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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN RE: AUTOMOTIVE PARTS

ANTITRUST LITIGATION

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Master File No. 12-md-02311

Hon. Marianne O. Battani

IN RE: ALTERNATORS

IN RE: STARTERS

IN RE: IGNITION COILS

IN RE: MOTOR GENERATORS

IN RE: INVERTERS

IN RE: AIR FLOW METERS

IN RE: FUEL INJECTION SYSTEMS

IN RE: VALVE TIMING CONTROL 

DEVICES

IN RE: ELECTRONIC THROTTLE BODIES

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2:13-cv-00702-MOB-MKM

2:13-cv-01102-MOB-MKM

2:13-cv-01402-MOB-MKM

2:13-cv-01502-MOB-MKM

2:13-cv-01802-MOB-MKM

2:13-cv-02002-MOB-MKM

2:13-cv-02202-MOB-MKM

2:13-cv-02502-MOB-MKM

2:13-cv-02602-MOB-MKM

THIS DOCUMENT RELATES TO:

ALL AUTOMOBILE DEALER ACTIONS

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ORDER GRANTING AUTOMOBILE DEALER PLAINTIFFS’ MOTION FOR 

PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT WITH HITACHI 

AUTOMOTIVE SYSTEMS, LTD. AND PROVISIONAL

CERTIFICATION OF SETTLEMENT CLASSES

Upon consideration of Automobile Dealer Plaintiffs’ Motion for Preliminary Approval of 

Proposed Settlement with Defendant Hitachi Automotive Systems, Ltd. (“HIAMS”) and Provisional 

Certification of Settlement Classes (“Motion”), it is hereby ORDERED as follows:

1. The Motion is hereby GRANTED.

2. Unless otherwise set forth herein, defined terms in this Order shall have the same 

meaning ascribed to them in the Settlement Agreement.

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Preliminary Approval of Settlement Agreement

3. The terms of the Settlement Agreement are hereby preliminarily approved, including 

the release contained therein, as being fair, reasonable, and adequate to the Settlement Classes, 

subject to a Fairness Hearing. The Court finds that the Settlement Agreement was entered into at 

arm’s length by experienced counsel and is sufficiently within the range of reasonableness that notice 

of the Settlement Agreement should be given, pursuant to a plan to be submitted by Settlement 

Class Counsel and approved by the Court at a later date as provided in this Order.

Class Certification

4. Pursuant to Federal Rule of Civil Procedure (“Rule”) 23, and in light of the proposed 

settlement, the Court hereby finds that the prerequisites for a class action have been met and 

provisionally certifies the following classes for settlement purposes (“Settlement Classes”):

“Alternators Settlement Class” is defined as:

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Alternators in the United States for resale (i) as a component in a new vehicle 

or (ii) as a stand-alone product. Excluded from the Settlement Class are Defendants, their 

parent companies, subsidiaries and affiliates, any co-conspirators, federal governmental 

entities and instrumentalities of the federal government, states and their subdivisions, 

agencies and instrumentalities, and persons who purchased Alternators directly or not for 

resale. 

“Starters Settlement Class” is defined as: 

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Starters in the United States for resale (i) as a component in a new vehicle or (ii) 

as a stand-alone product. Excluded from the Settlement Class are Defendants, their parent 

companies, subsidiaries and affiliates, any co-conspirators, federal governmental entities and 

instrumentalities of the federal government, states and their subdivisions, agencies and 

instrumentalities, and persons who purchased Starters directly or not for resale. 

“Ignition Coils Settlement Class” is defined as: 

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Ignition Coils in the United States for resale (i) as a component in a new vehicle 

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or (ii) as a stand-alone product. Excluded from the Settlement Class are Defendants, their 

parent companies, subsidiaries and affiliates, any co-conspirators, federal governmental 

entities and instrumentalities of the federal government, states and their subdivisions, 

agencies and instrumentalities, and persons who purchased Ignition Coils directly or not for 

resale. 

“Motor Generators Settlement Class” is defined as: 

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Motor Generators in the United States for resale (i) as a component in a new 

vehicle or (ii) as a stand-alone product. Excluded from the Settlement Class are Defendants, 

their parent companies, subsidiaries and affiliates, any co-conspirators, federal governmental 

entities and instrumentalities of the federal government, states and their subdivisions, 

agencies and instrumentalities, and persons who purchased Motor Generators directly or not 

for resale. 

“Inverters Settlement Class” is defined as: 

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Inverters in the United States for resale (i) as a component in a new vehicle or 

(ii) as a stand-alone product. Excluded from the Settlement Class are Defendants, their 

parent companies, subsidiaries and affiliates, any co-conspirators, federal governmental 

entities and instrumentalities of the federal government, states and their subdivisions, 

agencies and instrumentalities, and persons who purchased Inverters directly or not for 

resale. 

“Fuel Injection Systems Settlement Class” is defined as:

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Fuel Injection Systems in the United States for resale (i) as a component in a 

new vehicle or (ii) as a stand-alone product. Excluded from the Settlement Class are 

Defendants, their parent companies, subsidiaries and affiliates, any co-conspirators, federal 

governmental entities and instrumentalities of the federal government, states and their 

subdivisions, agencies and instrumentalities, and persons who purchased Fuel Injection 

Systems directly or not for resale. 

“Valve Timing Control Devices Settlement Class” is defined as: 

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Valve Timing Control Devices in the United States for resale (i) as a 

component in a new vehicle or (ii) as a stand-alone product. Excluded from the Settlement 

Class are Defendants, their parent companies, subsidiaries and affiliates, any co-conspirators, 

federal governmental entities and instrumentalities of the federal government, states and 

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their subdivisions, agencies and instrumentalities, and persons who purchased Valve Timing 

Control Devices directly or not for resale.

“Air Flow Meters Settlement Class” is defined as:

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Air Flow Meters in the United States for resale (i) as a component in a new 

vehicle or (ii) as a stand-alone product. Excluded from the Settlement Class are Defendants, 

their parent companies, subsidiaries and affiliates, any co-conspirators, federal governmental 

entities and instrumentalities of the federal government, states and their subdivisions, 

agencies and instrumentalities, and persons who purchased Air Flow Meters directly or not 

for resale. 

“Electronic Throttle Bodies Settlement Class” is defined as:

All persons and entities from January 1, 2000, through the Execution Date of this 

Agreement between HIAMS and Automobile Dealership Plaintiffs who: indirectly purchased 

one or more Electronic Throttle Bodies in the United States for resale (i) as a component in 

a new vehicle or (ii) as a stand-alone product. Excluded from the Settlement Class are 

Defendants, their parent companies, subsidiaries and affiliates, any co-conspirators, federal 

governmental entities and instrumentalities of the federal government, states and their 

subdivisions, agencies and instrumentalities, and persons who purchased Electronic Throttle 

Bodies directly or not for resale. 

5. The Court finds that provisional certification of the Settlement Classes is warranted 

in light of the Settlement Agreement because: (a) the Settlement Classes are so numerous that 

joinder is impracticable; (b) Automobile Dealer Plaintiffs’ claims present common issues and are 

typical of the Settlement Classes; (c) Automobile Dealer Plaintiffs and Settlement Class Counsel 

(defined below) will fairly and adequately represent the Settlement Classes; and (d) common issues 

predominate over any individual issues affecting the members of the Settlement Classes. The Court 

further finds that Automobile Dealer Plaintiffs’ interests are aligned with the interests of all other 

members of the Settlement Classes. The Court also finds settlement of this action on a class basis 

superior to other means of resolving the matter.

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Appointment of Settlement Class Counsel

6. The Court hereby appoints Cuneo Gilbert & LaDuca, LLP, Barrett Law Group, 

P.A., and Larson King, LLP as Settlement Class Counsel, having determined that the requirements 

of Rule 23(g) are fully satisfied by this appointment.

7. Each Automobile Dealer Plaintiff class representative named in the Automobile 

Dealers Consolidated Amended Complaints in these actions will serve as Plaintiff class 

representative on behalf of the Settlement Classes.

Notice to Potential Class Members

8. Prior to the Fairness Hearing, Settlement Class Counsel shall provide notice of the 

Settlement Agreement and the Fairness Hearing to all persons affected by and/or entitled to 

participate in the Settlement Agreement in compliance with the notice requirements of Rule 23 and 

due process of law. Such means of providing notice will be addressed in a subsequent Order 

following submission by Automobile Dealer Plaintiffs at a later date of a proposal for notice to the 

Settlement Classes and related forms for notice, claims and distribution (“Notice Motion”).

9. The Notice Motion shall include a proposed form of, method for, and date of 

dissemination of notice and the date on which the notice is mailed shall be the “Notice Date.”

Other Provisions

10. In the event that the Settlement Agreement is terminated in accordance with its 

provisions, the Settlement Agreement and all proceedings had in connection therewith shall be null 

and void, except insofar as expressly provided to the contrary in the Settlement Agreement, and 

without prejudice to the status quo and rights of Automobile Dealer Plaintiffs, HIAMS, and the 

members of the Settlement Classes.

11. The Court’s provisional certification of the Settlement Classes as provided herein is 

without prejudice to, or waiver of, the rights of any Defendants to contest certification of any other 

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class proposed in these coordinated actions. The Court’s findings in this Order shall have no effect 

on the Court’s ruling on any motion to certify any class in these actions or on the Court’s ruling(s) 

concerning any Defendant’s motion; and no party may cite or refer to the Court’s approval of the 

Settlement Classes as persuasive or binding authority with respect to any motion to certify any such 

class or any Defendant’s motion.

12. The Court approves the establishment of nine escrow accounts—one for each of the 

Settlement Classes—under the Settlement Agreement as qualified settlement funds (“QSF”) 

pursuant to Internal Revenue Code Section 468B and the Treasury Regulations promulgated 

thereunder, and retains continuing jurisdiction as to any issue that may arise in connection with the 

formation and/or administration of the QSF. Settlement Class Counsel are, in accordance with the 

Settlement Agreement, authorized to expend funds from the QSF for the payment of the costs of 

notice, payment of taxes, and settlement administration costs.

13. The litigation against Releasees (as defined in the settlement agreement with 

HIAMS), in particular HIAMS, Hitachi Automotive Systems Americas, Inc. and Hitachi, Ltd. is 

stayed except to the extent necessary to effectuate the Settlement Agreement.

Date: April 19, 2015 s/Marianne O. Battani 

MARIANNE O. BATTANI

United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's 

ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on 

April 19, 2015.

s/ Kay Doaks 

Case Manager

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