reniger revised sa page 1 with initials may also submit your claim online at . this claim form...

Exhibit A

Settlement Agreement and Release

Reniger et al. v. Hyundai Motor America et al.

United States District Court, Northern District of CaliforniaCase No. 14-cv-03612-CW

4846‐6223‐7489.1

CLAIM FORM To make a claim in the class action settlement in the above case, please complete and mail this form, postmarked no later than ________ to:

Reniger et al. v. Hyundai Motor America, et al.

[ADDRESS] [ADDRESS]

You may also submit your claim online at www.XXXX.com. This Claim Form applies to claims for reimbursement for Out-Of-Pocket Costs, Rebate Certificates, or Enhanced Rebate Certificates, as these underlined terms are defined in the Settlement Agreement and Release and Class Notice. This Claim Form requests that you provide certain Hyundai documentation such as repair orders and invoices. If you no longer possess this documentation you may be able to obtain it from the Hyundai dealership at which your Class Vehicle was serviced.

A. REGISTERED VEHICLE OWNER/LESSEE INFORMATION

B. INFORMATION ON CLASS VEHICLE Model & Model Year:

Vehicle Identification No. (VIN):

C. CLAIMS FOR OUT-OF-POCKET COSTS Please answer questions 1 through 5, and check “YES” for any box that applies to your claim for Out-of-Pocket Costs. 1. Did your Class Vehicle experience a 929A Condition stall?

Some vehicle stalls generate a code that is stored in your vehicle’s on-board computer system and that dealers often note in the repair order. A 929A Condition stall is a stall that does not generate such a code. If your repair order does not identify a particular code or cause for the stall, it will be considered a “929A Condition stall.” If you are unsure whether your documentation shows that your vehicle experienced a 929A Condition stall, you may check “YES” and submit your claim for review. Note: If your answer is “NO,” you are not eligible to make a claim and should not answer questions 2-5.

__Yes

___No

If your answer is “NO,” you are not eligible to make a claim

2. Did you pay money to a Hyundai dealership for a repair associated with a 929A Condition stall?

__Yes

___No

Amount claimed: $________

3. Did you pay money to a Hyundai dealership for diagnostic costs associated with a 929A Condition stall?

__Yes

___No


4. Did you incur towing costs as a result of a 929A Condition stall?

__Yes

___No


Name:

Address:

City, State, ZIP Code:

Telephone Number (day/evening):

Email Address (if available):

4846‐6223‐7489.1

5. Did you incur car rental costs as a result of a 929A Condition stall?

__Yes

___No


REQUIRED DOCUMENTATION FOR OUT-OF-POCKET COSTS: If your answer to 1 is “YES,” please provide documentation that evidences a 929A Condition stall. A Hyundai repair order, invoice or

other Hyundai documentation that does not reference a particular code or cause for the stall will be considered evidence of a 929A Condition stall.

If your answers to either 2, 3, 4, or 5 is “YES,” you must also provide a receipt, cancelled check, credit card statement, or other proof of payment for the Out-Of-Pocket Cost you are seeking to have reimbursed. Costs claimed in (4) and (5) are subject to a $250 maximum reimbursement, combined total for both categories.

D. CLAIM FOR A REBATE OR ENHANCED REBATE CERTIFICATE Please answer the questions below to determine if you are eligible to make a claim for a Rebate Certificate or Enhanced Rebate Certificate. 1. Did your Class Vehicle experience a 929A Condition stall? Some vehicle stalls generate

a code that is stored in your vehicle’s on-board computer system and that dealers often note in the repair order. A 929A Condition stall is a stall that does not generate such a code. If your repair order does not identify a particular code or cause for the stall, it will be considered a “929A Condition stall.” If you are unsure whether your documentation shows that your vehicle experienced a 929A Condition stall, you may check “YES” and submit your claim for review.

__Yes

___No

2.

Did your Class Vehicle experience at least two 929A Condition stalls? Note: If your answer is “NO,” you may skip question 3. You are not eligible to make a claim for an Enhanced Rebate Certificate.

__Yes

___No

3. Did one of your two or more 929A Condition stalls occur after your vehicle received the Campaign 929A Software Update? Note: If your answer is “NO,” you are not eligible to make a claim for an Enhanced Rebate Certificate.

__Yes

___No

If you only answered “YES” to question 1, you may make a claim for a Rebate Certificate. If you answered “YES” to questions 1, 2, and 3, you make a claim for an Enhanced Rebate Certificate. Certificate Requested (check only one): ______ Rebate Certificate ______Enhanced Rebate Certificate REQUIRED DOCUMENTATION FOR REBATE OR ENHANCED REBATE CERTIFICATE:

To receive a Rebate or Enhanced Rebate Certificate, you must provide in addition to this claim form all documentation that you claim evidences a 929A Condition stall. A Hyundai repair order, invoice or other Hyundai documentation that does not reference a particular code or cause for the stall will be considered evidence of a 929A Condition stall.

If your answer to (3) is “YES” and you wish to receive an Enhanced Rebate Certificate, you must also provide a Hyundai repair order, invoice or other Hyundai documentation that identifies when your vehicle received the Campaign 929A Software Update to verify that at least one of your 929A Condition stalls occurred after your vehicle received the Campaign 929A Software Update.

E. CERTIFICATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that (a) all of the answers and information submitted in this Claim Form and in the documentation supplied with this Claim Form for Out-Of-Pocket Costs, a Rebate Certificate, or Enhanced Rebate Certificate is true and authentic to the best of my knowledge, (b) I am (or was at the time of the stall(s)) the registered owner or lessee of the Class Vehicle identified in section A

4846‐6223‐7489.1

herein, and (c) that I have not submitted any other Claim for Out-Of-Pocket Costs, a Rebate Certificate, or an Enhanced Rebate Certificate in connection with the settlement in the Reniger et al. v. Hyundai Motor America et al. matter. / /

Signature Date

Exhibit B




334924.1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

If You Have Ever Owned Or Leased A

2010 – 2012 Model Year Hyundai Santa Fe with a 3.5L Engine

You May Be Entitled To Benefits Under This Proposed Class Action Settlement.

Please Read This Notice Carefully, As It Affects Your Legal Rights. The United States District Court for the Northern District of California authorized this notice.

This is not a solicitation from a lawyer.

Under the terms of a proposed class action settlement, you may be entitled to receive benefits, as set forth in this notice, if: (1) you currently own or lease, or previously owned or leased, a 2010 through 2012 model year Hyundai

Santa Fe with a 3.5L engine (“Class Vehicle”); and

(2) have at least one documented stalling complaint for the Class Vehicle that pre-dates this Class Notice; and

(3) the stall was caused by the “929A Condition” (please see 929A Condition definition in Section 5 below).

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

PARTICIPATE IN THE

SETTLEMENT If you agree with the proposed settlement, you need not do anything to remain in the class.

EXCLUDE YOURSELF You will not be entitled to participate in the settlement if you choose this option.

OBJECT Write to the Court about why you do, or do not, like the settlement. You must remain in the class to comment in support of or in opposition to the settlement.

ATTEND THE HEARING Ask to speak to the Court about the fairness of the settlement.

1. THE LITIGATION: Plaintiffs Julia Reniger and Greg Battaglia filed this class action in August 2013 in the United States District Court for the Northern District of California. The case is captioned Reniger et al. v. Hyundai Motor America et al., Case No. 14-cv-03612-CW (the “Litigation” or “Action”). The complaint was later amended to add representative plaintiffs Lucia Saitta and Ann Mancuso. The operative complaint alleges the Class Vehicles are prone to stalling while driving and seeks relief on behalf of a nationwide class from Hyundai Motor America (the authorized United States distributor of Hyundai vehicles) and Hyundai Motor Company (the Korea-based manufacturer of Hyundai vehicles) (together “Defendants” or “Hyundai”). Plaintiffs alleged Defendants are liable to them and the putative class for alleged (1) violation of the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), (2) violation of the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), (3) violation of New York Deceptive Practice Act (N.Y. Gen. Bus. L. § 349, et seq.), (4) breach of implied warranty pursuant the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1792 and 1791.1 et seq.), (5) breach of implied warranty pursuant to New York Uniform Commercial

334924.1

Code (N.Y. U.C.C. § 2-314), (6) violation of the Magnuson-Moss Warranty Act (15 U.S.C. § 2301), and (7) common law fraud. 2. HYUNDAI’S POSITION: Hyundai has expressly denied and continues to deny all charges of wrongdoing or liability against it arising out of the allegations and claims asserted in the Litigation, including that the vehicles are defective or prone to stalling. Hyundai maintains that its April 2015 service campaign (“Campaign 929A”) (which provides a free software update) eliminates any ongoing stalling concerns. Hyundai has vigorously resisted the lawsuit’s allegations and claims and has asserted and continues to assert defenses to those claims. 3. NOTICE: This notice is designed to inform members of the class of the pendency of this litigation and of the proposed settlement, and to describe your rights and options if you are a member of the class.

4. SETTLEMENT CLASS: The District Court has conditionally certified a class that includes all residents of the United States and the District of Columbia (excluding any U.S. territories) who currently own or lease, or who previously owned or leased, a Class Vehicle.

The Settlement Class excludes: (1) Hyundai Motor America, its subsidiaries and affiliates, officers, directors and employees; (2) Insurers of the Class Vehicles; (3) All persons or entities claiming to be subrogated to the rights of Class Members; (4) Issuers or providers of extended vehicle warranties or providers of extended service contracts; (5) Individuals and/or entities who validly and timely opt-out of the Settlement; (6) Consumers or businesses that have purchased Class Vehicles deemed a total loss (i.e. salvage) (subject to

verification through Carfax or other means); (7) Current and former owners of a Class Vehicle that previously have released their claims against Hyundai

Motor America with respect to the issues raised in the Litigation; (8) Individuals or entities that have purchased and/or leased Class Vehicles as “fleet” vehicles (i.e. rentals or

company vehicles); (9) Any judge to whom this matter is or may be assigned, and his or her immediate family (spouse, domestic

partner, or children). To represent the above class for purposes of the settlement, the Court has appointed Julia Reniger, Greg Battaglia,

Lucia Saitta and Ann Mancuso to serve as the class representatives, and has appointed the law firm of Glancy Prongay & Murray LLP (www.glancylaw.com) to act as Class Counsel.

5. SETTLEMENT BENEFITS. The following description of the settlement benefits and the defined terms used herein are qualified in their entirety by reference to the Class Action Settlement Agreement and Release, a copy of which is on file with the Court and available at www.XXXXXXX.com. Please refer to the complete Class Action Settlement Agreement and Release for a full description of all settlement terms and conditions. The following definitions apply to the summary below:

Campaign 929A Software Update. “Campaign 929A Software Update” means the software update that Hyundai Motor America made available for the Class Vehicles with respect to the 929A Condition, and that was the subject of a customer notice service campaign announced in April 2015 known as “Service Campaign 929A.”

929A Condition. “929A Condition” is a documented stall in a Class Vehicle that does not generate a diagnostic trouble code (“DTC”). Specifically, some vehicle stalls generate a code that is stored in your vehicle’s on-board computer system and that Dealers often note in the repair order. A 929A Condition stall is a stall that does not generate such a code. If your repair order does not identify a particular code or cause for the stall, it will be considered a 929A Condition stall.

334924.1

Effective Date. The “Effective Date” is the date on which the District Court’s approval of the settlement becomes final. Updates on the Effective Date and other deadlines under the settlement will be posted on www.XXXXXXXXX.com.

SUMMARY OF BENEFITS IF SETTLEMENT IS APPROVED

REIMBURSEMENT

PROGRAM FOR OUT OF

POCKET COSTS

Hyundai will reimburse you for reasonable and documented Out-of-Pocket Costs incurred prior to the date of this notice as a result of a stall associated with the 929A Condition. An “Out-of-Pocket Cost” that may be claimed for reimbursement is any of the following costs that are documented and that have not otherwise been reimbursed by insurance, warranty or goodwill:

(a) Costs paid to a Hyundai dealership for a repair associated with a 929A Condition stall;

(b) Diagnostic costs paid to a Hyundai dealership for a stall associated with the 929A Condition;

(c) Third-party towing costs incurred as a result of a 929A Condition stall; (d) Car rental costs incurred as a result of a 929A Condition stall.

Reimbursement for cost categories (c) and (d) are subject to a total $250 maximum reimbursement amount. To obtain reimbursement for an Out-of-Pocket Cost, you must make a Claim by submitting a Claim Form on or before [date] and also provide (a) a Hyundai dealership repair order, invoice or other Hyundai dealership documentation evidencing a stall complaint associated with the 929A Condition, and (b) acceptable proof of an Out-Of-Pocket Cost such as receipts, cancelled checks, credit card statements, costs verifiable, etc. A Claim Form is available at the settlement website, www.XXXXXXXXXX.com.

NEW VEHICLE PURCHASE

/ LEASE INCENTIVE

PROGRAM

Rebate Certificate If you have had at least one documented stall complaint associated with the 929A Condition as of the date of this Class Notice, you may make a claim for a Rebate Certificate. The Rebate Certificate is non-transferrable and can be redeemed for cash after you submit proof that you have purchased or leased a new Hyundai vehicle. The redemption value of the certificate depends on the specific new vehicle you purchase or lease, as follows:

$250 Hyundai Accent

$400 Hyundai Elantra, Elantra GT, Veloster, Sonata (non-hybrid)

$600 Hyundai Tucson, Santa Fe, Sonata Hybrid/Plug-in Hybrid, Genesis Coupe (or its functional equivalent at the time of purchase)

$750

Hyundai Azera, Genesis Sedan (or its functional equivalent at the time of purchase)

$1,000

Equus (or its functional equivalent at the time of purchase)

334924.1

Any dealer or customer incentives that otherwise would be available to you at the time of the new vehicle purchase or lease will remain available notwithstanding availability of the Rebate Certificate. To receive a Rebate Certificate, you must make a Claim by submitting a Claim Form and a Hyundai dealership repair order, invoice or other Hyundai dealership documentation evidencing a stall complaint associated with the 929A Condition not later than one hundred and twenty (120) days after receipt of this Class Notice. A Claim Form is available at the settlement website, www.XXXXXXXXXX.com. The Rebate Certificate is valid for one (1) year from the date it is issued. To redeem the Rebate Certificate after a new Hyundai vehicle purchase or lease, you must submit a Redemption Claim Form and provide documents that evidence the purchase or lease or a new Hyundai vehicle after the Effective Date of the Settlement and prior to the expiration of the Rebate Certificate. A Redemption Claim Form is available at the settlement website, www.XXXXXXXXXX.com. Enhanced Rebate Certificate If you have had at least two documented stall complaints associated with the 929A Condition as of the date of this Class Notice, with at least one documented 929A Condition stall complaint that post-dates receipt of the Campaign 929A Software Update, you may make a claim for an Enhanced Rebate Certificate. The Enhanced Rebate Certificate is non-transferrable and can be redeemed for cash after you submit proof that you purchased or leased a new Hyundai vehicle. The redemption value of the certificate depends on the specific new vehicle you purchase or lease, as follows:

$500 Hyundai Accent

$800 Hyundai Elantra, Elantra GT, Veloster, Sonata (non-hybrid)

$1,200 Hyundai Tucson, Santa Fe, Sonata Hybrid/Plug-in Hybrid, Genesis Coupe (or its functional equivalent at the time of purchase)

$1,500

Hyundai Azera, Genesis Sedan (or its functional equivalent at the time of purchase)

$2,000

Equus (or its functional equivalent at the time of purchase)

Any dealer or customer incentives that otherwise would be available to you at the time of the new vehicle purchase or lease will remain available notwithstanding availability of the Enhanced Rebate Certificate. To receive an Enhanced Rebate Certificate, you must submit a Claim Form and Hyundai dealership repair orders, invoices or other Hyundai dealership documentation evidencing at least two stall complaints associated with the 929A Condition, with at least one documented 929A Condition stall complaint that post-dates receipt of the Campaign 929A Software Update, not later than one hundred and twenty (120) days after receipt of this Class Notice. A Claim Form is available at the settlement website,

334924.1

www.XXXXXXXXXX.com. The Enhanced Rebate Certificate is valid for one (1) year from the date it is issued. To redeem the Enhanced Rebate Certificate after a new Hyundai vehicle purchase or lease, you must submit a Redemption Claim Form and documents that evidence the purchase or lease or a new Hyundai vehicle after the Effective Date and prior to the expiration of the Enhanced Rebate Certificate. A Redemption Claim Form is available at the settlement website, www.XXXXXXXXXX.com.

CAMPAIGN 929A

SOFTWARE UPDATE

The Campaign 929A Software Update (or its functional equivalent) will remain available free of charge for 10 years after the date the Class Vehicles were first put into circulation as “new” vehicles.

6. ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD: To date, Class Counsel has not received any payment for their services in prosecuting the case, nor have they been reimbursed for any out-of-pocket costs. If the Court approves the proposed settlement, Class Counsel will apply to the Court for an award of attorneys’ fees and reimbursement for costs not to exceed $745,000. Class Counsel also will apply to the Court for a service award of $2,500 to the each of the representative Plaintiffs Julia Reniger, Greg Battaglia, Lucia Saitta and Ann Mancuso, for their initiative and effort in pursuing this litigation for the benefit of the class. Any award of attorneys’ fees and expenses and any service award will be paid by Hyundai and will not reduce the benefits available to you under the settlement. You are not personally liable for these attorneys’ fees and costs or the service award. 7. RESULT IF COURT APPROVES SETTLEMENT: If you fall within the class definition and elect to remain in the class, and the settlement is approved, the Court will enter a judgment dismissing the lawsuit with prejudice, and releasing any and all claims that you may have against Hyundai Motor America and Hyundai Motor Company, and their respective subsidiaries and related entities, and every entity involved in the design, development, supply, manufacture, sale, lease, repair, or distribution of the Class Vehicles, and the foregoing entities’ past and present officers, directors, shareholders, predecessors in interest, successors in interest, and employees, including any claim for violations of federal, state, or other law, whether known or unknown, from any and all claims or causes of action that were, or that could have been, asserted by the Plaintiffs or any Class Members regarding the 929A Condition. The settlement and judgment will not release any claims or rights of Class Members who timely and properly request exclusion from the Settlement Agreement, or Class Member claims for personal injury, property damage, or claims for subrogation. 8. YOUR OPTIONS: If you are a member of the class, you have the following options:

(a) PARTICIPATE IN THE SETTLEMENT: If you agree with the proposed Settlement, you need not do

anything to remain the class. You are, however, required to submit a timely claim as set forth herein, or comply with other deadlines as set forth here and in the Class Action Settlement Agreement and Release. For information on the status of settlement approval, applicable deadlines, and other settlement related information, please visit www.XXXXXXXX.com.

If you wish to comment in favor of the Settlement, you may send your comment to Class Counsel: Mark S. Greenstone, Glancy Prongay & Murray LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, (310) 201-9150 (Telephone), [email protected].

(b) REQUEST TO BE EXCLUDED: If you do not want to stay in the Class, then you must send a written notice

of your request to exclude yourself from the Class, postmarked no later than _______ to the following address:

334924.1

Lewis Brisbois Bisgaard & Smith LLP Attn: Eric Y. Kizirian, Esq.

Reniger et al. v. Hyundai Motor America et al. (Request for Exclusion) 633 W. 5th Street, Suite 4000 Los Angeles, California 90071

Your request must be signed by you, include your name and address, and specifically state that you request to be excluded from the Class in Reinger et al. v. Hyundai Motor America et al. If you validly and timely request exclusion from the class, (1) you will be excluded from the class; (2) you will not be entitled to the settlement benefits; (3) you will not be bound by the terms of the settlement, the judgment dismissing the lawsuit, or the release of claims provided by the settlement; and (4) you will not be entitled to object to the proposed settlement or be heard at the fairness hearing described in Paragraph 9 below.

(c) OBJECT TO THE SETTLEMENT: If you are a member of the class and you do not request to be excluded,

you may object to the terms of the settlement or to Class Counsel’s request for attorneys’ fees and costs. You may, but need not, enter an appearance through counsel of your choice, but you will be responsible for your own attorneys’ fees and costs.

If you object to the settlement, you must, on or before ___________: (1) file with the Clerk of the Court of United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102 and (2) serve upon the Class Counsel and Hyundai’s counsel at the addresses listed below, a written objection, including (i) a reference to Reniger et al. v. Hyundai Motor America et al., Case No. 14-cv-03612-CW; (ii) your full name, address and telephone number; (iii) the year, model, and vehicle identification number (VIN) of the Class Vehicle that you own or lease or previously owned or leased; (iv) a written statement of all grounds for the objection accompanied by any legal support for your objection; (v) copies of any papers, briefs, or other documents upon which the objection is based; (vi) a list of all persons who will be called to testify in support of the objection (if any); (vii) a statement of whether you intend to appear at the fairness hearing; and (viii) your signature or if you are represented by counsel, your counsel’s signature. Defendants’ Counsel Lewis Brisbois Bisgaard & Smith LLP Attn: Eric Y. Kizirian, Esq. 633 W. 5th Street, Suite 4000 Los Angeles, California 90071

Class Counsel

Glancy Prongay & Murray LLP Attn: Mark S. Greenstone, Esq. 1925 Century Park East, Suite 2100 Los Angeles, California 90067

To retain your right to appeal from any provision of the order approving the Settlement as fair, reasonable and adequate, the award of incentive payments, or to the award of reasonable attorneys’ fees and expenses awarded to Class Counsel, you must file an objection. If you intend to appear at the fairness hearing through counsel, the objection must also state the identity of all attorneys representing you who will appear at the fairness hearing. Class members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the settlement.

9. FAIRNESS HEARING: On ________________, in Courtroom 2, 4th Floor, Oakland Courthouse, United States District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612, the Honorable Claudia Wilken, United States District Judge, will hold a fairness hearing for the purpose of deciding (a) whether the settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s application for attorneys’ fees and expenses and incentive award for the named Plaintiffs should be granted. The hearing may be

334924.1

postponed, adjourned, or rescheduled by the Court without further notice to the class. You do not need to attend this hearing to remain a member of the class or participate in the settlement. 10. EXAMINATION OF PAPERS FILED IN THE CASE: This notice is a summary and does not describe all details of the settlement. For full details of the matters discussed in this notice, you may wish to review the Class Action Settlement Agreement and Release dated June 2016, on file with the Court, and also available at the settlement website, www.XXXXXXXXXX.com. A complete copy of the Class Action Settlement Agreement and Release, Claim Forms, and all other pleadings and papers filed in the lawsuit are also available for inspection and copying during regular business hours at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102 and at www.XXXXXXXXXXX.com. 11. ADDITIONAL INFORMATION: You can get more information by viewing the settlement website at www.XXXXXXXXXXX.com, or contacting Class Counsel: Mark S. Greenstone, Glancy Prongay & Murray LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, (310) 201-9150 (Telephone), [email protected]. Please include the reference Reniger v. Hyundai Motor America.

PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THIS NOTICE.

BY ORDER OF THE COURT

Dated: ____________ Clerk of the Court

Exhibit C




[PROPOSED] FINAL JUDGMENT

Case No. 4:14-cv-03612-CW 334926.1

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GLANCY PRONGAY & MURRAY LLP Lionel Z. Glancy (#134180) Mark S. Greenstone (#199606) 1925 Century Park East, Suite 2100 Los Angeles, California 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: [email protected] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA JULIA RENIGER, GREG BATTAGLIA, OREN JAFFE, LUCIA SAITTA and ANN MANCUSO, Individually and On Behalf of All Others Similarly Situated,

Plaintiffs,

v. HYUNDAI MOTOR AMERICA, a California corporation, and HYUNDAI MOTOR COMPANY, a foreign corporation,

Defendants.

Case No. 4:14-cv-03612-CW Hon. Claudia Wilken [PROPOSED] FINAL JUDGMENT

[PROPOSED] FINAL JUDGMENT Case No. 4:14-cv-03612-CW

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IT IS on this _____ day of ____________, 2017, HEREBY ADJUDGED AND

DECREED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 58 THAT:

1. The Settlement of Julia Reniger, et al. v. Hyundai Motor America, et al., Case

No. 14-cv-3612-CW, pending in the United States District Court, Northern District of

California (the “Action”), on the terms set forth in the parties’ Class Action Settlement

Agreement and Release, with exhibits (collectively, the “Agreement”), and definitions

included therein1, signed and filed with this Court on _________, 2016, is finally approved.

2. The following class is granted final certification, for settlement purposes only,

under Fed. R. Civ. P. 23(a), (b)(2) and (b)(3): all residents of the United States and the

District of Columbia (excluding U.S. territories), who currently own or lease, or previously

owned or leased, a Class Vehicle that was originally purchased or leased in the United States.

Specifically excluded from the Class are: (1) Hyundai Motor America, its subsidiaries and

affiliates, officers, directors and employees; (2) Insurers of the Class Vehicles; (3) All persons

or entities claiming to be subrogated to the rights of Class Members; (4) Issuers or providers

of extended vehicle warranties or providers of extended service contracts; (5) Individuals

and/or entities who validly and timely opt-out of the Settlement; (6) Consumers or businesses

that have purchased Class Vehicles deemed a total loss (i.e. salvage) (subject to verification

through Carfax or other means); (7) Current and former owners of a Class Vehicle that

previously have released their claims against Hyundai Motor America with respect to the

issues raised in the Litigation; (8) Individuals or entities that have purchased and/or leased

Class Vehicles as “fleet” vehicles (i.e. rentals or company vehicles); (9) Any judge to whom

this matter is or may be assigned, and his or her immediate family (spouse, domestic partner,

1 Capitalized terms used in this order shall have the meaning set forth in the Settlement Agreement unless otherwise indicated.


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or children). The “Class Vehicle(s)” are 2010 through 2012 model year Hyundai Santa Fe

vehicles with 3.5L engines.

3. The dissemination of the Class Notice in accordance with the terms of the

Agreement and this Court’s Preliminary Approval Order, as described in the Settlement

Administrator’s Declaration filed before the Fairness Hearing: (a) constituted the best

practicable notice to Class Members under the circumstances; (b) constituted notice that was

reasonably calculated, under the circumstances, to apprise Class Members of the pendency of

the Action, the terms of the Settlement and their rights under the Settlement, including, but

not limited to, their right to object to any aspect of the proposed Settlement or exclude

themselves from the proposed Settlement and to appear at the Fairness Hearing, and the

binding effect of the Final Orders and this Final Judgment on all persons and entities who did

not request exclusion from the Class; (c) were reasonable and constituted due, adequate and

sufficient notice to all persons entitled to be provided with notice; and (d) met all applicable

requirements of law, including, but not limited to, the Federal Rules of Civil Procedure, 28

U.S.C. § 1715, the United States Constitution (including the Due Process Clause), and the

Rules of this Court, as well as complied with the Federal Judicial Center’s illustrative class

action notices.

4. Only those persons listed in Exhibit A to this Final Judgment have submitted

timely and valid requests for exclusion from the Class and are therefore not bound by this

Final Judgment and the accompanying Final Order Approving Class Action Settlement.

5. The claims in the Action are dismissed on the merits and with prejudice

pursuant to the terms (including the Release) set forth in the Parties’ Agreement and in the

Court’s Final Order Approving Class Action Settlement and Final Order Approving


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Attorneys’ Fees and Expenses and Incentive Awards, without costs to any party except as

provided in these Final Orders.

6. Plaintiffs and Class Members and/or their representatives, and all persons

acting on behalf of, or in concert or participation with Plaintiffs or Class Members (including

but not limited to the Released Parties), who have not been timely excluded from the Class are

hereby permanently barred and enjoined from: (a) filing, commencing, asserting, prosecuting,

maintaining, pursuing, continuing, intervening in, or participating in, or receiving any benefits

from, any lawsuit, arbitration, or administrative, regulatory or other proceeding or order in

any jurisdiction based upon or asserting any of the Released Claims; and (b) bringing an

individual action or class action on behalf of Plaintiff or Class Members, seeking to certify a

class that includes Plaintiff or Class Members, or continuing to prosecute or participate in any

previously-filed and/or certified class action, in any lawsuit based upon or asserting any of the

Released Claims. Pursuant to 28 U.S.C. §§ 1651(a) and 2283, the Court finds that issuance of

this permanent injunction is necessary and appropriate in aid of the Court’s continuing

jurisdiction and authority over the Action.

7. Class Counsel shall take all steps necessary and appropriate to provide Class

Members with the benefits to which they are entitled under the terms of the Agreement and

pursuant to the Orders of the Court.

8. Class Counsel shall be awarded $__________________ in attorneys’ fees and

costs and expenses, which amount is approved as fair and reasonable, in accordance with the

terms of the Agreement.


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9. Plaintiffs Julia Reniger, Greg Battaglia, Lucia Saitta and Ann Mancuso, shall

each be awarded $______________ as an Incentive Award in their capacity as Representative

Plaintiffs in the Action.

10. The case is hereby dismissed. Notwithstanding this dismissal, the Court will

retain continuing jurisdiction over the parties and the Action for the reasons and purposes set

forth in this Final Judgment, the Final Order Approving Class Action Settlement, and the

Final Order Approving Attorneys’ Fees and Expenses and Incentive Awards. Without in any

way affecting the finality of these Final Orders and/or this Final Judgment, this Court

expressly retains jurisdiction as to all matters relating to the administration, consummation,

enforcement and interpretation of the Agreement and of these Final Orders and this Final

Judgment, and for any other necessary purpose. See Kokkonen v. Guardian Life Ins. Co. of

America, 511 U.S. 375, 381-82 (1994).

Dated: _____________, 2017 _________________________________________ THE HONORABLE CLAUDIA ANN WILKEN UNITED STATES DISTRICT JUDGE


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Exhibit A – List of Persons Who Requested Exclusion

Exhibit D




4824-8827-7553.1

REDEMPTION CLAIM FORM

This Rebate Redemption Form should be used to redeem a Rebate Certificate or Enhanced Rebate Certificate following your purchase or lease of a

new Hyundai vehicle.

A. NEW HYUNDAI PURCHASER / LESSEE INFORMATION

B. INFORMATION ON NEW HYUNDAI VEHICLE PURCHASED OR LEASED

Vehicle Model & Model Year:

Vehicle Identification No. (VIN):

Vehicle Purchase / Lease Date

Dealership where vehicle was Purchased

or Leased

Required Documentation: Please submit proof of purchase for your new Hyundai vehicle purchase or lease identified herein. A copy of

the Retail Installment Sales Contract for your vehicle purchase or the lease agreement for your new vehicle lease is sufficient.

C. CERTIFICATE REDEMPTION AMOUNT REQUESTED

Check the appropriate box for the redemption value for the certificate you are redeeming based on the Qualifying New

Vehicle you purchased or leased.

REBATE

CERTIFICATE

ENHANCED

REBATE

CERTIFICATE

QUALIFYING NEW VEHICLE PURCHASE/LEASE

□$250 □$500 Hyundai Accent

□$400 □$800 Hyundai Elantra, Elantra GT, Veloster, Sonata (non-hybrid)

□$600 □$1,200 Hyundai Tucson, Santa Fe, Sonata Hybrid/Plug-in Hybrid, Genesis

Coupe (or its functional equivalent at the time of purchase)

□$750 □$1,500 Hyundai Azera, Genesis Sedan (or its functional equivalent at the

time of purchase)

□$1,000 □$2,000 Equus (or its functional equivalent at the time of purchase)

D. CERTIFICATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury that the information contained in this Rebate Redemption Form and in the documentation supplied with

this Rebate Redemption Form is true and authentic to the best of my knowledge.

/ /

Signature Date

Name:

Address:

City, State, ZIP Code:

Telephone Number (day/evening):

Email Address (if available):

reniger revised sa page 1 with initials may also submit your claim online at . this claim form...

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