{00186354 }

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER GRANTING PRELIMINARY APPROVAL OF 

PROPOSED SETTLEMENT WITH MITSUBA DEFENDANTS AND PROVISIONAL

CERTIFICATION OF DIRECT PURCHASER SETTLEMENT CLASS

Upon consideration of the Direct Purchaser Plaintiff’s Motion for Preliminary Approval 

of Proposed Settlement with the MITSUBA Defendants, and for Provisional Certification of a 

Direct Purchaser MITSUBA 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 MITSUBA 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 

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 

IN RE AUTOMOTIVE PARTS 

ANTITRUST LITIGATION

:

:

:

:

:

:

:

:

:

:

:

2:12-md-02311

Honorable Marianne O. Battani

Case No. 2:13-cv-02301-MOB-MKM

Case No. 2:15-cv-11829-MOB-MKM

IN RE POWER WINDOW MOTORS

THIS DOCUMENT RELATES TO:

DIRECT PURCHASER ACTION

Case 2:13-cv-02301-MOB-MKM ECF No. 64 filed 10/18/18 PageID.570 Page 1 of 4
 

2

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 Power Window Motors 

in the United States directly from one or more Defendants (or their 

subsidiaries, affiliates, or joint-ventures) from January 1, 2000 

through the Execution Date. 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: Denso Corporation; Denso International America, Inc.; Denso 

International Korea Corporation; ASMO North America, LLC, ASMO North Carolina, Inc.; 

MITSUBA Corporation; American Mitsuba Corporation; Robert Bosch GmbH; Bosch Electrical 

Drives Co., Ltd., and Robert Bosch LLC.

6. The Court finds that provisional certification of the MITSUBA 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 

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 

Case 2:13-cv-02301-MOB-MKM ECF No. 64 filed 10/18/18 PageID.571 Page 2 of 4
 

3

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 Representative and Settlement Class Counsel

7. The Court hereby appoints Plaintiff All European Auto Supply, Inc. to serve as a 

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 MITSUBA 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, 

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

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 

Case 2:13-cv-02301-MOB-MKM ECF No. 64 filed 10/18/18 PageID.572 Page 3 of 4
 

4

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 the MITSUBA Defendants is stayed 

except to the extent necessary to effectuate the Settlement Agreement.

IT IS SO ORDERED.

Date: October 18, 2018 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 

October 18, 2018.

s/ Kay Doaks 

Case Manager

Case 2:13-cv-02301-MOB-MKM ECF No. 64 filed 10/18/18 PageID.573 Page 4 of 4