Download Report

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
If you purchased a Bosch or Siemens 27”
front-loading washing machine, you may be
entitled to a cash payment.
Includes: Nexxt, Vision, and ultraSense models
A federal court authorized this Notice. This is not a solicitation from a lawyer.
x
Please read this notice carefully as it impacts your rights and provides you with information regarding how to file a
claim. Your legal rights are affected whether or not you take action.
x
A Settlement has been reached in a class action lawsuit about whether BSH Home Appliances Corporation, including
its parent company and related entities (specifically, Bosch Und Siemens Hausgeräte GMBH) (“BSH”) manufactured,
marketed, advertised, and sold certain washing machines that may have a tendency to develop mold, mildew,
bacteria, and foul odors.
x
The Settlement includes any U.S. residents who are original purchasers of a 27” Bosch Nexxt, Bosch Vision, or
Siemens ultraSense front-loading washing machine (“Washer”) for personal use.
x
If you submit a timely Claim Form demonstrating that you are the original purchaser of a Washer, you will receive a
cash payment of $55. If you do not exclude yourself from the Settlement, your rights against BSH regarding the
Washers will be lost forever, regardless of whether you file a claim.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM
This is the only way to get a cash payment under the Settlement.
If you submit a Claim Form, you are choosing to stay in the Class and give up your
right to sue BSH in the future for the claims being resolved by this Settlement. See
Question 14 (below) for details.
ASK TO BE EXCLUDED
Get out of this lawsuit. Get no money or benefits. Keep your rights to sue BSH.
If you ask to be excluded, you will not receive a cash payment. But, you will keep
the right to sue BSH on your own in a separate lawsuit. If you do not exclude
yourself, you are choosing to stay in the Class and you will be bound by the
Settlement; any claims you have against BSH relating to the Washers will be
released; and you will be forever barred from bringing them against BSH,
regardless of whether you submit a claim or get a payment.
OBJECT TO THE SETTLEMENT
Write to the Court about why you don’t like the Settlement.
GO TO A HEARING
Ask to speak in Court about the fairness of the Settlement at the Fairness Hearing.
DO NOTHING
If you do nothing, you will not receive a cash payment from this Settlement and any
claims you have against BSH relating to the Washers will be released and you will be
forever barred from bringing them against BSH. Unless you exclude yourself, you will be
bound by the Settlement, and any claims you have against BSH relating to the Washers
will be released and you will be forever barred from bringing them against BSH.
x
Your rights and options are explained in this notice. To file a claim you must act by May 28, 2015. To ask to be
excluded, you must act by April 30, 2015. To object you must act by April 30, 2015.
x
The Court in charge of this case has to decide whether to approve the proposed Settlement. If you qualify and submit
a timely claim, you may receive a cash payment if the Court approves the Settlement and after any appeals are
resolved. Please be patient.
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION ..........................................................................................................3
1.
2.
3.
Why was this notice issued?
What is a class action?
Why is there a Settlement?
THE CLAIMS IN THE LAWSUIT ..............................................................................................3
4.
5.
What is the lawsuit about?
How does BSH answer?
WHO IS IN THE SETTLEMENT? .............................................................................................4
6.
7.
8.
How do I know if I am included?
Are there exceptions to being included?
I’m not sure if I’m included in the Settlement.
THE SETTLEMENT BENEFITS–WHAT YOU GET IF YOU QUALIFY ............................................4
9.
10.
11.
12.
13.
14.
What does the Settlement provide?
How can I get a cash payment?
How do I complete the Claim Form?
When will I get my cash payment?
What rights am I giving up to get a payment and stay in the Class?
What are the Released Claims?
THE LAWYERS REPRESENTING YOU....................................................................................5
15.
16.
17.
Do I have a lawyer in this case?
Should I get my own lawyer?
How will the lawyers be paid?
EXCLUDING YOURSELF FROM THE SETTLEMENT ..................................................................6
18.
19.
What happens if I exclude myself?
How do I ask to be excluded?
OBJECTING TO THE SETTLEMENT ........................................................................................6
20.
21.
How do I object to the Settlement?
What’s the difference between objecting and asking to be excluded from the Settlement?
THE COURT’S FINAL APPROVAL HEARING...........................................................................7
22.
23.
24.
When and where will the Court decide whether to approve the Settlement?
Do I have to attend the Final Approval Hearing?
May I speak at the Final Approval Hearing?
IF YOU DO NOTHING ...........................................................................................................7
25.
What happens if I do nothing at all?
GETTING UPDATES AND MORE INFORMATION ......................................................................7
26.
Is more information about the Settlement available?
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-2-
BASIC INFORMATION
1. Why was this notice issued?
A federal Court authorized this Notice because, as an original purchaser of a Bosch or Siemens 27” front-loading washing
machine, you have a right to know about a proposed Settlement of this class action, including the right to make a claim for
a cash payment, and about all of your options, before the Court decides whether to give “final approval” to the Settlement.
If the Court approves the Parties’ Settlement Agreement and Release (“Settlement”), and after any objections and
appeals are resolved, cash payments will be made to those who qualify and submit a valid claim.
This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible to receive
them, and how to get them.
Judge David O. Carter of the United States District Court for the Central District of California is overseeing this class
action. The case is known as Cobb v. BSH Home Appliances Corporation, Case No. 8:10-cv-00711. The people who
sued are called the Plaintiffs. The company they sued, BSH Home Appliances Corporation, is called the Defendant or
BSH.
2. What is a class action?
In a class action, one or more people, called Class Representatives (in this case Dennis Demereckis, Beverly Gibson,
Trish Isabella, and Nancy Wentworth), sue on behalf of all people who have similar claims. Together, these people are
called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude
themselves from the Class. More information about why this case is a class action can be found in the Court’s Class
Certification Order, which is available at www.BoschSiemensWashingMachinesClassAction.com.
3. Why is there a Settlement?
The Court has not decided in favor of the Plaintiffs or BSH. By agreeing to the Settlement, both Plaintiffs and BSH avoid
the cost and risk of further litigation and a trial, and the people affected will get a chance to receive compensation. The
Class Representatives and their attorneys think the Settlement is best for the Class and recommend the Settlement to
Class Members. BSH denies any liability and asserts that BSH Washers are not defective. The Court has not decided
who is right.
THE CLAIMS IN THE LAWSUIT
4. What is the lawsuit about?
Plaintiffs claim that the Washers have a tendency to develop mold, bacteria, and/or other biofilm (a thin layer of bacteria
or fungus that sticks to the inside surfaces of the washing machine), which can cause unpleasant odors. The lawsuit
claims the Washers: (a) do not effectively clean themselves or clothes, or work as advertised; (b) carry or cause washed
clothes to carry unpleasant odors; and (c) develop mold, mildew, bacteria, and/or other biofilm, which can lead to
unpleasant odors. It also claims consumers paid more than they would have for the Washers because BSH did not tell
them, prior to purchase, about the Washers’ tendency to develop mold, bacteria, other biofilms, and unpleasant odors, or
about the upkeep required to reduce these issues. More specifically, the lawsuit alleged that BSH acted negligently,
deceptively and improperly in designing, manufacturing, marketing, selling, and servicing Bosch and Siemens brand 27”
front-loading automatic washing machines. It also alleges that: (1) the Washers had an undisclosed tendency to develop
bacteria, mold and foul odors, (“BMFO”); (2) undisclosed tasks were required to reduce or improve BMFO; and (3) BSH
violated state consumer protection statutes, engaged in common law fraudulent concealment/nondisclosure, breached the
express and implied warranties for the Washers, and was unjustly enriched (“Nationwide Claims”).
More information can be found in the Third Consolidated Amended Complaint, available at
www.BoschSiemensWashingMachinesClassAction.com.
5. How does BSH answer?
BSH denies that it misled consumers or violated any laws. It also denies that its Bosch and Siemens brand 27” frontloading automatic clothes washing machines are defective or have a tendency to develop bacteria, mold, other biofilms,
and/or unpleasant odors. BSH maintains that the upkeep it recommends is not extraordinary and, if performed, will
prevent bacteria, mold, other biofilms, and/or unpleasant odors from developing. BSH further contends that many
consumers knew of the maintenance requirements for high efficiency washing machines, like the Washers, before
purchasing them and that even for those who were unaware, that the knowledge of the maintenance required to
appropriately operate the Washers would not have resulted in lower purchase prices.
To see BSH’s Answer, go to www.BoschSiemensWashingMachinesClassAction.com.
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-3-
WHO IS IN THE SETTLEMENT?
6. How do I know if I am included?
You are included in the Settlement as a Class Member if you are the original purchaser of a 27” Bosch Nexxt, Bosch
Vision, or Siemens ultraSense horizontal axis/front-loading automatic clothes washing machine that you used for your
personal use and you have not taken steps to exclude yourself. You do not need to still own the Washer.
7. Are there exceptions to being included?
Yes. If you are NOT the original retail purchaser of a Washer, you are not included in the Class. The following are also
excluded from the Class: (1) BSH, any entity in which BSH has a controlling interest, and its legal representatives,
officers, directors, employees, assigns and successors; (2) retailers, wholesalers, and other individuals or entities that
purchased the Washers for resale; (3) the United States government and any agency or instrumentality thereof; (4) the
judge to whom this case is assigned and any member of the judge’s immediate family; (5) claims for personal injury,
emotional distress and wrongful death; and (6) persons who timely and validly opt to exclude themselves from the
Settlement Class.
8. I’m not sure if I’m included in the Settlement.
If you are not sure whether you are included in the Settlement, you may call 1-877-695-7474 with questions or visit
www.BoschSiemensWashingMachinesClassAction.com. You may also mail questions to Bosch Siemens Washing
Machines
Class
Action
Administrator,
PO
Box
43340,
Providence,
RI
02940-3340,
or
email
admin@BoschSiemensWashingMachinesClassAction.com.
THE SETTLEMENT BENEFITS–WHAT YOU GET IF YOU QUALIFY
9. What does the Settlement provide?
The Settlement provides a $55 cash payment to Class Members who submit a timely and valid Claim Form. If you submit
a Claim Form, that means you are staying in the Class, and you will give up your right to sue BSH in the future for the
claims that will be resolved if this Settlement is approved by the Court. See Question 14 (below) for details.
To learn more about the Settlement go to www.BoschSiemensWashingMachinesClassAction.com.
10. How can I get a cash payment?
To be eligible to receive a cash payment, you must submit a valid Claim Form by May 28, 2015. Claim Forms may be
submitted online at www.BoschSiemensWashingMachinesClassAction.com, printed from the website, or obtained by
calling 1-877-695-7474, sending an email to admin@BoschSiemensWashingMachinesClassAction.com, or by writing to
Bosch Siemens Washing Machines Class Action Administrator, PO Box 43340, Providence, RI 02940-3340.
11. How do I complete the Claim Form?
Read all of the Claim Form instructions carefully. Complete the entire form and submit a photograph of the serial number
or provide proof of purchase (such as a receipt). The serial number is located inside the door frame cavity when the door
is open. See photo below:
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-4-
Submit your Claim Form online or mail it so it is postmarked no later than May 28, 2015. If your mailed Claim Form is
postmarked after May 28, 2015, you will not receive a cash payment. Keep a copy of your mailed Claim Form or your
confirmation email. The Settlement Administrator may request additional information to verify your claim. If you do not
comply with a request for verification, your Claim may be denied.
12. When will I get my cash payment?
The Court will hold a hearing on June 1, 2015 to decide whether to approve the Settlement (see “The Court’s Final
Approval Hearing” below). If Judge Carter approves the Settlement, there may be appeals. Resolving appeals can take a
long time. Please be patient. Cash payments will be mailed to qualifying Class Members after the Court has granted final
approval of the Settlement and the deadline to file an appeal has passed or all appeals are resolved.
13. What rights am I giving up to get a payment and stay in the Class?
Unless you exclude yourself, you are staying in the Class. If the Settlement is approved and becomes final, all of the
Court’s orders will apply to you and legally bind you. That means you won’t be able to sue, continue to sue, or be part of
any other lawsuit against BSH and related parties for the legal issues (see the Nationwide Claims described in Question 4
above) and claims resolved by this Settlement. Generally, your claims or complaints against BSH relating to the Washers,
except those for personal injury, bodily injury and damage to other property, will be forever barred. The specific rights you
are giving up are called Released Claims (see Question 14).
14. What are the Released Claims?
“Released Claims” means that the Plaintiffs and Class Members will unconditionally release and forever discharge BSH
and all present and former parent companies (including specifically Bosch und Siemens Hausgeräte GMBH), subsidiaries,
affiliate companies, shareholders, officers, directors, employees, partners, agents, servants, representatives, attorneys,
insurers, successors, predecessors, and assigns from any and all claims, rights, demands, actions, causes of actions,
suits, debts, liens, contracts, liabilities, agreements, costs, expenses or losses of any kind whatsoever, including any
known or unknown claims, that they have or may claim to have against BSH based upon, arising out of, or in any way
relating to any act, failure to act, omission, misrepresentation, fact, event, transaction, or occurrence from the beginning of
time until the Effective Date (the date that the Settlement has been approved and the time for appeal has expired or the
Settlement is affirmed) of the Settlement Agreement that were raised or could have been raised in the lawsuit relating to
the alleged defects in the Washers, except for claims for personal injury, emotional distress, or wrongful death.
The Settlement Agreement, available at www.BoschSiemensWashingMachinesClassAction.com, describes the Released
Claims with specific descriptions. If you have any questions, you can talk to the lawyers listed in Question 15 for free, or
you can, of course, talk to your own lawyer if you have questions about what this means.
THE LAWYERS REPRESENTING YOU
15. Do I have a lawyer in this case?
Yes. The team of lawyers representing the Class includes Eppsteiner & Fiorica Attorneys, LLP; Lieff Cabraser Heimann &
Bernstein, LLP; Levin, Fishbein, Sedran & Berman. Stuart Eppsteiner of Eppsteiner & Fiorica is Lead Plaintiffs’ Counsel.
These lawyers have experience handling similar cases. More information about these law firms and lawyers is available at
www.eppsteiner.com, www.lieffcabraser.com and www.lfsblaw.com.
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-5-
16. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is representing you and all the other members of the
Class. If you want someone other than Class Counsel to speak for you, you may hire your own lawyer at your own
expense.
17. How will the lawyers be paid?
Class Counsel will ask the Court to approve a payment of up to $6.5 million for attorneys’ fees and expenses. Class
Counsel will also request a payment of $5,000 each for Dennis Demereckis, Beverly Gibson, Trish Isabella, and Nancy
Wentworth for their services as the Class Representatives. The Court may award less than these amounts. If approved by
the Court, BSH will separately pay the requested attorneys’ fees and expenses and Class Representative payments.
These fees, expenses and payments will not reduce the amount of money available to Class Members. BSH will also
separately pay all costs to administer the Settlement.
EXCLUDING YOURSELF FROM THE SETTLEMENT
18. What happens if I exclude myself?
If you exclude yourself from the Settlement you: (1) will not be able to get a payment from this Settlement ; (2) will not be
legally bound by the Court’s judgments; and (3) will keep any rights you may have to sue BSH for the legal claims
included in this lawsuit and resolved by this Settlement.
19. How do I ask to be excluded?
To exclude yourself, send a letter to the Settlement Administrator stating that you want to be excluded from Cobb v. BSH
Home Appliances Corporation No. 8:10-cv-00711. Include your name, address, telephone number, and signature. You
must mail your exclusion request so that it is postmarked by April 30, 2015 to: Bosch Siemens Washing Machines Class
Action Administrator, PO Box 43340, Providence, RI 02940-3340.
OBJECTING TO THE SETTLEMENT
20. How do I object to the Settlement?
If you are a Class Member and do not exclude yourself, you can object to the Settlement or some part of it. You can give
reasons why you think the Court should not approve it. The Court will consider your views before making a decision. To
object, you must prepare and sign a written objection that includes: (1) the case number “Case No. 8:10-cv-00711-DOCAN”; (2) your full name, current address and telephone number; (3) the serial number of the Washer you own or owned;
(4) a written statement of your objections and the specific reasons for each; (5) any supporting papers, evidence or
documents; (6) a statement of whether you intend to appear and present your objections at the Fairness Hearing (see
Question 24); and (7) your signature. You must file your objection with the Court no later than April 30, 2015 and mail
copies to the Settlement Administrator, Class Counsel and Defense Counsel postmarked by April 30, 2015.
COURT
United States District Court
Central District of California
Southern Division
Ronald Reagan Federal
Building and U.S. Courthouse
411 W. 4th Street
Santa Ana, CA 92701
SETTLEMENT
ADMINISTRATOR
Bosch Siemens Washing
Machines Class Action
Administrator
PO Box 43340
Providence, RI 02940-3340
CLASS COUNSEL
Eppsteiner & Fiorica
Attorneys, LLP
Stuart M. Eppsteiner
12555 High Bluff Drive
Suite 155
San Diego, CA 92130
DEFENSE COUNSEL
Jones Day
Erik Swanholt
555 South Flower Street
Fiftieth Floor
Los Angeles, CA 90071
21. What’s the difference between objecting and asking to be excluded from the Settlement?
Objecting is telling the Court that you don’t like something about the proposed Settlement. You can object only if you stay
in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you
have no basis to object because the case no longer affects you.
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-6-
THE COURT’S FINAL APPROVAL HEARING
The Court will hold a “Final Approval Hearing” or “Fairness Hearing” to decide whether to approve the Settlement. You
may attend the Final Approval Hearing and you may ask to speak, but you are not required to.
22. When and where will the Court decide whether to approve the Settlement?
The Final Approval Hearing will be on Monday, June 1, 2015 at 8:30 a.m. before Judge David O. Carter, at Ronald
Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, CA 92701 in Courtroom 9D.
At this Hearing, the Court will consider whether the proposed Settlement and all of its terms are adequate, fair, and
reasonable. If there are objections, the Court will consider them. The Court may listen to people who have asked for
permission to speak at the hearing (see Question 24). The Court may also decide how much to award Class Counsel for
fees and expenses and how much to award the Class Representatives for representing the Class. At or after the Hearing,
the Court will decide whether to finally approve the proposed Settlement. There may be appeals after that. We do not
know how long these decisions will take.
23. Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If
you send an objection, you do not have to come to Court to talk about it. As long as you file your written objection on time,
the Court will consider it. You may also pay another lawyer to attend, but it is not required.
24. May I speak at the Final Approval Hearing?
Yes. You may ask the Court to speak at the Final Approval Hearing. To do so, you must include a request to argue or
comment at the Fairness Hearing with your objection (see Question 20). You must provide copies of any documents you
intend to rely upon, including the names and addresses of any witnesses who will appear at the Fairness Hearing, and the
name of any counsel representing you as an objector. Ultimately, the Court will decide who will be allowed to speak at the
Fairness Hearing.
IF YOU DO NOTHING
25. What happens if I do nothing at all?
If you do nothing you won’t get a payment from this Settlement. If the Court approves the Settlement, you will be bound by
its terms, and you will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against
BSH and related parties about the legal issues or claims resolved by this Settlement.
GETTING UPDATES AND MORE INFORMATION
26. Is more information about the Settlement available?
Yes.
More
information
about
the
lawsuit
and
this
Settlement
is
available
at
www.BoschSiemensWashingMachinesClassAction.com, by calling toll-free 1-877-695-7474, writing to Bosch Siemens
Washing Machines Class Action Administrator, PO Box 43340, Providence, RI 02940-3340, or contacting Class Counsel.
Updates about the status of the Settlement and any changes in the deadlines will also be posted at the website and made
available by calling the toll-free number.
PLEASE DO NOT CALL THE JUDGE OR THE COURT TO ASK QUESTIONS ABOUT THIS LAWSUIT OR NOTICE.
THEY CANNOT ANSWER YOUR QUESTIONS. THE COURT WILL NOT RESPOND TO LETTERS OR TELEPHONE
CALLS. IF YOU WISH TO ADDRESS THE COURT, YOU MUST FILE AN APPROPRIATE PLEADING OR MOTION
WITH THE CLERK OF THE COURT IN ACCORDANCE WITH THE COURT’S USUAL PROCEDURES.
QUESTIONS? CALL 1-877-695-7474 TOLL FREE--OR--VISIT www.BoschSiemensWashingMachinesClassAction.com
-7-