dhanson865 said:He's British so he speaks in a rambling not concise manner
Oy! A bit racist!
We're not all fucking Hugh Grant.
:lol:
Better put a smiley in there, so you know I'm not serious. Though I am, a bit.
dhanson865 said:He's British so he speaks in a rambling not concise manner
mwalsh said:dhanson865 said:He's British so he speaks in a rambling not concise manner
Oy! A bit racist!
We're not all fucking Hugh Grant.
:lol:
Better put a smiley in there, so you know I'm not serious. Though I am, a bit.
oakwcj said:The plaintiffs, Nissan, and the objectors -- including Judge Kozinski -- have reached an agreement to amend the original settlement agreement. The agreement still needs to be reduced to writing and submitted to the judge for approval.
mwalsh said:Here is a copy of the actual Request to Lift Stay:
https://www.dropbox.com/s/a03qgppnd5o3uj3/122%20-%20Joint%20REQUEST%20to%20Lift%20Stay.pdf?dl=0" onclick="window.open(this.href);return false;
An order granting the request was made by Judge Tashima the next day.
Once the stay is lifted, the parties in tend to submit the proposed opt-out notice and a proposed schedule for presenting the Settlement, as amended, to the Court for approval, including the deadline to file a renewed motion for final approval of class action settlement and related briefing
Valdemar said:I moved since the original mailer, how to I make sure they have my new address on file? I did update Carwings, but I suspect it is not where they get the addresses from for the opt-out notices.
mwalsh said:Valdemar said:I moved since the original mailer, how to I make sure they have my new address on file? I did update Carwings, but I suspect it is not where they get the addresses from for the opt-out notices.
I would imagine (though I'm just guessing) that the default action would be opt-in again by inactivity, just as it was with the original. If you intend to opt-out again, I can't imagine the new opt-out notice won't be posted here in it's entirety. So I wouldn't worry about whether or not you get a mailed copy of the new notice. Getting any settlement mailings however (settlement checks/No Charge to Charge cards, etc...) will be an entirely different story, and you'll have to make sure, somehow, they know your new mailing address, but I wouldn't necessarily worry about that bridge until you need to cross it.
Valdemar said:Thanks, I plan to opt-out.
________________
'11 SL
-1CB@33k/21mo,
-2CB@53k/33mo,
66k miles and counting.
Valdemar said:mwalsh said:Here is a copy of the actual Request to Lift Stay:
https://www.dropbox.com/s/a03qgppnd5o3uj3/122%20-%20Joint%20REQUEST%20to%20Lift%20Stay.pdf?dl=0" onclick="window.open(this.href);return false;
An order granting the request was made by Judge Tashima the next day.
Thanks.
Once the stay is lifted, the parties in tend to submit the proposed opt-out notice and a proposed schedule for presenting the Settlement, as amended, to the Court for approval, including the deadline to file a renewed motion for final approval of class action settlement and related briefing
I moved since the original mailer, how to I make sure they have my new address on file? I did update Carwings, but I suspect it is not where they get the addresses from for the opt-out notices.
26. Under the Notice plan, Nissan will provide the Settlement
Administrator, Kurtzman Carson Consultants LLC, with Vehicle Identification
Numbers of all Class Vehicles, from NNA’s own databases. Using this Vehicle
Identification Number information, the Settlement Administrator will obtain
address data for the Settlement Class from a third-party, such as R.L. Polk, that
maintains databases related to the automobile industry and which specializes in
obtaining such information from, inter alia, the Departments of Motor Vehicles
of all 50 States in the United States and its territories, including Puerto Rico.
The Settlement Administrator will review the address data provided by NNA
and/or any third-party vendor, check addresses for validity, eliminate
duplications and process the addresses through the National Change of Address
database for the purpose of updating the addresses. The Settlement Administrator
shall utilize skip-trace or other searches, in addition to the United States Postal
Service to attempt, on a one-time basis, to secure updated addresses for any
Settlement Class Member whose Notice is returned as undeliverable and resend
the Notice to the updated address.
16. If all Class Vehicles require a battery replacement the total maximum value of the settlement would be $206,326,800 (18,588 * $11,100).
12. The most recent information that I reviewed was an article
published in June 2013 discussing projected reductions in the cost of these
batteries. Based on this article the cost of the Lithium-ion battery used in the
Nissan Leaf was expected to have come down from $18,000 in 20101 to $9,600
in 2013?
13. I have used the $9,600 estimate of the battery cost in my analysis.
14. In addition to the cost ofthe battery itself, there are also labor costs
associated with the repair and/or replacement of the battery. These have been
estimated at $1,500 based on the reimbursable cost to dealers as detailed in
Nissan Claims Information Bulletin WBI/13-015, dated May 30, 2013
{NNA004167}.
The request to lift the stay indicates that those that validly Opted Out will be given an opportunity to Opt Back In to the revised settlement.Valdemar said:davewill said:I suspect you'll have another opportunity given the new settlement.Valdemar said:Too bad I didn't opt out, had other priorities at the time and it slipped through the cracks. Does it mean I shouldn't even try small claims court?
Sounds too easy, but I won't miss the opportunity this time if this actually happens.
leafkabob said:All interesting reading. My apologies if these docs were previously discussed or linked to.
Here is that quote. The person saying it is the lawyer for plaintiffs. Of course he wants to assure the court that manipulation can't occur. You'll notice that a Nissan rep is not making the statement in a sworn declaration.mwalsh said:Aside from this, there is another doozy on page 9, with a senior Nissan manager under oath saying that it would be nearly "impossible for a dealer technician to manipulate the vehicle's battery capacity gauge or install a new program that would show a different battery capacity than that of the vehicle's actual battery"! Well, we all know that's not true, even if resetting it is only temporary. Six months is plenty of time to get out of giving someone warranty coverage!
I really don't know why I didn't pay more attention to this filing. I probably should have.
20. Plaintiffs’ Counsel also undertook a rigorous analysis of the
Settlement’s responsiveness to Class Members’ concerns about the LEAF battery
life as expressed on blogs and in Internet message boards. For example, Class
Members were concerned about manipulation of the battery capacity gauge by
dealers or third parties to avoid the capacity warranty. To that end, Plaintiffs’
Counsel sought and obtained a detailed declaration under oath from a senior
manager responsible for the Nissan LEAF who concluded that it would be nearly
“impossible for a dealer technician to manipulate the vehicle’s battery capacity
gauge or to install a new program that would show a different battery capacity
than that of the vehicle’s actual battery.”
But the quote is Mike's guess.Valdemar said:A new opt out notice is mentioned in the quote I pasted above. I guess we just have to wait and see.
TimLee said:Of course, the court could elect to make it an option for everyone, instead of what the plaintiffs, Nissan, and the objectors have asked for in the filing to lift the stay.
Sounds like our attorney may be a little confused, as are many LEAF owners...mwalsh said:Urgh! ...
it says that "in essence, the new battery warranty upholds it's (Nissan's) promise of no more than 10-20% battery capacity loss over the first 5 years...". Except that would only be 1 capacity bar loss, approaching 2, not "above 9 bars" as the original settlement had offered in it's worst cases...
I don't think Nissan is likely to say much more, as its primary goal in settling this case seems to be to never have to reveal actual capacity loss data....Nissan determined to restore capacity to only 9 bars (or
approximately 70% capacity)...
91040 said:The original service manual had a chart that listed the capacity loss range indicated by each capacity bar. That chart was removed in a later revision. Though I do not have a copy of it, it was posted on this forum and surely there are forum members who have it.
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