Answer:

In a class action lawsuit, one or more persons, called “Named Plaintiffs” sue on behalf of other people who have similar claims (“Proposed Class”). The Named Plaintiffs and the Proposed Class are collectively called the “Plaintiffs,” and their attorneys are referred to as “Class Counsel.” The company that has been sued (here, “American Honda Motor Co.” or “AHM”) is called the “Defendant.” In a class action lawsuit, all factual questions and legal issues are decided for all Plaintiffs, except for those people who choose to exclude themselves from the Proposed Class. United States District Judge Kimberly J. Mueller, of the Eastern District of California, is presiding over this class action.

Answer:

In this litigation, the Named Plaintiffs Stacie Zakskorn, Rachelle Schreiber, and Javier Hidalgo, allege that the brake pads on certain Settlement Class Vehicles (2006-2011 Honda Civics, DX and LX trims only) wear out prematurely.

AHM expressly denies the allegations in the litigation, denies that it has engaged in any wrongdoing, and specifically denies the claims described above and asserted in the litigation. There were other claims alleged in the original Class Action Complaint and the First Amended Class Action Complaint that have been dismissed and are no longer part of this settlement. You can read all of Plaintiff’s allegations in the Consolidated Complaint available here on the settlement website.

Answer:

Here, the Court has not decided in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement on behalf of everyone in the Proposed Class. That way, all parties avoid the cost of a trial, and Settlement Class Members will receive certain agreed-upon benefits which will be provided if the settlement is approved and becomes final. The Class Representatives and Class Counsel think this Proposed Settlement is in the Settlement Class Members’ best interests.

Answer:

The settlement is “proposed” at this point because it has been preliminarily approved by the Court and will be the subject of a later court hearing called a “Fairness Hearing,” which is currently scheduled to be held on February 20, 2015 at 10:00am in Courtroom 3 (15th floor) of the United States District Court for the Eastern District of California, 501 I Street, Sacramento, CA 95814. At that hearing, or soon thereafter, the Court will make a final decision about whether the settlement is fair and reasonable and whether it should be approved.

Answer:

You are a Settlement Class Member if you are a current or former owner or lessee of a 2006-2011 Honda Civic (DX and LX trims only), and a resident of the United States, Commonwealth of Puerto Rico, U.S. Virgin Islands, and Guam. Excluded from the class are AHM’s employees, employees of AHM’s affiliated companies, AHM’s officers and directors, insurers of Settlement Class Vehicles, all entities claiming to be subrogated to the rights of Settlement Class Members, issuers of extended vehicle warranties, and any Judge to whom the Litigation is assigned.

Answer:

Under the Proposed Settlement, Settlement Class Members may be eligible for compensation under two scenarios:

1. For Settlement Class Members who require a Brake Pad Replacement after receipt of the Notice of Proposed Settlement, AHM will reimburse Out-of-Pocket Expenses incurred by Settlement Class Members for parts and labor paid for the Brake Pad Replacement according to the following schedule, provided that the replacement occurs within the Warranty Period:
   
   1. For brake pads that require replacement after being used for 7,500 miles or less, AHM will reimburse 100% of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   2. For brake pads that require replacement after being used for 7,501 miles to 15,000 miles, AHM will reimburse 50% of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   3. For brake pads that require replacement after being used for 15,001 miles to 20,000 miles, AHM will reimburse 25%, of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   To be eligible for reimbursement, Settlement Class Members must provide Proof of Payment and submit a Claim Form in the manner described below within the Claims Period. Brake Pad Replacements that are required and performed after a Settlement Class Member receives Notice but before the Effective Date will not be eligible for reimbursement unless they are performed by an Authorized Honda Dealer.
2. For Settlement Class Members who paid for a Brake Pad Replacement prior to the receipt of the Notice of Proposed Settlement, AHM will reimburse Out-of-Pocket Expenses incurred by Settlement Class Members for parts and labor paid for the Brake Pad Replacement according to the following schedule, provided that the replacement occurred within the Warranty Period:
   1. For brake pads that required replacement after being used for 7,500 miles or less, AHM will reimburse 100% of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   2. For brake pads that required replacement after being used for 7,501 miles to 15,000 miles, AHM will reimburse 50% of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   3. For brake pads that required replacement after being used for 15,001 miles to 20,000 miles, AHM will reimburse 25%, of the total costs of replacing the brake pads (including parts, labor, taxes, and rotor resurfacing, but not including any costs relating to replacing rotors).
   To be eligible for reimbursement, Settlement Class Members must provide Proof of Payment and submit a Claim Form in the manner described below within the Claims Period. Brake Pad Replacements that are required and performed after a Settlement Class Member receives Notice but before the Effective Date will not be eligible for reimbursement unless they are performed by an Authorized Honda Dealer.

Answer:

To receive reimbursement, you must:

1. fill out the Claim Form in its entirety;
2. sign and date the Claim Form;
3. enclose, along with the Claim Form, an original receipt (or other original supporting documentation) for Brake Pad Replacement. Your documentation must include (a) The date the replacement was made and mileage on the subject brakes at the time of replacement; (b) The amount you paid for the brake pad replacement; and (c) Information that shows that the brake pads on your vehicle experienced premature wear as described in the Class Notice; and
4. Mail the Claim Form to the address indicated by the deadline. Your Claim Form(s) must be postmarked no later than 30 days after the Effective Date.

Answer:

To participate in the Proposed Settlement, you must complete a Claim Form in its entirety, sign the Claim Form, and mail the Claim Form along with all required supporting documentation to the address indicated by the relevant deadline (see the Answer to FAQ 9 for deadline information).

The Claim Form is enclosed with the Notice you received, and you can obtain additional copies to print here on the settlement website.

Answer:

Send your Claim Form with the necessary supporting documentation to the Settlement Administrator (“Honda Settlement Administrator” or “HSA”) at the following address via U.S. Mail, postage prepaid to the following address:

Settlement Administrator
Zakskorn Class Action Settlement
 P.O. Box 2718
Torrance, CA 90509

Your Claim Form must be timely.

If you previously paid for an eligible Brake Pad Replacement prior to receiving notice of the settlement, the deadline to submit your claim is no later than 30 days after the Effective Date.

For Settlement Class Members who seek reimbursement in the future for an eligible Brake Pad Replacement that occurs during the Warranty Period, the deadline to submit a valid Claim Form is no later than 60 days after the Brake Pad Replacement or March 31, 2015, whichever date is sooner.

Answer:

Once your claim is submitted to the Honda Settlement Administrator, HSA will review your Claim Form and let you know of its receipt and of any missing information required to process your claim.

Answer:

No. If you submit a valid Exclusion Request, you will not receive any benefits of the settlement and you cannot object to the settlement. If you exclude yourself, you should not submit a Claim Form seeking reimbursement. You cannot both exclude yourself and seek any benefits of the settlement.

To exclude yourself from the settlement, you must send a letter (“Exclusion Request”) by U.S. mail (or an express mail carrier) saying that you want to be excluded from Zakskorn, et al. v. American Honda Motor Co., Inc., Case No. 2:11-cv-2610-KJM-KJN and include

• full name;
• mailing address
• telephone number;
• approximate purchase / lease date
• model year(s) of your Class Vehicle(s);
• • vehicle identification number(s) (“VIN”) of your Class Vehicle(s);
• • a clear statement communicating that you want to be excluded from the Settlement Class, do not wish to be a Settlement Class Member, and want to be excluded from any judgment entered pursuant to the settlement; and
• signature

You cannot exclude yourself from the class action on the phone or by e-mail. You must mail your Exclusion Request to the following, postmarked no later than January 21, 2015:

Honda
P.O. Box 2722
Torrance, CA 90509

If you submit a valid Exclusion Request, you will not receive any benefits of the settlement and you cannot object to the settlement. You will not be legally bound by anything that happens in this Proposed Settlement.

Answer:

Yes. If you remain a Settlement Class Member (that is, if you do not exclude yourself, or opt-out, from the settlement), then you can tell the Court that you like the settlement and it should be approved, or you object to all or part of the settlement. The Court will consider all comments from Settlement Class Members.

To comment or object you must send a letter to the Honda Settlement Administrator, to Class Counsel, or AHM’s Counsel at the addresses indicated below, saying that you are commenting on the settlement in Zakskorn, et al. v. American Honda Motor Co., Inc., Case No. 2:11-cv-2610-KJM-KJN, and include your:

• full name;
• mailing address;
• telephone number;
• approximate date of purchase or lease;
• model year(s) of your Class Vehicle(s);
• vehicle identification number(s) (“VIN”) of your Class Vehicle(s);
• statement that you have reviewed the Settlement Class definition and understand that you are a Settlement Class Member;
• explanation of your factual and legal grounds for objecting;
• copies of any documents supporting your objection; and
• signature

You do not need to hire legal counsel to comment on or object to the settlement. But, if you are represented by legal counsel, you must also file your comment or objection to the settlement electronically with the Court.

Any Settlement Class Member objecting to the settlement (each an “Objector”) must also provide a detailed list of all objections to any other class action settlements submitted by him or her, or his or her legal counsel, to any court in connection with a class action settlement in the previous five (5) years. If the Objector 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 or she must affirmatively state as much in their submission to the Court.

The filing of an objection allows Class Counsel or AHM’s Counsel to take the Objector’s deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an Objector to make himself or herself available for a deposition or otherwise comply with expedited discovery requests may result in the Court striking the Objector’s objection and otherwise denying the Objector the opportunity to make an objection or be further heard. The Court may 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 intend to appear at the Final Approval Hearing, your comment or objection must identify the attorneys representing you, if any, who will appear at the Final Approval Hearing. To appeal from any provision of any order approving the settlement as fair, reasonable, and adequate, the award of incentive payments, or to the award of Class Counsel Fees and Expenses Award, you must appear in person, or through your counsel, at the Final Approval Hearing, or seek leave of Court excusing such appearance prior to the Final Approval Hearing, or as otherwise may be permitted by the Court at the Final Approval Hearing.

You must mail your comment or objection to the Honda Settlement Administrator, Class Counsel or Honda’s Counsel at the following addresses, postmarked no later than January 21, 2015:

Answer:

No. If you do not timely submit a valid Exclusion Request, and if the Court finally approves the settlement, you will remain a part of the Settlement Class and you will not be able to sue AHM for the same legal claims that are Released Claims.

Answer:

No. In fact, you must remain in the Settlement Class in order to submit an objection to it. Objecting is simply telling the Court that you do not like something about the Proposed Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

Answer:

No. Class Counsel has not received any fees or reimbursement for any of their expenses associated with this case, but by January 7, 2015, they will file an application with the Court to ask the Court for a Class Counsel Fees and Expenses Award if the Court approves the settlement. Any fees or expenses that Class Counsel request must be approved by the Court. If the Court approves the settlement, Class Counsel have agreed to request a Class Counsel Fees and Expenses Award totaling no more than $850,000, and AHM has agreed not to oppose such request.

Named Plaintiffs Stacie Zakskorn, Rachelle Schreiber, and Javier Hidalgo will also ask the Court to approve an Incentive Award not to exceed $7500 in the aggregate to compensate them for their time and effort on behalf of the Settlement Class. None of the monies paid to Class Counsel or the Named Plaintiffs will reduce the benefit you receive.

Copies of the applications for the Class Counsel Fees and Expenses Award and the Incentive Award will be posted this website as soon as they become available.

Answer:

The Court will hold a Final Approval Hearing on February 20, 2015 at 10:00am in Courtroom 3 (15th floor) of the United States District Court for the Eastern District of California, 501 I Street, Sacramento, CA 95814, to decide whether the settlement is fair, reasonable, and adequate. Assuming that the Court issues a Final Approval Order, approving the settlement, there might be appeals that delay the conclusion of case and prevent it from becoming final. It is always uncertain whether such appeals can be resolved, and resolving them can take months or even years. For that reason, at this time there is no way to tell with certainty if and when reimbursement payments will be issued. Information about the progress of the case will be periodically posted on the settlement website.

If the Honda Settlement Administrator determines your claim should not be paid or should be paid only in part, you will be mailed a letter telling you the amount you are to receive, if any, and explaining how you can appeal the decision, if you wish to do so.

Answer:

No, but you are welcome to come at your own expense if you do not exclude yourself from the settlement. Class Counsel will answer questions that the Court might have. If you send a comment or objection, you do not have to come to the Final Approval Hearing to talk about it. However, if you submit an objection and you do not appear at the Final Approval Hearing you will lose the right to appeal from any provision of any order approving the settlement as fair, reasonable, and adequate, the award of incentive payments, or to the award of Class Counsel Fees and Expenses Award. As long as you sent your comment or objection such that it was received on time, the Court will consider it. If you decide to hire your own attorney, he or she may also attend the Final Approval Hearing, but it is not necessary.

Answer:

You can obtain more information on this settlement website, where you can find extra Claim Forms, information about the history of this litigation and the status of the settlement, and documents such as the Consolidated Class Action Complaint filed by the Plaintiffs.

Answer:

If any claimant whose Claim Form has been rejected, in whole or in part, contests that decision, the claimant must mail the Honda Settlement Administrator a notice and statement of reasons indicating the claimant’s grounds for contesting the rejection, along with any supporting documentation, and requesting further review by the Honda Settlement Administrator. Any challenge to the rejection of a Claim Form must be postmarked within 30 days after the date of mailing of the notice of the rejection. Any claims submitted after this deadline shall be forever barred.

If the Honda Settlement Administrator denies a claim for a reimbursement, the Settlement Class Member may also appeal the denial to the Better Business Bureau for resolution in accordance with the terms and conditions of the limited warranty that accompanied the Settlement Class Vehicle, except that any such appeal must be made within 90 days of final denial by the Honda Settlement Administrator and any decision by the Better Business Bureau will be final and binding upon both parties. AHM will pay any cost charged by the Better Business Bureau for resolving the dispute. Each party shall be responsible for paying his, her or its own attorneys’ fees and other expenses if they decide to retain counsel.