A substitute hearing on entry of Final Approval of the Class Action Settlement and the award of fees and expenses to Class Counsel, and incentive payment to the Class Representative, as well as with respect to entry of judgment (the “Fairness Hearing”) shall be held on March 27, 2019 at 2:00 p.m., in Courtroom 2 of the above-entitled Court, located at 450 Golden Gate Avenue, San Francisco, California, 94102.

At the Fairness Hearing, the Court will consider: (a) whether the Action should be finally certified for class action settlement purposes; (b) whether the Settlement should be approved as fair, reasonable, and adequate for the class; (c) whether a judgment granting approval of the Settlement should be entered; and (d) whether Class Counsel’s application for attorneys’ fees and expenses and an incentive award for the named Plaintiff should be granted.

About the Settlment

The Class action lawsuit, Myers vs. BMW belongs to a nationwide class of current and former owners and lessees of certain BMW of North America, LLC (“BMW”) X5 vehicles, with a production date from October of 2006 through June of 2013, which were distributed by BMW and equipped with the optional Comfort Access System. 

The total number of Class Vehicles (nationwide) is 219,233. Myers alleges that defects in the design, manufacture, and assembly of the comfort access system in the class vehicles resulted in an unintended locking of the Class Vehicles in situations where Class Members did not intend to lock the Vehicle using the key fob or Comfort Access System. (Docket, “Dkt.” No. 36, Second Amended Complaint, “SAC”.