from the
Settlement
and
from the
Settlement
Class; and
(4)
your signature.
You
cannot ask
to
be
excluded
over the
phone
or
via
the
internet. You must mail your request to
be
excluded,
postmarked
no
later than
January 19, 2021,
to
the
Claims Administrator at
the
address listed in
Question
17.
Failure to
result
15

comply with
in
you

The

Plaintiffs
Kantrowitz
Sobran, Esq.; and
Counsel”
Members:

any
being

of
these
bound by

and
you
have
Goldhamer
&
Nagel Rice, LLP.
the
following

requirements for
this
Settlement.

excluding

been represented
by
the
law
Graifman,
P.C.; Thomas P.
Judge Waldor has
approved
lawyers to
represent
you
and

yourself

will

firms

of

as
other

“Class
Class

Gary
KANTROWITZ,

S.
Graifman,
Esq.
GOLDHAMER &
GRAIFMAN, P.C.
210
Summit Avenue
Montvale,New Jersey 07645
Thomas

P.

Sobran,

Esq.
7
Evergreen
Hingham,
MA

Lane
02043

Bruce H.
Nagel, Esq.
Randee M.
Matloff,
Esq.
NAGEL
RICE, LLP
103
Eisenhower
Parkway
Roseland,
NJ
07068
You

will
not
represented
you
at

be
by
your

charged for
these
another lawyer, you
own
expense.

lawyers.
may
hire

one

If
to

you
want
appear in

to
be
Court for

16. How will the lawyers be paid?
As

part
of
the
resolution
North America
have agreed
of
attorneys’
fees, costs,
Class Representatives between
BMW of
North America
Counsel’s
application
for

of
the
that
Class
expenses,
$1,500,000
has
agreed
an
award

Action, Class Counsel
Counsel
may
apply
and
service payments
and
$3,700,000
in
not
to
object to
of
attorneys’
fees,

and
BMW of
for
an
award
for
the
twenty
the
aggregate.
or
oppose Class
inclusive
of

QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
9
-

costs, expenses,
and
Settlement
Class Representative Services
Payments
up
to
$1,500,000
in
the
aggregate.
The
Parties have agreed that
Class
Counsel
will
not
seek
payment
of
any
amount in
excess of
$3,700,000
in
the
aggregate,
and
that
they
will
submit the
issue to
Judge Waldor to
decide the
exact final award amount.
The
Parties have also
agreed that
Class Counsel
may
apply for
service payments
to
the
Class
Representatives in
the
amount of
$1,000 each ($20,000
in
the
aggregate)
if
awarded
by
Judge Waldor,which will
be
included
in
Class
Counsel’s
final award amount.
The
Class Counsel
attorneys’
fees, costs
expenses,
and
Class Representative service payments,
not
to
exceed $3,700,000
in
the
aggregate,
that
Judge Waldor awards will
be
paid
separate
and
apart from any
relief provided
to
the
Class and
will
not
reduce the
value of
the
benefits distributed
to
Class Members.
Defendant
will
also
separately
pay
the
costs to
administer
the
Settlement.
Judge
Waldor will
determine
the
amount of
attorneys’
fees, costs, expenses,
and
service payments
after evaluating
Plaintiffs’
submission.
17. How do I tell the Court if I don’t like the Settlement?
If

you
don’t like
some part
of
the
Settlement,
you
can
object to
it.
You
can
give
reasons why
you
think Judge Waldor should not
approve it.
To
object, you
must send a
letter to
the
Clerk of
Court saying that
you
object to
the
Settlement
in Gelis, et al.
v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC, Civil Action No.
2:17-cv-07386.
You
must include: (1)
your full
name, current address,current telephone
number,
and
if
you
are
represented
by
a
lawyer other than
Class Counsel,
the
name of
your lawyer and
your lawyer’s
address;
(2)
the
model
year, model, and
VIN of
your Class Vehicle(s)
and
the
date(s) of
purchase
or
lease; (3)
whether the
objection
applies only to
you,
to
a
specific subset of
the
Class, or
to
the
entire Class; (4)
the
reasons
why
you
object and
the
factual and
legal reasons for
your objection
(including
all
relevant documents
that
pertain to
your objection);
(5)
copies
of
relevant repair history and
proof that
you
have owned or
leased the
Class
Vehicle (i.e., a
true
copy of
a
vehicle title, registration,
or
license receipt);
(6)
a
statement
that
you
have reviewed
the
Settlement
Class
definition
and
understand
that
you
are
a
Settlement
Class Member,
and
you
have not
opted out
of
the
Settlement
Class; (7)
a
detailed
list
of
any
other objections
to
any
class action settlements
you
have
submitted
in
the
previous
five
(5)
years to
any
court, whether state,
federal, or
otherwise,
in
the
United States; (8)
a
Notice of
Intention
to
Appear at
the
Final Approval
Hearing,
if
you
intend to
appear
in
person at
the
hearing;
and
(9)
your signature.
The objection
must be mailed to the Court, the Claims Administrator, Class Counsel, and Defendant’s Counsel at the addresses
below.
The
mailed copies must be
postmarked
on
or
before January 19, 2021:
COURT
Clerk of
Court
United States District Court for
the
District of
New Jersey
Rev. Dr.
Martin Luther King, Jr.
Federal
Building
&
U.S.
Courthouse
50
Walnut Street
Newark,
New Jersey 07102
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
10
-

CLAIMS

ADMINISTRATOR

CLASS COUNSEL

Gelis Claims Administrator
c/o
Rust Consulting
7080
PO
Box
14
Minneapolis, MN
55440-0014