The release does not apply to members of the Class who timely opt-out of the Settlement. The Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from the Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, executors, administrators, successors and agents, hereby release, resolve, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below). “Released Parties” specifically includes all corporate affiliates of NMAC and all entities with which NMAC contracts to obtain representatives to place calls. Each named plaintiff and each class member is bound by the terms of 10 sections 2.32, 13.01-13.03 and 13.05 of the Settlement Agreement which provide” 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.32 “Released Parties” means NMAC and each of its respective past, present and future parents, subsidiaries, affiliated companies and corporations, and each of their respective past, present, and future directors, officers, managers, employees, general partners, limited partners, principals, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, divisions, assigns, or related entities, and each of their respective executors, successors, and legal representatives. 109-1) are approved and incorporated into this judgment by this 8 reference. The terms of the Settlement Agreement and Release (“Settlement 7 Agreement” Dkt. 1 2 3 NMAC, any affiliate or subsidiary of NMAC, any entities in which any of 4 such companies have a controlling interest, the staff of the Court, and counsel in this 5 case are excluded from the class. who were not a party to any agreement with NMAC. using equipment that constitutes or may constitute an 06888.0238/16229581.1 Final Judgment automatic telephone dialing system or an artificial or prerecorded voice c. all persons in the United States to whose cellular telephones NMAC placed one or more non-emergency Calls b. This judgment applies to and binds the named plaintiffs, Aram 24 Terteryan, Tatyana Davtyan and Marine Davtyan, the defendant Nissan Motor 25 Acceptance Company LLC, formerly known and sued as Nissan Motor Acceptance 26 Corporation (“NMAC”), and the certified plaintiff settlement class defined as: 27 28 a. 145.) Based on that Order, and good cause 21 appearing, 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 23 1. 17 18 19 On August 29, 2022, this Court entered its Order finally approving the class 20 action settlement of this case. Wu Crtrm 9D – 1st Street FINAL JUDGMENT Action filed: Trial Date: MaNone Set Defendant. 15 NISSAN MOTOR ACCEPTANCE 16 CORPORATION, Case No. 147 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 ARAM TERTERYAN, TATYANA DAVTYAN, and MARINE 12 DAVTYAN, individually and on behalf all others similarly situated, 13 Plaintiff, 14 vs.
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