. That way, they avoid the cost of a trial, and the people
affected will get compensation quickly. The Class Representatives and Class Counsel
think the Settlement is best for everyone who has owned or leased a Class Vehicle.
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- Is this a safety issue?
Honda’s investigation and research concerning the cause of premature Rear Brake
Pad wear has not identified any safety concern. Similarly, Class Counsel’s investigation
and research of the premature Rear Brake Pad wear issue has not identified a safety
concern.
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WHO IS IN THE SETTLEMENT?
- Am I part of this Class?
The Class includes all residents of the United States, including the Commonwealth
of Puerto Rico, U.S. Virgin Islands, and Guam, who are current or former owners
or lessees of a Class Vehicle. Class Vehicles include the following:
- 2008 Honda Accord;
- 2009 Honda Accord;
- 2009 Acura TSX; and
- a small number of 2010 Honda Accords and some Acura TSXs, listed by the last six
digits of the VIN number on this website or at www.GirardGibbs.com/HondaBrakes.asp.
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- I’m still not sure if I am included.
If you are still not sure whether you are included, you can get free help at www.GirardGibbs.com/HondaBrakes.asp, or by writing Class
Counsel at the addresses listed in question 20, below.
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SETTLEMENT BENEFITS – WHAT YOU GET
- Who gets paid?
All Class Members are eligible to get CASH REIMBURSEMENTS if:
- The Class Member has to pay for Rear Brake Pad repair(s) or replacement(s) on
a Class Vehicle within 3 years of when the car was first sold or leased as a new
car, or first used as a demonstrator or company vehicle, or by October 27, 2010,
whichever is later;
- The repair(s) or replacement(s) were not necessitated by a collision or material
modifications to the vehicle;
- The Class Member has not been fully reimbursed for the repair; and
- The Class Member follows each of the four steps listed under question 10.
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- How much will I get?
Class Members can get cash reimbursements for three types of Rear
Brake Pad repairs/replacements.
- 1) New Material Honda Rear Brake Pad Replacements.
- Any purchase of, or repair using, the New Material Brake Pads (part #43022-TA0-A40)
qualifies for a one-time reimbursement of $150 or the amount paid (whichever is
less).
- 2) Original Honda Rear Brake Pads.
- Any purchase of, or repair using, the Original Rear Brake Pads (part #43022-TA0-A00,
#43022-TA0-A51 or #43022-TA0-A70) qualifies for a reimbursement equal to $125 or
50% of the amount paid (whichever is less).
- There is no limit to how many repairs using the Original Honda Rear Brake
Pads you can get reimbursed for; you can submit multiple Claims or place all reimbursable
repairs on a single Claim Form.
- 3) Non-Honda or Non-Acura Rear Brake Pads.
- Any purchase of, or repair using, non-Honda and/or non-Acura parts qualifies for
a one-time reimbursement equal to $125 or 50% of the amount paid (whichever is less).
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- How do I get paid?
To get paid, you have to do 4 things:
- 1) Complete the Claim Form;
- 2) Along with the Claim Form, enclose a receipt or repair order (or other
documentation) for each Rear Brake Pad repair or replacement. The receipt,
repair order or other documentation MUST show the part number of the brake pads
used in the repair;
- 3) On the Claim Form, sign and date at the bottom; and
- 4) Timely Mail the Claim Form: Claims Forms must be mailed by November
29, 2010 OR for new material rear brake pad replacements mailed within 90 days
of the repair (if the repair is later than August 30, 2010).
The Claim Form is enclosed with the Notice. Additional Claim Forms are posted on
this website or at
www.GirardGibbs.com/HondaBrakes.asp.
Your receipt (or other documentation) must show (1) the amount paid
by you or on your behalf; (2) the date on which the repair was obtained (or the
date the repair was paid for); (3) that rear brake parts were repaired and/or replaced;
(4) the VIN of the vehicle repaired; and (5) the part number of the brake pads used
in the repair. To ensure the validity of your Claim(s), it is best to submit your
original repair receipts.
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- What if I don’t timely mail a completed Claim Form
and documentation?
If you fail to mail in the Claim Form and supporting documents by the required deadline(s),
you will not get paid. Sending in a Claim Form late or without documentation will
be the same as doing nothing (see question 25).
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- When do I get my payment?
The Court will hold a fairness hearing on July 26, 2010 to decide whether to approve
the Settlement as fair, reasonable, and adequate. If Judge Morrow approves the Settlement,
there may be appeals which may delay the conclusion of the case. It is always uncertain
whether these appeals can be resolved, and resolving them can take time, perhaps
more than a year. Information about the progress of the case will be available on
this website or at
www.GirardGibbs.com/HondaBrakes.asp.
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- What am I giving up to get a payment and stay in
the Class?
Unless you exclude yourself, you are staying in the Class, and that means that you
can’t sue, continue to sue, or be part of any other lawsuit against Honda about
the same legal issues in this case. It also means that all of the Court’s orders
will apply to you and legally bind you.
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- Can I be reimbursed if I went to an independent mechanic?
Yes. Otherwise eligible repairs will be reimbursable regardless of whether they
were performed at a Honda/Acura dealership or elsewhere.
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- Can I be reimbursed if I didn’t use genuine Honda
or Acura parts?
Yes. If you paid for a Rear Brake Pad Replacement and used non-Honda and/or non-Acura
parts, you will be able to claim a reimbursement for one such repair in the amount
of 50% of the out-of-pocket costs, up to $125.
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EXCLUDING YOURSELF FROM THE SETTLEMENT
- How do I get out of this Settlement?
To exclude yourself from the Settlement, you must send a letter by U.S. mail saying
that you want to be excluded from Browne et al. v. American Honda Motor Co., Inc.,
Case No. CV 09-06750 MMM (DTBx). Be sure to include your full name, address, telephone
number, signature, model year and VIN of your Class Vehicle(s), and the approximate
date(s) of purchase or lease. You must mail your exclusion request postmarked no
later than July 5, 2010, to:
HONDA REAR BRAKE PAD SETTLEMENT ADMINISTRATOR
c/o Exclusion Request
P.O. Box 2322
Faribault, MN 55021-9022
You cannot exclude yourself on the phone or by e-mail. If you submit your request
to be excluded by U.S. mail, you will not get any Settlement payment and you cannot
object to the Settlement. You will not be legally bound by anything that happens
in this lawsuit.
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- If I don’t exclude myself, can I sue Honda later?
No, not for the same legal claims at issue here.
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- If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself from the Class you won’t get any money or benefits from
this Settlement. If you exclude yourself, you should not submit a Claim Form to
ask for money from the class action Settlement. You cannot do both.
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THE LAWYERS REPRESENTING YOU
- Do I have a lawyer in this case?
The Court has decided that the law firms Girard Gibbs LLP of San Francisco, California,
and Berk Law PLLC of Washington, D.C. are qualified to represent you and all Class
Members. Together these law firms are called “Class Counsel.” They are experienced
in handling similar cases against other automotive manufacturers. More information
about these law firms, their practices, and their lawyers’ experience is available
at www.GirardGibbs.com
and www.berklawdc.com.
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- Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your
behalf. If you want your own lawyer, you may hire one at your own cost.
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- How will the lawyers be paid and will there be incentive
payments?
Class Counsel has not received any fees or reimbursement for any of the expenses
associated with this case and will ask the Court for an award of attorneys’ fees
and expenses that does not exceed $2 million. In addition, Class Counsel will ask
that the Court award each of the Class Representatives a $1,000 service award in
recognition of their efforts on behalf of the Class. Any fees, expenses or incentive
awards that Class Counsel request must be approved by the Court. Class Counsel will
request that their fees and expenses, and the incentive awards, be paid directly
by Honda, which means they will not reduce the recovery to you and other members
of the Class.
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SUPPORTING OR OBJECTING TO THE SETTLEMENT
- How do I tell the Court that I like or do not like
the Settlement?
If you are a Class Member, you can tell the Court you like the Settlement and it
should be approved, or that you object to the Settlement if you do not like a part
of it. The Court will consider all comments from Class Members.
To object, you must send a letter saying that you are commenting on the Settlement
in Browne et al. v. American Honda Motor Co., Inc., Case No. CV 09-06750
MMM (DTBx), and you must include your full name, current address, telephone number,
model year and VIN of your Class Vehicle(s), your factual and legal grounds for
objecting, any documents supporting your objection, and your signature. Any Class
Member objecting to the Settlement must provide a detailed list of any other objections
submitted by the objector, or the objector’s counsel, to any class action settlements
submitted in any court in the previous five (5) years. If the Class Member or his
or her counsel has not objected to any other class action settlement in any court
in the United States in the previous five (5) years, he, she or it shall affirmatively
so state in the written materials provided with the objection. If you intend to
appear at the fairness hearing through counsel, your comment must also state the
identity of all attorneys representing you who will appear at the fairness hearing.
Be sure to send your objection to the three different places set forth below such
that it is received no later than July 5, 2010:
No. 1: Court
Clerk of the Court
Roybal Federal Building
United States District Court
for the Central District of California
255 East Temple Street
Los Angeles, CA 90012
No. 2: Class Counsel
GIRARD GIBBS LLP
c/o Eric H. Gibbs
601 California Street, 14th Floor
San Francisco, CA 94108
OR
BERK LAW PLLC
c/o Steven N. Berk
1225 Fifteenth St. NW
Washington, DC 20005
No. 3: Defense Counsel
LEWIS BRISBOIS BISGAARD & SMITH LLP
c/o Roy Morse Brisbois
221 North Figueroa St.
Suite 1200
Los Angeles, CA 90012-2601
If you file an objection, Class Counsel or Counsel for Honda are allowed to notice
and take your deposition consistent with the Federal Rules of Civil Procedure at
an agreed-upon location before the fairness hearing, and to seek any documentary
evidence or other tangible things that are relevant to the objection. Failure by
an objector to comply with discovery requests may result in the Court striking said
objector’s objection and otherwise denying that person the opportunity to make an
objection or be further heard. The Court reserves the right to tax the costs of
any such discovery to the objector or the objector’s counsel should the Court determine
that the objection is frivolous or is made for an improper purpose.
If you do not submit a written comment on the proposed Settlement or the application
of Class Counsel for Incentive Awards, attorneys’ fees and expenses in accordance
with the deadline and procedure set forth above, you will waive your right to be
heard at the fairness hearing and to appeal from any order or judgment of the Court
concerning the matter.
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- What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement.
You can object only if you stay in the Class. Excluding yourself is telling the
Court that you do not want to be part of the Class. If you exclude yourself, you
have no basis to object because the case no longer affects you.
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FAIRNESS HEARING
- When and where will the Court decide to approve the
Settlement?
The Court will hold a fairness hearing at 10:00 a.m. on July 26, 2010, in Courtroom
780, Western Division, Roybal Federal Building, United States District Court for
the Central District of California, 255 East Temple Street, Los Angeles, California
90012. At this hearing the Court will consider whether the Settlement is fair, reasonable,
and adequate. If there are objections, the Court will consider them. Judge Morrow
may listen to people who have asked to speak at the hearing. The Court may also
decide how much to pay Class Counsel or whether to approve incentive awards. After
the hearing, the Court will decide whether to approve the Settlement. We do not
know how long it will take for the Court to make its decision.
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- Do I have to come to the hearing?
No; Class Counsel will answer questions Judge Morrow may have, but you are welcome
to come at your own expense. If you send an objection, you do not have to come to
Court to talk about it. As long as you sent your written objection such that it
is received on time, the Court will consider it. You may also pay your own lawyer
to attend, but it is not necessary.
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- May I speak at the hearing?
If you do not exclude yourself, you may ask the Court’s permission to speak at the
hearing concerning the proposed Settlement or the application of Class Counsel for
attorneys’ fees and expenses. To do so, you must send in a letter saying that it
is your notice of your intention to appear at the fairness hearing in Browne et al.
v. American Honda Motor Co., Inc., Case No. CV 09-06750 MMM (DTBx). The
letter must state the position you intend to present at the hearing, state the identities
of all attorneys who will represent you (if any), and must include your full name,
current address, telephone number, model year and VIN of your Class Vehicle(s),
and your signature. You must send your notice to the Clerk of the Court, Class Counsel,
and Defense Counsel at the three addresses listed under question 20, such that it
is received no later than July 5, 2010. You may combine this notice and your comment
(described under question 20) in a single letter. You cannot speak at the hearing
if you excluded yourself.
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IF YOU DO NOTHING
- What happens if I do nothing at all?
If you do nothing, you’ll get no money from this Settlement. But, unless you exclude
yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part
of any other lawsuit against Honda about the legal issues in this case, ever again.
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ADDITIONAL INFORMATION
- Are there more details available?
Visit the website
www.GirardGibbs.com/HondaBrakes.asp where you can find extra Claim Forms,
information on the litigation and Settlement, and documents such as the Class Action
Complaint filed by the Plaintiffs.
Updates regarding the case will be available at www.GirardGibbs.com/HondaBrakes.asp.
You may also call Class Counsel at 1-866-981-4800 or write them at:
GIRARD GIBBS LLP
c/o Honda Accord Litigation
601 California Street, 14th Floor
San Francisco, CA 94108
BERK LAW PLLC
c/o Honda Accord Litigation
1225 Fifteenth St. NW
Washington, DC 20005
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