UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER GRANTING PRELIMINARY APPROVAL OF THE 

PROPOSED SETTLEMENT WITH MITSUBISHI ELECTRIC DEFENDANTS AND 

PROVISIONAL CERTIFICATION OF DIRECT PURCHASER SETTLEMENT CLASS

Upon consideration of the Direct Purchaser Plaintiff Irving Levine Automotive 

Distributors, Inc.’s (“Plaintiff’) Motion for Preliminary Approval of the Proposed Settlement 

with Mitsubishi Electric Corporation, Mitsubishi Electric US Holdings, Inc., and Mitsubishi 

Electric Automotive America, Inc. (collectively, “Mitsubishi Electric”), and for Provisional 

Certification of a Direct Purchaser Mitsubishi Electric Settlement Class (the “Motion”), it is 

hereby ORDERED as follows:

1. The Motion is hereby GRANTED.

2. Terms used in this Order that are defined in the Mitsubishi Electric Fuel Injection 

Systems Settlement Agreement (hereinafter, the “Settlement Agreement”) are, unless otherwise 

defined herein, used in this Order as defined in the Settlement Agreement.

Preliminary Approval of Settlement Agreement

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

being fair, reasonable, and adequate to the Settlement Class, subject to a fairness hearing. The 

IN RE AUTOMOTIVE PARTS

ANTITRUST LITIGATION

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2:12-md-02311

Honorable Marianne O. Battani

Case No. 2:13-cv-02201-MOB-MKM

IN RE:

FUEL INJECTION SYSTEMS

THIS DOCUMENT RELATES TO:

DIRECT PURCHASER ACTIONS

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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 to members of the proposed Settlement Class, pursuant to a plan to 

be submitted by Settlement Class Counsel to the Court for approval in a separate motion.

Class Certification

4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure 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 class for settlement purposes (the “Settlement 

Class”):

All individuals and entities who purchased Fuel Injection

Systems in the United States directly from one or more

Defendants (or their subsidiaries, affiliates, or joint ventures)

from January 1, 2000 through March 12, 2018. Excluded from the 

Settlement Class are Defendants, their present and former parent 

companies, subsidiaries, and affiliates, federal governmental 

entities and instrumentalities of the federal government, and states 

and their subdivisions, agencies and instrumentalities.

5. For purposes of the Settlement Class definition set forth above, the following 

entities are Defendants: Aisan Industry Co., Ltd; Franklin Precision Industry, Inc.; Aisan 

Corporation of America; Hyundam Industrial Co., Ltd; Hitachi Automotive Systems, Ltd.; 

Hitachi Automotive Systems Americas, Inc.; Hitachi, Ltd.; Denso Corporation; Denso 

International America, Inc.; Denso International Korea Corporation; Keihin Corporation; Keihin 

North America, Inc.; Maruyasu Industries Co., Ltd.; Mikuni Corporation; Mikuni American 

Corporation; Mitsuba Corporation; American Mitsuba Corporation; Mitsubishi Electric 

Corportion; Mitsubishi Electric US Holdings, Inc.; Mitsubishi Electric Automotive America, 

Inc.; Robert Bosch GmbH; Bosch Electrical Drives Co., Ltd., and Robert Bosch LLC.

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6. The Court finds that provisional certification of the Settlement Class is warranted 

in light of the Settlement Agreement because: (a) the Settlement Class is so numerous that 

joinder is impracticable; (b) the Direct Purchaser Plaintiff Class representative’s (identified 

below) claims present common issues and are typical of the Settlement Class; (c) the Direct 

Purchaser Plaintiff Class representative and Settlement Class Counsel (identified below) will 

fairly and adequately represent the Settlement Class; and (d) common issues predominate over 

any individual issues affecting the members of the Settlement Class. The Court further finds that 

the Direct Purchaser Plaintiff Class representative’s interests are aligned with the interests of all 

other members of the Settlement Class. The Court also finds settlement of this action on a class 

basis superior to other means of resolving the matter.

Appointment of Class Representatives and Settlement Class Counsel

7. The Court hereby appoints Plaintiff Irving Levine Automotive Distributors, Inc.

to serve as Class Representative for the Direct Purchaser Settlement Class.

8. The Court hereby appoints the law firms of Freed Kanner London & Millen LLC, 

Kohn, Swift & Graf, P.C., Preti, Flaherty, Beliveau & Pachios LLP, and Spector Roseman & 

Kodroff, P.C. to serve as Settlement Class Counsel for the Settlement Class having determined 

that the requirements of Rule 23(g) of the Federal Rules of Civil Procedure are fully satisfied by 

these appointments. 

Other Provisions

9. 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, 

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and without prejudice to the status quo and rights of the Direct Purchaser Plaintiff, Mitsubishi 

Electric, and the members of the Settlement Class.

10. The Court’s provisional certification of the Settlement Class as provided herein is 

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

other 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 rulings concerning any Defendant’s motion, and no party may cite or refer to the Court’s 

approval of the Settlement Class as persuasive or binding authority with respect to any motion to 

certify any such class or any Defendant’s motion.

11. The Court approves the escrow account referenced in the Settlement Agreement 

as a qualified settlement fund (“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 or administration of the QSF. Settlement Class 

Counsel are authorized to use funds from the QSF in accordance with the Settlement Agreement, 

including to pay costs of notice, taxes, tax expenses, and costs of maintaining and administering 

the Settlement Fund. 

12. The Direct Purchaser Class litigation against Mitsubishi Electric is stayed except 

to the extent necessary to effectuate the Settlement Agreement.

IT IS SO ORDERED.

Date: September 25, 2018 s/Marianne O. Battani 

MARIANNE O. BATTANI

United States District Judge

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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 

September 25, 2018.

s/ Kay Doaks 

Case Manager

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