NOTICE OF AMENDMENT TO SETTLEMENT

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF AMENDMENT TO SETTLEMENT
YOU OPTED-OUT OF THE CLASS ACTION SETTLEMENT CONCERNING 2011-2012
MODEL YEAR NISSAN LEAF™ VEHICLES. YOU MAY NOW RECEIVE BOTH THE INITIAL
AND ADDITIONAL BENEFITS FROM THE SETTLEMENT, IF YOU OPT BACK IN.
You should read this Notice carefully because it may affect your legal rights.
A federal court ordered this Notice. It is not from a lawyer, and you are not being sued.

The Settlement was recently amended to provide additional benefits to Settlement Class Members.

You are receiving this Notice because you had previously opted-out of the initial Settlement in 2013.

You now have the opportunity to opt back into the Settlement with amended terms (“Amended Settlement”).
Your Rights and Choices:
You may:
Summary:
Read
more:
Deadline:
Do Nothing
You remain excluded from both the original settlement and
the Amended Settlement. You get no Settlement benefits,
but keep your right to file your own lawsuit, if you want.
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Opt back into
the Settlement
If you want to receive both the initial Settlement
benefits as well as additional Settlement benefits,
which include enhanced benefits under the battery
capacity warranty and either a 90 day EZ Charge card
or a $50 check, you may do so by mailing the form
enclosed with this Notice as detailed in this Notice.
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April 30, 2015
For Answers to Frequently Asked Questions, Visit www.NissanLeafSettlement.com or call 1-855-396-2118.
Table of Contents
Basic Information
1.
Why am I receiving this Notice?
2.
Why did the Parties amend the Settlement?
3.
Why am I being allowed to opt back into the Settlement?
The Increased Settlement Benefits - What I Could Get
4.
What are the possible increased benefits of the amended Settlement?
5.
Am I giving anything up in return for choosing to opt into the Settlement and obtain the increased benefits?
6.
How is this Notice different from the Notice I received dated September 9, 2013?
How to Get the Settlement Benefits
7.
What do I need to do to get the benefits of this Settlement?
Your Rights – Remaining Excluded from the Settlement
8.
How can I remain excluded from the Settlement?
If You Do Nothing
9.
What if I do not do anything?
Final Approval of the Settlement
10.
When will the Settlement become final?
More Information
11.
Where can I get more information?
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Basic Information
1.
Why am I receiving this Notice?
In 2013, you were advised of a class action settlement in a case called Klee v. Nissan North America, Inc., Civil Action
No. CV 12-08238 where the Plaintiffs made allegations that 2011-2012 model year Nissan LEAF™ vehicles contained
a “thermal management” defect, that the batteries lose battery capacity over time at an excessive rate when operated in
a high temperature environment, and that the vehicles do not have the driving range represented by Nissan. You
successfully excluded yourself from the Settlement. Since that time, the Plaintiffs and Nissan agreed to amend the
Settlement Agreement to provide additional benefits to Settlement Class Members. Because the terms of the
Settlement have been changed, you are being given the opportunity to opt back into the Settlement Class and to obtain
the Settlement benefits.
2.
Why did the Parties amend the Settlement?
Plaintiffs and Nissan believe the Settlement preliminarily approved by the Court, which provided, among other things,
for the Lithium-ion Battery Capacity Coverage, is fair, adequate and reasonable. Nevertheless, some objections were
filed, and the parties considered the objections even though Plaintiffs and Nissan believe the objections to be
unfounded and incorrect. After due consideration, Plaintiffs and Nissan agreed to amend the Settlement to provide
further customer satisfaction and further consideration to those who were early adopters of electric vehicle technology,
and as a way to provide each class member with additional relief regardless of whether they ever experience battery
capacity loss covered by the new warranty.
3.
Why am I being allowed to opt back into the Settlement?
Because the benefits available to Settlement Class Members have increased since the time you chose to exclude
yourself from the Settlement, you are being given the opportunity to opt into the Amended Settlement.
The Increased Settlement Benefits – What I Could Get
4.
What are the possible increased benefits of the Amended Settlement?
The original Settlement benefit available to all Settlement Class Members who did not opt out of the Settlement was a
modification of the Nissan New Electric Vehicle Limited Warranty for 2011-2012 model Year Nissan LEAF™
vehicles to include coverage against capacity loss below nine bars of capacity, as shown on the vehicle’s capacity
gauge, for a period of 60 months from the original in service date of the vehicle or until the vehicle reaches 60,000
miles, whichever occurs first. The original benefit gave Nissan the option to repair or replace the battery to restore the
battery capacity to nine bars.
The Amended Settlement removes Nissan’s option to repair, instead of replace, the battery. In other words, if you elect
to opt in and your 2011 and/or 2012 Nissan LEAF™ experiences capacity loss below nine bars of capacity within
60 months or 60,000 miles, whichever occurs first, and you bring your car to an authorized Nissan dealership, the
dealer will replace the vehicle’s battery with the newly developed battery currently used in 2015 model year LEAF™
vehicles which is intended to make the battery more durable in extremely hot climates This warranty is limited by the
existing terms in the Nissan New Electric Vehicle Limited Warranty.
The Amended Settlement also provides the following additional benefits:
(a)
1
2
For Settlement Class Members residing in states where “No Charge to Charge” (“NCTC”) is available, 1
Nissan will provide ninety (90) days of free access to participating DC fast charging stations via an EZ-Charge
card that will provide access to chargers with NRG eVgo, Blink Network from Car Charging Group, and
AeroVironment under substantially similar terms and conditions to the cards offered to purchasers of the 2015
Nissan LEAF. Settlement Class Members will have 90 days from mailing of the charge cards to activate
accounts and enjoy the full three month (90 day) access period. There will be a limit of one EZ-Charge card
per Vehicle Identification Number. 2
“No Charge to Charge” is currently available in certain metropolitan markets within Arizona, California, Georgia, Illinois, Oregon, Tennessee,
Texas, Virginia, Maryland, and Washington.
Settlement Class Members residing outside the metropolitan markets within the NCTC states may opt for a $50 check in lieu of the EZ-Charge Card.
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5.
(b)
Settlement Class Members residing in NCTC states who are former owners of a 2011 or 2012 LEAF as of the
date of final approval by the Court will receive a check for $50 if they can establish that they no longer own or
lease their 2011-2012 LEAF and return their non-activated EZ-Charge card within 30 days of the original
mailing of the EZ-Charge card. There will be a limit of one $50 check per Vehicle Identification Number.
(c)
Settlement Class Members not residing in states where NCTC is available will receive a check for $50.
There will be a limit of one $50 check per Vehicle Identification Number.
Am I giving anything up in return for choosing to opt into the Settlement to obtain the increased benefits?
By opting back into the Settlement and becoming part of the Settlement Class, Court orders will apply to you and you
will give the Defendant and the selling or leasing dealer a “release.” A release means you cannot sue or be part of any
other lawsuit against the Defendant or the selling or leasing dealer about the claims or issues in this lawsuit ever again.
6.
How is this Notice different from the Notice I received dated September 9, 2013?
This is a new Notice, sent only to those persons who validly excluded themselves from the Settlement.
Settlement Class Members who did not previously exclude themselves from the Settlement are not receiving this
Notice, but they will receive the additional benefits described above in paragraph 4.
How to Get the Settlement Benefits
7.
What do I need to do to get the benefits of this Settlement?
To opt into the Settlement and obtain the Settlement benefits, you must send by First-Class United States Mail the form
enclosed with this Notice after completing and signing it. You must mail the completed and signed form in enough
time to ensure the Claims Administrator receives it by April 30, 2015 at the address below:
Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191
If you timely mail the completed and signed form to the Claims Administrator, you no longer will be opted out of the
original Settlement terms, and you will be entitled to receive the original Settlement benefit, namely, the expanded
warranty coverage as described above in paragraph 4. The only thing you need to do to use the expanded warranty
coverage benefits, as described above, is to take your vehicle to an authorized Nissan dealer for repair if and when it
requires repair during the first 60 months or 60,000 miles, whichever occurs first.
In addition to being included in the original Settlement benefits, if you timely mail the completed and signed form to
the Claims Administrator, you also will be entitled to receive the additional Settlement benefits described above in
paragraph 4, subparts (a) – (c) upon final approval of the Settlement.
Your Rights — Remaining Excluded from the Settlement
8.
How can I remain excluded from the Settlement?
To remain excluded from the Settlement you do not need to do anything. If you do nothing and remain excluded from
the Settlement, you will not be entitled to receive the Settlement benefits. However, you will not be bound by any
judgment or settlement of this class action lawsuit and will keep your right to sue Defendant independently, if you want.
If You Do Nothing
9.
What if I do not do anything?
If you do nothing, you will remain excluded from the Settlement Class and will not be entitled to the benefits of the
Settlement as described above in paragraph 4.
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Final Approval of the Settlement
10.
When will the Settlement become final?
The Settlement will not take effect unless and until: (1) the Court approves the Settlement after the Final Approval
Hearing and (a) a Final Order and Judgment has been entered by the Court and the applicable period for the appeal of
the Final Order and Judgment has expired without any appeals having been filed, or (b) all such appeals have been
dismissed; or (2) the appropriate Court of Appeals has entered a final judgment affirming the Final Order and Judgment
of the Court, which (a) is no longer subject to any further appellate challenge, or (b) has been affirmed by the United
States Supreme Court.
The Court held an initial final approval hearing, or Final Approval Hearing, on November 18, 2013, to decide whether
certification of the Settlement Class is proper; whether the Settlement is fair, adequate, and reasonable; and whether the
Settlement should be finally approved. In addition, the Court is considering Class Counsel’s application for an award
of attorneys’ fees and reimbursement of expenses.
The Court will hold another hearing on June 9, 2015 to consider the Settlement Agreement as Amended. After the
Court rules on the final approval and the time to appeal has expired, the Settlement will become final.
If the Court does not approve the Settlement and determines that Settlement Class Members, including any persons
who choose to opt back into the Settlement, are not legally entitled to receive the benefits described in this Notice,
it will be as if no settlement had been reached and no class had been established.
More Information
11.
Where can I get more information?
If you have additional questions regarding this Notice, the Settlement or the Amended Settlement, or if you did not
receive this Notice in the mail and believe that you previously requested exclusion from the Settlement Class, you
should contact the Settlement Administrator’s dedicated website for this case by visiting
www.NissanLeafSettlement.com or calling 1-855-396-2118 for more information or you may communicate directly
with Class Counsel by contacting:
Jordan L. Lurie
Tarek H. Zohdy
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, CA 90067
Phone No.: 310.556.4811
Email address: [email protected]
[email protected]
This Notice, which has been approved by the Court, is only a summary. If you wish to obtain more detailed
information, you may review the Settlement Agreement and the Amendment to the Settlement, which contain the
complete terms of the Settlement. The Settlement Agreement and the Amendment to the Settlement, along with the
pleadings, records and other papers regarding the lawsuits, are available on the Settlement Administrator’s dedicated
website for this case (www.NissanLeafSettlement.com) and are on file with the Court and available to be inspected at
any time during regular business hours at the Clerk’s Office. The Clerk of the Court is located at:
United States District Court for the Central District of California
312 North Spring Street
Los Angeles, CA 90012
PLEASE DO NOT CONTACT THE COURT.
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