What is this lawsuit about?

Plaintiff Kieva Myers claims that the Comfort Access System in 2007 through 2013 model year BMW X5 vehicles is defective because the vehicles’ doors can be locked from the outside of the car when the key fob is located inside the vehicle. If you were locked out of the vehicle while the key fob was inside the vehicle, this may be due to the Comfort Access Defect that the lawsuit claims to exist. This class action lawsuit seeks to notify you that you should keep the key fob on your person at all times to avoid lock-outs which may occur when the key fob is left inside the vehicle. Also, the lawsuit seeks to permit you to obtain reimbursement for out of pocket costs incurred due to Spontaneous or Unintended locking of the Comfort Access System.

What is a Class Action Lawsuit?

In a class action, one or more people, called Class Representatives (in this case, plaintiff Kieva Myers), sue on behalf of all people who have similar claims and have suffered similar damages. A class action allows lots of people to have their claims handled at the same time by the same judge, rather than requiring each person who suffered harm to bring his or her own individual lawsuit. A class action saves time and resources by allowing a large group of people to have their grievances heard together.

All the people who have the same claims are called the Class or Class Members. If you own, owned, lease or leased a Class Vehicle (2007 through 2013 model year BMW X5 with comfort access system), you are a member of the Class

Do I have a lawyer in this case?

You do.

You are represented by:
Stephen M. Harris
LAW OFFICES OF STEPHEN M. HARRIS, P.C.
6320 Canoga Avenue, Suite 1500
Woodland Hills, CA 91367
Tel: 818-924-3103
Email: [email protected]

Robert L. Starr
LAW OFFICES OF ROBERT L. STARR, APC
23901 Calabasas Road, Suite 2072
Calabasas, CA 91302
Tel: 818-225-9040
Email: [email protected]

The Court has reviewed Mr. Harris’ and Mr. Starr’s credentials and litigation experience and has approved them to represent you and your fellow class members. Mr. Harris and Mr. Starr have been designated “Class Counsel” and they represent your interests, as well as all of the other members of the Class.

Why is there a Settlement?

Plaintiff and BMW agreed to a settlement to avoid years of litigation and the inevitable risks that come with going to trial. The settlement guarantees that Class Members who have documented out-of-pocket expenses will be able to receive compensation for their damages from BMW.

Your attorneys worked hard to ensure that the terms of the settlement are favorable to you. Your attorneys believe that this settlement is in your best interests, allowing you to recover your documented out-of-pocket losses as soon as possible and avoid the potential risk and pitfalls of trial.

Am I part of the Settlement?

The settlement only impacts Class Members.

The Class is comprised of: All residents of the United States (including Puerto Rico) who currently own or lease, or who previously owned or leased, a “Class Vehicle.”

“Class Vehicles” are any: BMW NA E70 vehicles (2007 through 2013 model year BMW X5 vehicles), made for sale and/or lease in the U.S. market, with a production date between October 1, 2006 through June 30, 2013, equipped with the optional Comfort Access System, and that were sold or leased to a Class Member who registered and operated the vehicle in the United States or Puerto Rico.

What are the benefits of the settlement?

You will receive an owners’ manual insert notifying you to keep the comfort access key fob on your person at all times to prevent a lock-out when the key fob is left in the vehicle; 2. You are eligible for reimbursement of emergency and non-emergency repair costs sustained in connection with Spontaneous or Unintended locking of the Comfort Access System. You can only receive the “Maximum Reimbursement Amount” which means (a) for Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars ($150), or (b) for Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred fifty dollars ($650) comprised of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-of-Pocket Costs

What is the difference between emergency repair costs and non-emergency repair costs?

“Emergency Out-of-Pocket Costs” means the following unreimbursed costs incurred by a Class Member as a result of a Spontaneous or Unintended Locking in which a child and/or pet was locked inside a Class Vehicle: (a) costs incurred to repair a broken window (or other damage to a Class Vehicle) directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, or (b) if Class Vehicle damage set forth in (a) was paid for by insurance, any insurance deductible paid by the Class Member for vehicle damages described in (a) herein. Emergency Out-of-Pocket Costs are subject to the Maximum Reimbursement Amount.

“Non-Emergency Out-of-Pocket Costs” means the following unreimbursed costs incurred by a Class Member as a result of a Spontaneous or Unintended Locking of the Comfort Access System where only personal property (rather than a child or pet) were locked inside the car: (a) locksmith or third party lockout service costs that are directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, (b) towing costs that are directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, and (c) if no loaner or free rental was otherwise provided, reasonable one-day car rental costs (subject to a maximum reimbursement $50) while the Class Vehicle was under repair due to a Spontaneous or Unintended Locking of the Comfort Access System. Non-Emergency Out-of-Pocket Costs are subject to the Maximum Reimbursement Amount.

What is the explanation for the Owners’ Manual Insert about the Comfort Access Defect?

The owners’ manual insert warns you to keep your key Fob or Comfort Access System on your person at all times, and not to leave it unattended in the vehicle. This will avoid the potential for lock-outs when the key fob is left inside the vehicle and not kept on your person at all times.

Based on the Notice, is it correct that I should keep my key fob on my person at all times rather than leaving it in the vehicle?

Yes.

I misplaced or threw away my claim form. Can I download the claim form even though it doesn’t have a claim number and control number?

In the event you need to submit a claim form and you did not have the claim form mailed to you, please download the claim form, and follow the instructions for how to submit a claim.

How Much Money Will I Get as a Result of the Settlement?

You can only receive the “Maximum Reimbursement Amount” which means (a) for Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars ($150), or (b) for Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred fifty dollars ($650) comprised of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-of-Pocket Costs.

How Do I Get My Reimbursement for Lock-out Costs?

You must submit a claim form to the Settlement Administrator along with proof of a Spontaneous or Unintended Locking. You will not be entitled to reimbursement if your claim form is not timely submitted. Your claim form is must be submitted within 90 days of this notice, or by April 8, 2019.

The Settlement Administrator is a neutral third party who reviews the claim forms and accompanying documentation to make sure that the claim is valid.

What Supporting Documentation is Required to support my claim?

You must furnish Proof of Spontaneous or Unintended Locking. “Proof of Spontaneous or Unintended Locking” means any of the following documents that establish a Spontaneous or Unintended Locking complaint in a Class Vehicle: (a) dealership repair orders, (b) police report, or (c) insurance company report. In cases where a customer has documented proof of lockout situation (repair order, police report, or insurance company report), but the documentation submitted does not specify a Spontaneous or Unintended Locking, an statement under penalty of perjury that the Class Member did not intend to lock the doors using the key fob or the comfort access system and the doors locked anyway can be used. The statement is in addition to documentation set forth herein and not a substitute for the documentation that evidences a lockout situation in the first place.

What Does Required Documentation Mean?

“Required Documentation” means (1) a fully-completed Claim Form signed under penalty of perjury, (2) Proof of Spontaneous or Unintended Locking, (3) an invoice that documents an Emergency Out-of-Pocket Cost or Non-Emergency Out-of-Pocket Cost, and (4) cancelled checks, credit card statements or other proof that evidences the Class Member personally paid for an Emergency Out-of-Pocket Cost or Non-Emergency Out-of-Pocket Cost.

What if BMW, in the past (under warranty or goodwill), or my insurance company paid for part of the out of pocket cost I incurred in connection with a lock-out?

You may seek reimbursement for any unpaid portion of the cost of the repairs.

What if My Claim for Reimbursement Is Wrongly Denied?

If your claim for reimbursement was wrongly denied by the Settlement Administrator or BMW, there is an appeals process.

If your claim for reimbursement is denied or otherwise rejected all such denied claims will be sent to both counsel who will attempt to resolve any dispute, and, if necessary, formally submit the dispute to a neutral selected by the parties. If you desire review of any such denial of a claim, please Contact Class Counsel, Mr. Harris, or Mr. Starr, at [fill in] or [fill in email];

    1. Mr. Harris will then contact BMW’s counsel;
    2. Mr. Harris will meet and confer with BMW regarding the denial of your claim and if counsel are unable to agree to a resolution, then counsel will agree on a neutral to resolve the dispute, and will submit legal briefs to resolve the matter after the conclusion of the claims period;
    3. The neutral’s resolution of any dispute regarding the validity of a claim will be final and binding.

The Settlement website at [fill in] contains additional details concerning the claims process, the Settlement terms, and more details about the appeals process.

When Will I Get My Reimbursement?

The Court will hold a fairness hearing on Monday, March 27, 2019 at 2:00 p.m., to decide whether the settlement is fair, reasonable and adequate for you and your fellow Class Members and whether the Settlement should be finally approved by the Court.

If Judge Orrick approves the settlement, there may be appeals. It is always uncertain whether these appeals (if any) can be resolved, and resolving them can take time, perhaps more than a year. The approval of a class action settlement can be a lengthy process. It is very important to the parties, the attorneys and the Court to make sure that the settlement is appropriate and fair. We thank you in advance for your patience.

When the time for filing appeals has expired and there are no appeals, or if there are appeals, and a Final Judgment Approving the Settlement is finally entered after all appeals have thereafter expired, all approved claims will be paid after the Settlement becomes final.

How Will Class Counsel be Paid for Representing Me?

You will not pay Class Counsel’s fees or expenses.

After the parties reached a settlement regarding the claims alleged in this lawsuit, the parties separately negotiated to determine the compensation of the class representatives and Class Counsel. MINI has agreed to pay Class Counsel’s fees and costs up to $692,000 to compensate Class Counsel for the work performed by Class Counsel to bring this matter to successful settlement. The Court will consider Class Counsel’s request for fees and costs and will award the amount of attorney fees and costs that the Court finds appropriate.

BMW will separately pay the fees and expenses that the Court awards and these fees and costs will not come out of the funds for reimbursement payments to Class Members.

Similarly, BMW will pay the Class Representative, Myers, up to $5,000, as a class services award fee, subject to court approval, and this payment will not come out of the funds for reimbursement payments to Class Members.

When Will the Court Decide to Approve the Settlement?

The Court will hold a Fairness Hearing on Wednesday, March 27, 2019 at 2:00 p.m., at the United States District Court for the Northern District of California, 450 Golden Gate Avenue
San Francisco, CA 94102, in Courtroom 2. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate.Class Counsel will represent you at this hearing and you do not need to appear at this hearing to participate in the settlement.After the hearing, the Court will decide whether to approve the settlement. Unfortunately, it is difficult to predict how long it will take Judge Orrick to make her decisions.

Do I Have to Come to the Hearing on March 27, 2019?

No. Class Counsel will appear on your behalf and answer questions Judge Orrick may have.
If you would like to attend the hearing, please contact us so we can discuss the logistics with you.

What if I Have Suffered Personal Injury or Had a Passenger Suffer Personal Injury Related to a Lock-Out Incident?

If you or your passengers have suffered physical injuries resulting from a Spontaneous or Unintended Locking, please contact Class Counsel immediately. However, any personal injuries you or your passengers may have suffered are not resolved or affected by this settlement.

I Have More Questions.

Please do not hesitate to contact us. We would be happy to address any questions you may have.

Stephen M. Harris
LAW OFFICES OF STEPHEN M. HARRIS, P.C.
6320 Canoga Avenue, Suite 1500
Woodland Hills, CA 91367
Tel: 818-924-3103
Email: [email protected]

Robert L. Starr
LAW OFFICES OF ROBERT L. STARR, APC
23901 Calabasas Road, Suite 2072
Calabasas, CA 91302
Tel: 818-225-9040
Email: [email protected]