Marsikian v. Mercedes-Benz USA, LLC et al

Case # 08-cv-04876
Case Name Marsikian v. Mercedes-Benz USA, LLC et al
Jurisdiction US District Court for C.D. CA
Summary

Mercedes Benz S-Class vehicles for model years 2001-2006 were sold with faulty Air Intake Systems.  These systems are meant to allow in fresh air for the air conditioning system.  However, due to a manufacturing defect, leaves, twigs, and other objects could enter the AIS, causing it to clog with water.  The water could then enter the climate control system and cause substantial damage to the electrical and computing components of the vehicle.  Defendant's policies for reimbursing consumers for this defect were inconsistently applied, nor did it issue a recall, despite being aware of the defect in the AIS.  Plaintiffs seek compensation for damages to their vehicles as a result of this defect.

Final Approval Date 05/17/2010
Result
  1. Final Approval granted.
  2. All objections were overruled.
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
Fifth Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Order Granting Attorneys' Fees.pdf
Final Approval Order.pdf
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Objection of Sam P. Cannata

Objectors Sam P. Cannata
Signers Sam P. Cannata
Attorneys
Summary
  1. Attorneys' fees are excessive and should be based on actual recovery by the class.
  2. Injunctive relief is of little value to the class.
  3. Class members do not have adequate time to review the fee motion.
  4. Clear sailing provisions are improper.
  5. Requirements to disclose other objections by objectors are burdensome and designed to deter objections.

NOTE:  This objection was voluntarily withdrawn following consultation with class counsel.

Attachments Objection of Sam P. Cannata.pdf
Declaration of Stephen M. Harris Regarding Withdrawal of Objection.pdf
Withdrawal of Cannata Objection.pdf
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