Did you send in the "Opt-Out" letter?

Yes I have sent it, as I do not wish to be part of this civil class action
57%
62
No, I will remain in the class action
43%
46
 
Total votes: 108
TimLee
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 9:20 am

oakwcj wrote:The settlement approval hearing was held this morning. The judge has taken the request to approve the settlement under submission. Only one of those filing an objection to the settlement was represented by counsel. His name is Alex Kozinski. An Alex Kozinski [aka "the big Kozinski"] is the Chief Judge of the Ninth Circuit Court of Appeals. He submitted a well-written, colorful, and persuasive objection. Judge Kozinski is also known for writing colorful opinions. LEAF owner Kozinski lives in Rancho Palos Verdes. So does Judge Kozinski. If anyone on this forum attended the hearing this morning, I'd really like to know more about Mr. Kozinski.
The big news is Judge Kozinski's objection.
But any information on how many people opted out and also how many objected :?:

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keydiver
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 9:51 am

oakwcj wrote: BTW, his LEAF's name is Pearl.
Hey! That's my Leaf's name too! :D
Wow, that's some serious reading. Very well presented objection! After 23 months/21,000 miles, I'm at <80% capacity, so I for one am hopeful that I'll be able to take advantage of a free battery replacement, especially if its the new heat-tolerant chemistry. I don't think I need this class action lawsuit for that.
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oakwcj
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 10:33 am

TimLee wrote:
oakwcj wrote:The settlement approval hearing was held this morning. The judge has taken the request to approve the settlement under submission. Only one of those filing an objection to the settlement was represented by counsel. His name is Alex Kozinski. An Alex Kozinski [aka "the big Kozinski"] is the Chief Judge of the Ninth Circuit Court of Appeals. He submitted a well-written, colorful, and persuasive objection. Judge Kozinski is also known for writing colorful opinions. LEAF owner Kozinski lives in Rancho Palos Verdes. So does Judge Kozinski. If anyone on this forum attended the hearing this morning, I'd really like to know more about Mr. Kozinski.
The big news is Judge Kozinski's objection.
But any information on how many people opted out and also how many objected :?:
AFAIK, the number of people opting out hasn't been disclosed. When I looked through the document list, I saw 6-10 objections, but the only one I accessed and read was Kozinski's. The original judge assigned to the case recused himself after Kozinski filed his objection, probably because they have known each other for a long time. The new judge is Beverly Reid O'Connell, who was appointed by Obama and confirmed by the Senate earlier this year. She was a Superior Court Judge in L.A. County for about 15 years, but I had never heard of her until yesterday. The only thing I can be sure of is that she will handle this case very carefully.
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TimLee
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 11:22 am

oakwcj wrote:AFAIK, the number of people opting out hasn't been disclosed. When I looked through the document list, I saw 6-10 objections, but the only one I accessed and read was Kozinski's.
Do you have a link to the document list, or do you have access to the list from somewhere inside the court documents firewall :?:
Surely if this was the hearing to approve the tentative settlement, there had to be some document that detailed the number of people that opted out :?: Beyond a certain level of people opting out the settlement would not be considered a class :?:

Tim Lee
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oakwcj
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 12:02 pm

TimLee wrote:
oakwcj wrote:AFAIK, the number of people opting out hasn't been disclosed. When I looked through the document list, I saw 6-10 objections, but the only one I accessed and read was Kozinski's.
Do you have a link to the document list, or do you have access to the list from somewhere inside the court documents firewall :?:
Surely if this was the hearing to approve the tentative settlement, there had to be some document that detailed the number of people that opted out :?: Beyond a certain level of people opting out the settlement would not be considered a class :?:
All of the Federal Courts are part of the electronic filing system, known as PACER. Anyone can open an account and access the documents for 10 cents a page. If your balance is under $15 for a calendar quarter, the fee is waived. You can sign up at http://www.pacer.gov. The Central District of California records can be accessed from:

https://ecf.cacd.uscourts.gov/cgi-bin/ShowIndex.pl

The case number is CV12-08238.

I believe that the names of those who opted out are only made available to counsel, although I'm not sure about that. Nissan has the option to back out if more than 5% of the class opts out, but they are fighting to have the settlement approved, so I'm pretty sure the opt-out number is below the magic 900+ number.
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TimLee
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 1:27 pm

oakwcj wrote:All of the Federal Courts are part of the electronic filing system, known as PACER. Anyone can open an account and access the documents for 10 cents a page. If your balance is under $15 for a calendar quarter, the fee is waived. You can sign up at http://www.pacer.gov. The Central District of California records can be accessed from:

https://ecf.cacd.uscourts.gov/cgi-bin/ShowIndex.pl

The case number is CV12-08238.

I believe that the names of those who opted out are only made available to counsel, although I'm not sure about that. Nissan has the option to back out if more than 5% of the class opts out, but they are fighting to have the settlement approved, so I'm pretty sure the opt-out number is below the magic 900+ number.
Thanks :!: Extremely helpful :!:
If only 6 - 10 people objected, I'm afraid you are probably correct that <900+ people opted out. :cry:

Tim Lee
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Tue Nov 19, 2013 1:40 pm

1) Outstanding objection which puts the "settlement" in the proper light
2) Glad I opted out of the class
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Wed Nov 20, 2013 6:43 pm

I emailed Judge Kozinski's wife for information about the hearing on Monday. She told me that she hadn't attended the hearing, but that Nissan claimed that if the settlement were approved it planned to withdraw the protections of the enhanced warranty from class members who opted out of the settlement. I personally think this is a bluff. Judge Kozinski filed a short supplemental brief today arguing that Nissan cannot pull the warranty for various reasons, including certain provisions of the Uniform Commercial Code. Judge Kozinski said that the newly assigned judge was clearly up to speed on the issues.

Judge Kozinski's wife referred me to a Reuters article about the case:

http://blogs.reuters.com/alison-frankel ... -objector/
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Wed Nov 20, 2013 7:21 pm

This is completely fascinating. I'm so glad that the Judge is on our side.

I don't see how Nissan can withdraw the warranty protections for those who opted out - their notification for the warranty makes NO reference of it being the result of a class action settlement. I'd be willing to sue them again just based on that (and will, if necessary!)
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Re: Form Letter to "Opt Out" of the Nissan Class Action by O

Wed Nov 20, 2013 7:36 pm

Thank you, Mike. The following caught my attention. Anyone would want to hazard a guess if this figure refers to all opt-outs?
Alison Frankel wrote:(A previous version of the story erroneously said there were 134 objectors. There were 13.)
Oh, and here is Nissan's response to the objection letter. It's worth noting that this thread has seen significant traffic from Sedgwick LLP, Nissan's counsel in this case.

http://blogs.reuters.com/alison-frankel ... zinski.pdf" onclick="window.open(this.href);return false;
Last edited by surfingslovak on Wed Nov 20, 2013 7:40 pm, edited 1 time in total.

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