1 HEleirzmabaent hF rBaentcokw, sEksiq, .E (sSqB. (#S1B2 3#427465)7 72) 2 FRANCK & ASSOCIATES 910 Florin Road, Suite 212 3 Sacramento, CA 95831 Tel. (916) 447-8400; Fax (916) 447-0720 4 Janet R. Varnell, (Admitted Pro Hac Vice) 5 Brian W. Warwick, (Admitted Pro Hac Vice) VARNELL & WARWICK, P.A. 6 P.O. Box 1870 Lady Lake, FL 32158 7 Telephone: (352) 753-8600 Facsimile: (352) 504-3301 8 Class Counsel 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA

11 STEVE FERRARI, et al., Case No. 17-CV-00018-YGR

12 Plaintiffs, [PROPOSED] ORDER GRANTING 13 v. PLAINTIFFS’ MOTION FOR APPROVAL OF CY PRES RECIPIENT 14 Autobahn, Inc. dba Autobahn Motors; Mercedes-Benz USA, LLC; and SONIC The Honorable Yvonne Gonzalez Rogers 15 AUTOMOTIVE, INC., Date: October 22, 2019 Time: 2 P.M. 16 Defendants Courtroom: 1

17

18 This matter came before the Court on Plaintiffs’ Motion for Approval of Cy Pres 19 20 Recipient, which sought the Court’s approval of the distribution of $1,622.88 in funds associated 21 with uncashed checks be distributed to Bay Area Legal Aid pursuant to Paragraph 28 of the 22 Settlement Agreement. The Court finds that Bay Area Legal Aid is an appropriate charity to 23 receive the cy pres funds because its mission matches the “purposes of the underlying lawsuit 24 and the class of plaintiffs involved,” taking into consideration the “geographic distribution of the 25 class.” See Nachshin v. AOL, LLC,

, 1039–1040 (9th Cir. 2011) (citing Six 26 Mexican Workers v. Arizona Citrus Growers,

(9th Cir. 1990)). This lawsuit 27 28 pursued consumer protection claims on behalf of customers of a Belmont, California car 1 | dealership, a class overwhelmingly located in the Bay Area, while Bay Area Legal Aid serves 2 || clients in consumer protection cases in seven Bay Area counties. Additionally, Class Counsel ; has assured the Court that neither Class Counsel nor the Autobahn Defendants’ counsel has any connection to Bay Area Legal Aid.

6 Consistent with Paragraph 28 of the Settlement Agreement, it is hereby ORDERED that: 7 (1) Bay Area Legal Aid is approved as the recipient of the cy pres funds; g (2) The Settlement Administrator shall pay the funds associated with all non- negotiated checks to Bay Area Legal Aid; and ° (3) The Settlement Class members have waived and abandoned any ownership 10 interest in the uncashed checks and any and all associated funds. 1 IT Is SO ORDERED. 12 13 | Dated October 15, 2019 loge ONNE GONZAI#Z ROGERS 14 nited States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED} BY ORDER GRANTING MOTION FOR APPROVAL OF