Approved!

Airpizz6

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Now TDI-free, but there now is a 15 MB E250 BT in the driveway
What time did Judge Breyer approve it? 0630 before anyone was awake? Probably the best way to handle it. Now we have to see what he approved.

Well, read the document and EVERY objection was discussed and OVERRULED with detailed rationale. Can see why it took an extra week to finalize this.

Now let's get on with it.
 
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derekmw

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Basically with all the objections listed, it comes down to this statement:

In light of the foregoing analysis, the Court finds final approval is appropriate. The number of objections is small, and their substance does not call into doubt the Settlement’s fairness. The Churchill factors support final approval, and the Bluetooth factors do not suggest collusion. Thus, even under heightened scrutiny, the Court concludes the Settlement is fair, adequate, and reasonable.
 

TDIinMA

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saggii

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I like the fact that the Judge took all the objections and tried to provide reasons for the settlement.

One of the more widely discussed objection -
"Many Class Members objected to the use of mileage adjustments. Specifically, Class
Members oppose the downward adjustment in the Vehicle Value for high mileage, i.e., mileage
that exceeds the allowed 12,500 miles per year. They contend the Eligible Vehicles were designed
to drive long distances and were promoted for their excellent gas mileage. (Dkt. No. 1976 at 10.)
Relying on this representation, Class members drove their vehicles long distances. (Id.)
Class Members who frequently drove their vehicles undeniably got more use out of them,
and, quite simply, mileage affects a vehicle’s value. A vehicle with high mileage is worth less
than a vehicle with low mileage. Indeed, this notion is reflected in federal and state laws, which
allow a reduction in a consumer’s recovery based on his or her use of the vehicle." See page 30 for more details
 

atomicfront

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baltimore
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Yeah and this: "The Class Definition requires Class
Members to have owned or leased their Eligible Vehicles on September 18, 2015. (See Dkt. No.
1685 ¶ 2.16.) Thus, these individuals are not Class Members, and the Court need not consider
their objections. See San Francisco NAACP v. San Francisco Unified Sch. Dist., 59 F. Supp. 2d
1021, 1032 (N.D. Cal. 1999) (“[N]onclass members have no standing to object to the settlement of
a class action.”). "

So if you sold your vehicle before Sept 18, 2015 you aren't part of the class members so why are you here bothering me.
 

derekmw

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Yeah, and how because standard mileage is 12,000, but this settlement compensation allows for 12,500, it is 'generous'. lol
 

derekmw

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Most leases are 10k miles a year. Seems generous to me.
Leases have nothing to do with it. It's about what the national average for miles driven:

"12,500 miles of driving
per year for each vehicle—an allowance that was negotiated—is more generous than the average
driver’s estimated annual mileage of approximately 12,000 miles"
 

phrinda

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89 pages. That's going to take some reading.
Yeah, I glanced through the document. It has a lot of words. He does a really good job explaining why we overruled the objections that were brought up in the last hearing.
 

saggii

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No longer - Jetta(s), A6
Well the summary is - settlement is thus approved in its current form, for many objections court favored for non objecting silent parties since they are very high in number and they will delay the settlement, VW to get money in 10 days. So overall everything what we expected of it.
For me tax remains the only issue that I now need to take up with the state. That is another topic though.
 

Jimmy Coconuts

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Leases have nothing to do with it. It's about what the national average for miles driven:
"12,500 miles of driving
per year for each vehicle—an allowance that was negotiated—is more generous than the average
driver’s estimated annual mileage of approximately 12,000 miles"
I think the FHWA estimates average annual vehicle miles nationwide at 13,500, so the settlement is not that bad.
 

atomicfront

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baltimore
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It's approved but watch VW be professionals at dragging their feet and move like slugs to get this moving SMH
I doubt that. The longer they delay the more people they have to pay to work on this. They said support line has already received 100,000 calls. The more cars they buy back the sooner they can start getting rid of employees.
 

atomicfront

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baltimore
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Leases have nothing to do with it. It's about what the national average for miles driven:
"12,500 miles of driving
per year for each vehicle—an allowance that was negotiated—is more generous than the average
driver’s estimated annual mileage of approximately 12,000 miles"
Warranty is based on 12,000 miles a year?
 

derekmw

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San Diego
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I think the FHWA estimates average annual vehicle miles nationwide at 13,500, so the settlement is not that bad.
It's not bad, just not generous either.

But I get the logic. Adding proof of mileage at Sept 2015, as some suggested, would add more time/delays trying to sort through each claim. However, the reasons - courts feeling this will significantly add pollution to environment during this delay, is a bit exaggerated.
 
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