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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In Re: AUTOMOTIVE PARTS ANTITRUST 

LITIGATION

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CASE NO. 12-md-02311

Honorable Marianne O. Battani

In Re: AIR CONDITIONING SYSTEMS

In Re: ALTERNATORS

In Re: ANTI-VIBRATION RUBBER PARTS

In Re: AUTOMOTIVE HOSES

In Re: BEARINGS

In Re: BRAKE HOSES

In Re: CERAMIC SUBSTRATES

In Re: EXHAUST SYSTEMS

In Re: FUEL INJECTION SYSTEMS

In Re: FUEL SENDERS

In Re: HEATER CONTROL PANELS

In Re: IGNITION COILS

In Re: OCCUPANT SAFETY SYSTEMS

In Re: POWER WINDOW MOTORS

In Re: RADIATORS

In Re: SHOCK ABSORBERS

In Re: SMALL BEARINGS

In Re: STARTERS

In Re: SWITCHES

In Re: VALVE TIMING CONTROL DEVICES

In Re: WINDSHIELD WASHER SYSTEMS

In Re: WINDSHIELD WIPER SYSTEMS

In Re: WIRE HARNESS SYSTEMS

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Case No. 2:13-cv-02701

Case No. 2:17-cv-12540

Case No. 2:13-cv-00701

Case No. 2:15-cv-11828

Case No. 2:15-cv-13634

Case No. 2:13-cv-00801

Case No. 2:16-cv-14057

Case No. 2:15-cv-03201

Case No. 2:16-cv-10001

Case No. 2:12-cv-00501

Case No. 2:15-cv-12068

Case No. 2:15-cv-13932

Case No. 2:16-cv-03601

Case No. 2:16-cv-14245

Case No. 2:16-cv-03801

Case No. 2:17-cv-13785

Case No. 2:16-cv-03701

Case No. 2:16-cv-13968

Case No. 2:13-cv-02201

Case No. 2:15-cv-13423

Case No. 2:12-cv-00301

Case No. 2:12-cv-00401

Case No. 2:13-cv-01401

Case No. 2:15-cv-11830

Case No. 2:12-cv-00601

Case No. 2:16-cv-10002

Case No. 2:13-cv-02301

Case No. 2:15-cv-11829

Case No. 2:13-cv-01001

Case No. 2:17-cv-13147

Case No. 2:15-cv-03301

Case No. 2:16-cv-13616

Case No. 2:17-cv-04201

Case No. 2:15-cv-13945

Case No. 2:17-cv-10853

Case No. 2:13-cv-01101

Case No. 2:13-cv-01301

Case 2:13-cv-02201-MOB-MKM ECF No. 68 filed 08/20/18 PageID.560 Page 1 of 5
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Case No. 2:17-cv-12338

Case No. 2:13-cv-02501

Case No. 2:17-cv-13158

Case No. 2:13-cv-02801

Case No. 2:13-cv-00901

Case No. 2:12-cv-00101

Case No. 2:14-cv-13773

THIS DOCUMENT RELATES TO:

ALL DIRECT PURCHASER ACTIONS

ORDER GRANTING DIRECT PURCHASER PLAINTIFFS’ MOTION TO DIRECT 

DEFENDANTS TO IDENTIFY SETTLEMENT CLASS MEMBERS FOR MAILING 

NOTICE OF FUTURE SETTLEMENTS

This matter is currently before the undersigned, Special Master in the above-referenced 

matters. Direct Purchaser Plaintiffs filed a Motion to Direct Defendants to Identify Settlement 

Class Members for Mailing Notice of Future Settlements. After due consideration of the briefs 

and argument at the hearing on July 16, 2018, it is hereby

ORDERED that the motion is GRANTED as more fully provided below, in the above 

captioned Direct Purchaser Actions. It is Ordered that:

(A) Except for any Defendants with pending motions to dismiss for lack of personal 

jurisdiction, Defendants in the pertinent part shall use reasonable efforts to furnish the following 

information to Plaintiffs’ Interim Co-Lead Counsel, within the earlier of: (1) 60 days of the date 

of filing of a motion for preliminary approval of a settlement in a case relating to the pertinent 

part; or (2) 60 days of receiving emailed notice that Direct Purchaser Plaintiffs have executed a 

settlement agreement with a Defendant (which need not be identified) in the pertinent part, 

including a reminder to produce the information and the product definition and settlement class 

period from the settlement agreement: The names and addresses of all persons or entities who 

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directly purchased in the United States from Defendants or their affiliates the relevant 

automotive part or parts during the settlement class period; 

(B) To the extent possible, the purchaser information should be provided in an 

electronic format;

(C) Plaintiffs’ Interim Co-Lead Counsel shall treat the information produced by 

Defendants as “Highly Confidential -- Outside Attorneys Only” pursuant to the protective order, 

if any, governing the exchange of confidential information entered by the Court in the pertinent 

part, or in the absence of such an order, as provided in the Stipulation and Protective Order 

Governing the Exchange of Confidential Information in the Wire Harness Direct Purchaser 

Action (ECF No. 200 in Case No. 2:12-cv-00101-MOB) (“Protective Order”), shall not use the 

information for any purpose other than to provide notice concerning the settlement as approved 

by the Court, and shall not disclose the information to anyone outside of Direct Purchaser 

Plaintiffs’ Interim Co-Lead Counsel’s and Interim Liaison Counsel’s law firms, except to the 

Court in camera or under seal or to vendors selected to assist in the preparation and 

dissemination of the Court-approved notice, subject to any such vendor agreeing to be bound by 

the Protective Order by executing Exhibit A to the Protective Order;

(D) Defendants who have not provided their customer information within the required

time shall notify of the Court of the reason for the delay; and

(E) Defendants’ production of this information shall be without prejudice and shall 

not be construed as an admission of any fact or legal conclusion including, by way of example 

and not limitation, that any Defendant is subject to the personal jurisdiction of the Court or that 

any claim is not subject to arbitration.

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(F) The parties may appeal this Order to the Hon. Marianne O. Battani by filing an 

Objection within 21 days of this Order’s entry in accordance with the provisions of the Court’s 

Order Appointing a Master dated August 29, 2014 (ECF No. 792).

DATED: August 20, 2018

/s/ Gene J. Esshaki 

Gene J. Esshaki (P 24325) 

Special Master

300 River Place, Suite 3000

Detroit, Michigan 48207-4225

(313) 566-2500; (313) 566-2502

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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 nonECF participants on August 20, 2018.

s/ Kay Doaks

Case Manager

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