Plaintiffs’ Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 

Case No. 17-cv-00018-YGR 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

STEVE FERRARI, et al., 

Plaintiffs, 

 vs. 

AUTOBAHN, INC. dba AUTOBAHN 

MOTORS, et al., 

Defendants. 

No. 4:17-cv-00018-YGR

PLAINTIFFS’ NOTICE OF MOTION 

AND MOTION FOR PRELIMINARY 

APPROVAL OF CLASS ACTION 

SETTLEMENT AND CERTIFICATION 

OF SETTLEMENT CLASS 

Date: July 10, 2018 

Time: 2:00 p.m. 

Courtroom: 1 

Judge: Hon. Yvonne Gonzales Rogers 

 

 

Herman Franck, Esq. (SB #123476) 

Elizabeth Betowski, Esq. (SB #245772) 

FRANCK & ASSOCIATES 

910 Florin Road, Suite 212 

Sacramento, CA 95831 

Tel. (916) 447-8400; 

Fax (916) 447-0720 

Janet Varnell, Esq. 

Brian Warwick, Esq. 

Varnell & Warwick, P.A 

Complex Consumer Litigation 

P.O. Box 1870 

Lady Lake, FL 32158 

Telephone: 352-753-8600; 

Fax: 352-504-3301 

bwarwick@varnellandwarwick.com 

ivarnellavarnellandwarwiek.com 

Attorneys for Plaintiffs 

Steve Ferrari, Mike Keynejad et al. 

Case 4:17-cv-00018-YGR Document 136 Filed 05/04/18 Page 1 of 3
Plaintiffs’ Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 

Case No. 17-cv-00018-YGR 

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TO THE COURT AND ALL PARTIES OF RECORD: 

 PLEASE TAKE NOTICE that on July 10, 2018 at 2:00 p.m., or as soon thereafter as 

the matter may be heard, in Courtroom 1, 4th Floor of the United States District Court, Oakland 

Courthouse, located at 1301 Clay Street, Oakland, California, 94612, before the Honorable Yvonne 

Gonzalez Rogers, Plaintiffs Steve Ferrari, Michael Keynejad, Patricia Rubin, John Diaz, Ray Gapasin, 

and Harold Fethe (“Plaintiffs”) will, and hereby do, move the court, pursuant to Federal Rule of Civil 

Procedure 23(e), for an order: 

1. Preliminarily approving the Settlement Agreement (“Settlement” or “Settlement 

Agreement”) they have reached with Defendants Sonic Automotive, Inc. and Autobahn, 

Inc. (collectively the “Autobahn Defendants”) in this matter; 

2. Ordering minor alterations to the settlement administration procedure suggested during 

consultations with a potential settlement administrator. The proposed changes would 

improve the efficiency of the administration process and ensure that the cost of 

administration remains within the limits agreed by the Parties in the Settlement Agreement, 

thereby maximizing the benefit to the Class; 

3. Granting provisional certification of the Class for purposes of settlement only; 

4. Appointing Plaintiffs Steve Ferrari, Michael Keynejad, Patricia Rubin, John Diaz, Ray 

Gapasin, and Harold Fethe to serve as Class Representatives; 

5. Appointing Varnell & Warwick, P.A. and Franck & Associates as Class Counsel; 

6. Approving the Parties’ proposed notice program as set forth in the Settlement and directing 

that notice be disseminated to the Class pursuant to the notice program provided in the 

Settlement; 

7. Approving the Parties’ proposed Claim Form, and approving the procedures set forth in the 

Settlement for Class Members to submit claims, receive vouchers, redeem vouchers, 

receive redemption checks, exclude themselves from the Class, and object to the 

Settlement; 

8. Setting a schedule for the final approval process and for Plaintiffs’ motion for service 

Case 4:17-cv-00018-YGR Document 136 Filed 05/04/18 Page 2 of 3
Plaintiffs’ Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 

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awards to the named plaintiffs and attorneys’ fees and costs; and 

9. Staying all non-settlement related proceedings in this case against the Autobahn 

Defendants, pending final approval of the proposed Settlement. 

10. The Settlement Agreement is attached as Exhibit A. 

11. The Long Form Notice is attached as Exhibit B. 

12. The Short Form Notice is attached as Exhibit C. 

13. The zMAX Claim Form is attached as Exhibit D. 

14. The Proposed Order Granting Preliminary Approval is attached as Exhibit E. 

 The grounds for this motion are that the proposed Settlement is fair, adequate and 

reasonable, and that the other requested relief is well-grounded in law and fact, as set forth in the 

accompanying memorandum of points and authorities. This motion is based on supporting 

memoranda of points and authorities to be submitted June 5, 2018 (35 days in advance of the hearing); 

the pleadings and papers on file in this action, and the oral argument of counsel, if any, to be presented 

at the hearing on this motion. 

DATED: May 4, 2018 Respectfully submitted,

 

 By: /s/ Brian Warwick 

Brian W. Warwick, (Admitted Pro Hac Vice) 

Janet R. Varnell, (Admitted Pro Hac Vice) 

David Lietz (Admitted Pro Hac Vice) 

VARNELL & WARWICK, P.A. 

P.O. Box 1870 

Lady Lake, FL 32158 

Telephone: (352) 753-8600 

Facsimile: (352) 504-3301 

 

Herman Franck, Esq. (SB #123476) 

Elizabeth Betowski, Esq. (SB #245772) 

FRANCK & ASSOCIATES 

910 Florin Road, Suite 212 

Sacramento, CA 95831 

Tel. (916) 447-8400 

Fax (916) 447-0720 

Attorney for Plaintiff 

Steve Ferrari, Mike Keynejad et al.

Case 4:17-cv-00018-YGR Document 136 Filed 05/04/18 Page 3 of 3