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 

Judge Marianne O. Battani 

In re: Windshield Wiper Systems 

In re: Starters 

In re: Fuel Injection Systems 

In re: Spark Plugs 

Case No. 2:13-cv-00903-MOB-MKM 

Case No. 2:13-cv-01103-MOB-MKM 

Case No. 2:13-cv-02203-MOB-MKM 

Case No. 2:15-cv-03003-MOB-MKM 

THIS RELATES TO: 

END-PAYOR ACTIONS 

ORDER GRANTING END-PAYOR PLAINTIFFS’ MOTION 

 FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT 

WITH THE BOSCH DEFENDANTS AND 

PROVISIONAL CERTIFICATION OF SETTLEMENT CLASSES 

Upon consideration of End-Payor Plaintiffs’ Motion for Preliminary Approval of Proposed 

Settlement with Defendants Robert Bosch GmbH and Robert Bosch LLC (together, “Bosch”) 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. 

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. 

4. 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 

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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 

5. 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”): 

“Settlement Classes” include the following: 

The Settlement Agreement defines the “Windshield Wiper Settlement Class” as follows: 

All persons and entities that, from January 1, 2000 through the Execution 

Date, purchased or leased a new Vehicle in the United States not for resale, 

which included one or more Windshield Wiper System(s) as a component 

part, or indirectly purchased one or more Windshield Wiper System(s) as a 

replacement part, which were manufactured or sold by a Defendant, any 

current or former subsidiary of a Defendant, or any co-conspirator of a 

Defendant. 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 Windshield Wiper Systems directly or for resale. 

Settlement Agreement ¶ 13(a).

The Settlement Agreement defines the “Starters Settlement Class” as follows: 

All persons and entities that, from January 1, 2000 through the Execution 

Date, purchased or leased a new Vehicle in the United States not for resale, 

which included one or more Starter(s) as a component part, or indirectly 

purchased one or more Starter(s) as a replacement part, which were 

manufactured or sold by a Defendant, any current or former subsidiary of a 

Defendant, or any co-conspirator of a Defendant. 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 for resale.. 

Settlement Agreement ¶ 13(b). 

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The Settlement Agreement defines the “Fuel Injection Systems Settlement Class” as 

follows: 

All persons and entities that, from January 1, 2000 through the Execution 

Date, purchased or leased a new Vehicle in the United States not for resale, 

which included one or more Fuel Injection System(s) as a component part, 

or indirectly purchased one or more Fuel Injection System(s) as a 

replacement part, which were manufactured or sold by a Defendant, any 

current or former subsidiary of a Defendant, or any co-conspirator of a 

Defendant. 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 for resale. 

Settlement Agreement ¶ 13(c). 

The Settlement Agreement defines the “Spark Plugs Settlement Class” as follows: 

All persons and entities that, from January 1, 2000 through the Execution 

Date, purchased or leased a new Vehicle in the United States not for resale, 

which included one or more Spark Plug(s), Standard Oxygen Sensor(s), or 

Air Fuel Ratio Sensor(s) as a component part, or indirectly purchased one 

or more one or more Spark Plug(s), Standard Oxygen Sensor(s), or Air Fuel 

Ratio Sensor(s) as a replacement part, which were manufactured or sold by 

a Defendant, any current or former subsidiary of a Defendant, or any coconspirator of a Defendant. Excluded from the Settlement Class are 

Defendants, their parent companies, subsidiaries and affiliates, any coconspirators, federal governmental entities and instrumentalities of the 

federal government, states and their subdivisions, agencies and 

instrumentalities, and persons who purchased one or more Spark Plugs, 

Standard Oxygen Sensors, or Air Fuel Ratio Sensors directly or for resale.. 

Settlement Agreement ¶ 13(d). 

6. 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) End-Payor Plaintiffs’ claims present common issues 

and are typical of the Settlement Classes; (c) End-Payor Plaintiffs and Settlement Class Counsel 

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

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

further finds that End-Payor Plaintiffs’ interests are aligned with the interests of all other members 

of the Settlement Classes. The Court also finds settlement of the above-captioned actions 

(“Actions”) on a class basis is superior to other means of resolving the matter. 

Appointment of Settlement Class Counsel 

7. The Court hereby appoints Cotchett, Pitre & McCarthy LLP, Robins Kaplan 

LLP, and Susman Godfrey L.L.P. as Settlement Class Counsel, having determined that the 

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

8. Each End-Payor Plaintiff class representative named in the operative 

complaints in the Actions will serve as an End-Payor Plaintiff class representative on behalf of the 

Settlement Classes. 

Notice to Potential Class Members 

9. 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 End-Payor Plaintiffs at a later date of a proposal for notice to the 

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

10. 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 

11. As more fully set forth in the Settlement Agreement, Bosch agrees to 

cooperate with End-Payor Plaintiffs in connection with the continued prosecution of the Actions. 

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12. 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 End-Payor Plaintiffs, Bosch, and the members 

of the Settlement Classes. 

13. The Court’s provisional certification of the Settlement Classes as provided 

herein is without prejudice to, or waiver of, the rights of any Defendant, including Bosch, to contest 

certification of any other class proposed in the Action. The Court’s findings in this Order shall 

have no effect on the Court’s ruling on any motion to certify any class in the Action 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. 

14. The Court approves the establishment of the Settlement Fund under 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 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. 

15. The litigation against Releasees (as defined in the Settlement Agreement 

with Bosch) is stayed except to the extent necessary to effectuate the Settlement Agreement. 

SO ORDERED. 

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September 29, 2017 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 

September 29, 2017. 

 s/ Kay Doaks 

 Case Manager 

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