View Single Post
      01-03-2020, 10:55 PM   #289
sjbender
Private First Class
sjbender's Avatar
United_States
141
Rep
145
Posts

Drives: '01 E46, '13 F10 (TC failed)
Join Date: Dec 2015
Location: Delaware

iTrader: (0)

Settlement REQUEST from original filed complaint

This is what the filed class action suit is requesting as relief. It does not mean that this will be awarded. Could be less, could be more BUT it has to be addressed. 2/14/2020 is the new hearing date.

RELIEF DEMANDED
Wherefore, proposed class representative request:
(a) A proposed Order pursuant to Fed. R. Civ. P. 23(c) certifying the class and/or subclass as defined in ¶ 19 with such modifications, if any, to the proposed certification as required by the Court for the efficient and equitable administration of justice in this proceeding;
(b) An Order appointing proposed class representative as representative of the proposed class and designating the law firms of Kantrowitz, Goldhamer & Graifman, P.C. and Thomas P. Sobran P.C. as counsel for the proposed class pursuant to Fed. R. Civ. P. 23(g);
(c) Judgment for proposed class representative and proposed class members against the defendants on all issues and counts;
(d) Damages for proposed class representative and proposed class members, including but not limited to multiple damages, together with interest, prejudgment interest, costs and attorneys’ fees;
(e) Restitution for all engine repairs incurred by proposed class representative and proposed class members resulting from the defectively designed and manufactured chain primary and secondary chain assemblies and incorrect maintenance and service intervals as set forth in the class vehicles’ owner’s manuals;
(f) Restitution of incidental expenses incurred by proposed class representative and proposed class members, including but not limited to rental vehicles and other substitute transportation;
(g) A Court issued declaratory judgment declaring that all class vehicle claims caused by their defective chain assemblies are within the scope of the class vehicles’ warranty coverage; and,
(h) Any other relief deemed necessary by the Court.
Appreciate 2