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Filing #41860951 E-Filed 05/23/2016 04:24:23 PM
IN THE CIRCUIT COURT, OF THE 9™
JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA.
CASE NO.: 2015-CA-002039-O
RAYMOND S. BYNES and LATACIA D.
JOHNSON-BYNES, individually and o/b/o
all others similarly situated,
Plaintiffs,
VS. CLASS REPRESENTATION
CENTRAL FLORIDA AUTO WHOLESALE,
INC., a Florida corporation d/b/a “Deal Time Cars
& Credit,”
Defendant.
/
MOTION AND MEMORANDUM OF LAW FOR
PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT
Plaintiffs, Raymond. S. Bynes and Latacia D. Johnson-Bynes (‘Representative
Plaintiffs”), individually and on behalf of all others similarly situated, pursuant to Rule 1.220,
Florida Rules of Civil Procedure, by and through their undersigned attorney, hereby respectfully
move this Honorable Court for an Order granting preliminary approval of the Class Action
Settlement Agreement in this matter, and in support there of would show as follows:
1 In the instant action, the Representative Plaintiffs have filed a Complaint against
Defendant, Central Florida Auto Wholesale, Inc., a Florida corporation (“CFAW”), asserting that
CFAW violated the requirements of Article 9, Part VI, of the Uniform Commercial Code. In
particular, the Representative Plaintiffs brought the instant action on behalf of themselves and all
other similarly situated consumers who financed through CFAW the purchase of a motor
vehicle, which is a “consumer good,” through the execution of a Retail Installment Sales
Contract (‘Finance Agrecment”), which motor vehicle was voluntarily or involuntarily
repossessed, and who were sent a post-repossession notice that deprived them of their rights
under §679.623, Florida Statutes, or failed to provide the disclosure requirements of §679.614,
Florida Statutes.
2 After extensive settlement negotiations, the parties to this consumer class action
reached a Class Action Settlement Agreement (“Settlement Agreement”).
3 The Settlement Agreement is fair, reasonable, and provides substantial benefits to
the Class and should be given preliminary approval by this Court in all respects.
4 The Representative Plaintiffs have attached hereto for consideration by the Court
the following:
e proposed Preliminary Approval Order as Exhibit “A,” and
e proposed Notice to the Class as Exhibit “B.”
MEMORANDUM OF LAW
I INTRODUCTION
A. Nature of the Lawsuit
A class action lawsuit was filed by the Representative Plaintiffs against CFAW in the
Circuit Court, 9" Judicial Circuit, in and for Orange County, Florida, Case No.: 2015-CA-
002039-O (“Class Action”), alleging that CFAW violated state law with respect to its practices
of repossessing motor vehicles from its borrowers. On bchalf of the Class, the Representative
Plaintiffs alleged that CFAW violated Article 9, Part VI of the Uniform Commercial Code
(“UCC”), by failing to provide borrowers with the statutorily-mandated notice of their legal
rights and obligations after repossession of vehicles in violation of Florida Statute §679.613 and
§679.614, by collecting and/or attempting to collect deficiencies from borrowers which are
precluded by Florida Statute §679.626, and by failing to pay or provide an offset of statutory
damages to borrowers pursuant to Florida Statute §679.625.
In the Complaint, the Representative Plaintiffs sought to recover statutory damages of not
less than the service charge plus ten percent (10%) of the principal amount of the debt financed
for the repossessed personal property or the time price differential plus ten percent (10%) of the
cash price of the repossessed personal property pursuant to Florida Statute §679.625(3)(b)
(effective January 1, 2001).
Defendant has denied liability and have raised defenses, including, but not limited to, that
the Notice complies with the relevant sections of the UCC. The Court has not made a decision
concerning the merits of these claims.
B. Benefits to Class Members
1. Consent Decree by CFAW:
Upon entry of an order of final approval, the Representative Plaintiffs and CFAW will
request the Court enter a consent decree: (a) confirming the agreement of CFAW not to use in
the future the same or substantially same notices of sale in connection with the enforcement of
the security interest in any consumer goods, a representative copy of which is attached to the
Complaint as Exhibit “A”; (b) confirming the agreement of CFAW to report to the credit
bureaus to delete the trade lines of the Class Members; and (c) confirming the agreement of
CFAW not to collect any alleged deficiencics under the finance agreements entered into by the
Class Members with respect to the financing of motor vehicles which are the subject matter of
the instant proceeding.
2. Settlement Proceeds:
CFAW shall pay the sum of $275.00 as and for statutory and actual damages to Class
Member who timely return claim forms (‘Participating Class Members”) through the issuance of
a check (“Settlement Check”) by the Settlement Administrator. CFAW represents that the size
of the Class is approximately five hundred (500) members.
3. Waiver of Deficiency:
CFAW agrees to waive any deficiency arising from the Finance Agreement (“Deficiency
Balance”) of the respective Class Members for the financing of motor vehicles for which the
Repossession Notice was sent. As the parties dispute whether the Deficiency Balances are
enforceable or discharged by operation of law, the notice to the Class shall inform Class
Members that CFAW may issue 1099-C tax reports with respect to same and that Class
Members should consult with their own tax professional at their own expense.
4. Attorney's Fees and Costs:
CFAW agrees to pay the sum of Forty Thousand Dollars ($40,000.00) as and for reasonable
attorney’s fees and costs to Class Counsel. Additionally, CFAW agrees to pay the Representative
Plaintiffs a class representative service award in the total sum of Seven Thousand Five Hundred
Dollars ($5,000) in addition to their recovery as Class Members.
5. Settlement Administration Expense:
CFAW shall contract directly with the Settlement Administrator and shall pay all costs of
settlement administration, distribution and class notice. The Settlement Administration Expense
does not include any attorney’s fees, expenses, costs or disbursements by Class Counsel or
payment of the Settlement Proceeds to Class Members or class representative incentive award
set forth supra.
Il, LEGAL ARGUMENT
Judicial approval of class action settlements requires a two-step process. In the first step,
the court makes a preliminary determination as to whether the settlement falls “within the range
of possible judicial approval." H. Newberg, Newberg on Class Actions (3d Ed. 1993) §11.25,
p.11-37. Once the settlement is found to be within the range of possible approval, a final
approval hearing is scheduled and notice is provided to the class. Id. The second step involves
final determination, following a hearing at which pertinent evidence and any objections by class
members may be considered, that the settlement is fair, reasonable and adequate from the
standpoint of the class. /d. at §11.41. Here, the Court is presented with the initial stage of
preliminarily evaluating the settlement.
In Warren v. City of Tampa, 693 F. Supp. 1051 (M.D. Fla. 1988), aff'd, 893 F.2d 347
(11th Cir. 1989), the District Court described review of class action settlements as follows:
The Court initially recognizes the principal that settlements are
highly favored in the law. Miller v. Republic National Life
Insurance Company, 559 F.2d 426 (Sth Cir. 1977). The Court is
required to make a two-part determination that: 1) there is no fraud
or collusion in reaching settlement, and 2) the settlement is fair,
adequate and reasonable. Bennett v. Behring Corp., 737 F.2d 982
(11th Cir. 1984).
id. at 1054. The evaluation of whether a settlement is fair, reasonable and adequate is
committed to the sound discretion of the trial court. Bennett, 737 F. 2d at 987. In making this
determination, the trial court is entitled to rely upon the judgment of experienced counsel for the
partics. Behrens v. Wometco, 118 F.R.D. 534, 538 (S.D. Fla. 1988), aff'd, 899 F.2d 21 (11th Cir.
1990).
In lieu of a more extended inquiry into the claims asserted, courts have concentrated on
the negotiating process by which the settlement was reached. Weinberger v. Kendrick, 698 F.2d
61, 74 (2d Cir. 1982), corrected on other grounds on pet. for reh'g, [1982-1983 Transfer Binder]
Fed. Sec. L. Rep. (CCH) 499,074 (2d Cir.) cert. denied 464 U.S. 818 (1983). The courts insist
that a settlement be the result of "arm's length negotiations” effected by counsel possessed of
“experience and ability . . . necessary to effective representation of the class’ interests." /d.; 698
F.2d at 74 (citation omitted). Once counsel's experience is established, courts give such
counsel's "opinion . supporting the settlement . . . ‘considerable weight’ ". In re: Saxon
Securities Litigation, supra, [1985-1986 Transfer Binder] Fed. Sec. L. Rep. (CCH) 992,414, at
92,525 (S.D.N.Y. 1985). This is because "the partics' counsel are best able to weigh the relative
strengths and weaknesses of their arguments." /d.
In this case, counsel for the parties have had extensive experience in litigating class
actions. Morcover, counsel for the partics have extensive experience in litigating and negotiating
settlements of consumer protection class actions in particular. The parties negotiated this
settlement after a thorough review and investigation into the factual and legal basis for the
asserted claims and defenses. After lengthy scttlement negotiations, the parties reached the
broad parameters of this settlement. Thereafter, the parties negotiated the precise language and
terms of the settlement agreement, the proposed orders, and the notices. Accordingly, the
settlement was reached aficr extensive investigation and was negotiated at arms' Iength by
experienced and knowledgeable counscl.
The settlement falls well within the range of other settlements in similar consumer
protection class action suits and will produce substantial benefits for the class. The value of
these benefits is enhanced by the fact that they will be provided to class members now without
the delay, burden and the risks of litigation. The Settlement Agreement is fully supported and
recommended by counsel for all parties.
WHEREFORE, for the foregoing reasons, Plaintiffs, Raymond S. Bynes and Latacia D.
Johnson-Bynes, individually and on behalf of all others similarly situated, respectfully move
this Court to enter an order preliminarily approving the Settlement Agreement, certifying the
Class, appointing Class Counsel, providing notice to the class and scheduling the final approval
hearing.
LAW OFFICE OF ROBERT W. MURPHY
/s/ Robert W. Murphy
ROBERT W. MURPHY
Florida Bar No. 717223
1212 S.E. 2 Avenue
Ft. Lauderdale, FL 33316
(954) 763-8660 Telephone
(954) 763-8607 Fax
Counsel for Plaintiffs
Email:rwmurphy@lawfirmmurphy.com and
rphyu@aol.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by email on
May 23, 2016 to Robert E. Sickles, Esquire [rsickles@broadandcassel.com] and John P. Gaset,
Esquire [jgasct@broadandcassel.com], Broad and Cassel, 100 N. Tampa Street, Suite 3500,
Tampa, FL 33602.
/s/ Robert W. Murphy
Attorney
EXHIBIT “A”
IN THE CIRCUIT COURT, OF THE 9™
JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA.
CASE NO.: 2015-CA-002039-0
RAYMOND S. BYNES and LATACIA D.
JOHNSON-BYNES, individually and o/b/o
all others similarly situated,
Plaintiffs,
VS. CLASS REPRESENTATION
CENTRAL FLORIDA AUTO WHOLESALE,
INC., a Florida corporation d/b/a “Deal Time Cars
& Credit,”
Defendant.
/
ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS SETTLEMENT
THIS CAUSE came before the Court on the Motion for Preliminary Approval of
Settlement Agreement filed herein by Plaintiffs, Raymond S. Bynes and Latacia D. Johnson-
Bynes (“the Bynes” or Class Representatives”), individually and on behalf of all others similarly
situated, and Defendant, Central Florida Auto Wholesale, Inc., a Florida corporation, doing
business as “Deal Time Cars & Credit” (“CFAW”). The Court having considered the record
before it and being fully advised in the premises of the proposed class settlement makes the
following findings:
A Plaintiffs and Defendant have entered into a Class Action Settlement Agreement
(“Settlement Agreement”) on , 2016.
B The Settlement Agreement has been submitted to the Court for approval pursuant
to Rule 1.220, Florida Rules of Civil Procedure.
Cc. The parties agreed that pursuant to Rule 1.220, Florida Rules of Civil Procedure,
the Court may certify a class consisting of:
All persons who (a) entered into a finance agreement (“Finance
Agreement”) held by CFAW for the purchase of personal property,
which was a “consumer good” under Fla. Stat. § 679.1021(1)(w), which
was repossessed during the time period from March 5, 2011 to (date of
preliminary approval] (“Applicable Time Period”); (b) who were sent
written notices of the intended sale or disposition of repossessed property
(“UCC Repossession Notices”) in the form or substantially similar form
as Exhibit “A” attached to the Complaint filed in the above action
(“Settlement Class”); excluding from the class, however, those persons
who (i) have filed for bankruptcy under the U.S. Bankruptcy Code,
except for those persons who did not obtain a discharge of the debt
arising from the Finance Agreement, or (ii) entered into a written
repayment agreement, settlement agreement and/or release with CRAW
with respect to the Finance Agreement or deficiency balance owed
thereunder.
(“Settlement Class”or “Class Members”)
D. Under Rule 1.220, Florida Rules of Civil Procedure, a class can be certified when
a plaintiff meets all four requirements of Rule 1.220(a) and one of the requirements of Rule
1.200(b). See, Sosa v. Safeway Premium Finance Co., 73 So.2d 91 (Fla. 2011); InPhyNet Contr.
Servs. V. Soria, 33 So.3d 776, 771 (Fla. 4" DCA 2010). Based on the record presented, the Court
makes the following findings with respect to the appropriateness of certification:
1. Numerosity - The proposed Settlement Class in the instant action consists of
approximately 500 members. As such, the Settlement Class easily satisfies the numerosity
requirement. See, Maner v. Properties, Inc. v. Siksay, 489 So.2d 842 (Fla. 4" DCA 1986).
2. Commonality and Typicality - The claims of the proposed Class
Representatives are not factually distinguishable from the claims of the Class Members. Each
ember’s claim arises from the same course of conduct — that is, the transmission of the post-
repossession notice - which the Class Representatives contend do not comply with the UCC.
Therefore, the requirements of Rule 1.220(a)(2) and (3) are satisfied. See, e.g., Colonial Penn
Insurance Co. v. Magnetic Imaging Sys. I, Ltd., 694 So.2d 852 (Fla. 3“ DCA 1997).
3. Adequacy of Class Representatives - Adequacy of representation is presumed
unless there is evidence to the contrary. See, Gammon v. G.C.Services L.P., 162 F.R.D. 313,
317-319 (M.D.IN.1995). With respect to the issue of adequacy, the Court finds that based on the
record, the Bynes have identical claims to those of the other Class Members and have
demonstrated commitment with respect to the prosecution of this action. Further, the Bynes have
retained counsel who is experienced in class action litigation. Accordingly, the Bynes are
adequate representatives of the Class. Sosa, 73 So.3d at 115.
4, Predominance of Common Questions of Law and Fact and Superiority of
Class Action Process - In addition to meeting the prerequisites of Rule 1.220(a), Florida Rules of
Civil Procedure, an action must satisfy at least one of the three conditions of subdivision (b) of
Rule 1.220, Florida Rules of Civil Procedure. Cases dealing with the legality of standardized
legal documents or conduct are generally appropriate for certification and resolution as a class as
the result of the predominance of common questions or law or fact. See, Amchem Products v.
Windsor, 521 U.S. 591, 117 S.Ct. 2231 (1997). Further, a class action is superior to other
methods to resolve the instant controversy as certification will “achieve economies of time, effort
and expense, and promote uniformity of decision as to persons similarly situated.” Fifth
Moorings Condominium, Inc. v. Shere, 81 F.R.D. 712, 719 (S.D.Fla.1979).
E. Pursuant to the Settlement Agreement, CFAW has agreed :
! To pay the sum of Two Hundred Seventy Five Dollars ($275.00)
(“Settlement Check”) per finance agreement to each class member who timely and properly
submits a Claim Form to the Class Administrator. Only a single settlement check of $275.00
shall be issued for each finance agreement regardless of whether there is more than one borrower
on the finance agreement. CFAW represents that the size of the Class is approximately five
hundred (500) members.
2. That the deficiency balances of the respective Class Members are in
dispute, and that the deficiencies are to be waived by CFAW and discharged by operation of law.
3 To cease reporting any further credit information to the consumer
reporting agencies on the consumer credit report of Class Members relating to the subject finance
agreements.
F. The terms of the Settlement Agreement are fair, reasonable and adequate to the
Settlement Class and provides for benefits which are in the range of similar class settlements.
IT IS HEREBY ORDERED THAT:
1 The Settlement Agreement is preliminarily approved. All terms of the Settlement
Agreement, Class Notice, and official Claim Form are expressly incorporated herein by
reference, and made a part of this Order as if fully set forth herein.
2 The Court preliminarily certifies the Settlement Class, as specifically defined
above, pursuant to Rule 1.220(d)(1), Florida Rules of Civil Procedure.
3 The Court preliminarily approves the Bynes as Class Representatives and they are
hereby appointed Class Representatives for the Settlement Class.
4 The Court preliminarily approves and appoints Robert W. Murphy, Esquire, as
Class Counsel for the Settlement Class.
5 The Court preliminarily approves the proposed forms of the Class Notice and
Claim Form as fair, adequate, reasonable, and consistent with the due process, The Court
specifically finds that the proposed Class Notice and Claim Form give all Class Members
sufficient information to determine whether they are entitled to recovery, clearly outline the
responsibilities of the Class Members, do not impose excessive burdens on the Class Members,
and therefore comply with Rule 1.220, Florida Rules of Civil Procedure, and due process.
6 The Court preliminarily approves the proposed forms of the Class Notice and
Claim Form as fair, reasonable, and adequate as they provide a clearly disclosed right to object
to, or request exclusion from the Class and Settlement Agreement.
1
American Legal Claim Services, LLC is hereby approved as the Settlement
Administrator under the terms and conditions set forth in the Settlement Agreement.
8 The names and addresses of all Class Members shall be provided by CFAW to
American Legal Claim Services, LLC by , 2016.
9 American Legal Claim Services, LLC shall within thirty (30) days of receiving
the names and addresses of all Class Members from CFAW, mail by first class mail a Class
Notice and Claim Form in an envelope bearing the return Post Office address of the Settlement
Administrator to each individual identified as possibly qualifying as a member of the Settlement
Class. The names and last known addresses of these individuals will be identified and
determined from CFAW’s internal records and verified by the Settlement Administrator's
standard practices.
10. Any member of the Settlement Class who objects to the approval of the
Settlement Agreement may appear at the Final Approval Hearing as scheduled below and show
cause why all terms of the proposed Settlement Agreement should not be approved as fair,
reasonable and adequate and why a judgment should not be entered thereon. Any such
objections or any petition to intervene in this action by a Class Member must be in writing, and
must be filed with the Court and served on counsel for CFAW, and Class Counsel no later than
twenty (20) days before the Final Approval Hearing. Any objection must include the name and
number of the case and statement of the reasons why the objector believes that the Court should
find that the proposed settlement is not in the best interests of the Class. Specifically, the
objection must include (a) proof that the objector or intervenor is a Class Member as defined in
the Settlement Agreement; (b) a statement of each objection being made; (c) a detailed
description of the legal authorities underlying each objection; and (d) a list of exhibits, along
with copies of the exhibits, that the objector may proffer at the Final Approval Hearing.
I. The Court shall not consider any objection that does not comply with the
Settlement Agreement or this Order, or which is not timely filed or served as required in the
Settlement Agreement or this Order. No person shall be entitled in any way to contest the
approval of the terms and conditions of the Settlement Agreement or the judgment to be entered
thereon, except by filing and serving written objections in accordance with the provision of
paragraph 10 above, and that any member of the class who fails to object in the manner
prescribed in the Settlement Agreement shall be deemed to have waived, and shall be forever
foreclosed from raising any objections to the settlement and/or the Settlement Agreement, or
asserting claims arising out of, relating to, or based in whole or part on any of the facts or matters
alleged, or which could have been alleged, or which were otherwise at issue in this Action.
12, The Final Approval Hearing will be conducted before the Honorable Judge
Donald A. Myers, Jr., or other presiding judge, in the Circuit Court of the Ninth Judicial Circuit,
in and for Orange County, Florida, Orange County Courthouse, 425 N. Orange Avenue, Orlando,
Florida 32801, in Courtroom #19-B on , 2016 at
a.m./p.m,
13. All proceedings in this action are stayed and Class Members, who do not timely
and validly exclude themselves from the Settlement Agreement, are enjoined from prosecution
of any non-filed and pending individual or class claims asserting any claim(s) encompassed by
the Claims released in Section 4.1 of the Settlement Agreement.
DONE AND ORDERED in Chambers in Orlando, Florida this day of
2016.
DONALD A. MYERS, JR.
CIRCUIT COURT JUDGE
Copies furnished:
Robert W. Murphy, Esquire
1212 S.E. 2" Avenue
Fort Lauderdale, Florida 33316
Robert E. Sickles, Esquire
Broad & Cassel
Regions Bank Building
100 North Tampa Street
Suite 3500
Tampa, Florida 33602
EXHIBIT “B”
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2015-CA-002039-O
RAYMOND S. BYNES, and LATACIA D.
JOHNSON-BYNES, individually and o/b/o
all others similarly situated,
Plaintiffs.
v.
CENTRAL FLORIDA AUTO WHOLESALE, INC.,
a Florida corporation, d/b/a “Deal Time Cars & Credit,”
Defendant.
——SSSSSSSSSSSSSSSSSSSSSSSSSSSS
NOTICE OF PENDENCY OF CLASS ACTION,
PROPOSED SETTLEMENT, HEARING AND CLAIM FORM
TO: ALL PERSONS WHO (a) ENTERED INTO A FINANCE AGREEMENT (“FINANCE AGREEMENT")
HELD BY CENTRAL FLORIDA AUTO WHOLESALE, INC. (“CFAW") FOR THE PURCHASE OF
PERSONAL PROPERTY, WHICH WAS A “CONSUMER GOOD" UNDER FLA. STAT.
§679.1021(1)(W), WHICH WAS REPOSSESSED DURING THE TIME PERIOD BETWEEN MARCH 5,
2011 AND [DATE OF PRELIMININARY APPROVAL] (“APPLICABLE TIME PERIOD"); (b) WHO
WERE SENT WRITTEN NOTICES OF THE INTENDED SALE OR DISPOSITION OF REPOSSESSED
PROPERTY IN THE FORM OR SUBSTANTIALLY SIMILAR FORM AS EXHIBIT “A” ATTACHED
TO THE COMPLAINT FILED IN THE ABOVE ACTION (“SETTLEMENT CLASS"). EXCLUDED
FROM THE SETTLEMENT CLASS, HOWEVER, ARE THOSE PERSONS WHO (i) HAVE FILED FOR
BANKRUPTCY UNDER THE U.S. BANKRUPTCY CODE, EXCEPT FOR THOSE PERSONS WHO
DID NOT OBTAIN A DISCHARGE OF THE DEBT ARISING FROM THE FINANCE AGREEMENT,
OR (ii) ENTERED INTO A WRITTEN REPAYMENT AGREEMENT, SETTLEMENT AGREEMENT,
AND/OR RELEASE WITH CFAW WITH RESPECT TO THE FINANCE AGREEMENT OR
DEFICIENCY BALANCE OWED THEREUNDER.
Please Read This Notice Carefully In Its Entirety
Your Rights May Be Affected By The Settlement
Of This Lawsuit Now Pending In This Court
BASIC INFORMATION
A court authorized this notice because you have a right to know about a Proposed Settlement of this class
action lawsuit against CFAW and about your options before the Court decides whether to give “final
approval” to the Proposed Settlement. This notice explains the lawsuit, the Proposed Settlement, your
legal rights, what benefits will be provided, and who will receive them.
This case is currently pending in the Circuit Court of the Ninth Judicial District, Orange County, Florida,
and is known as Raymond S. Bynes etc v. Central Florida Auto Wholesale, Inc., Case No.: 2015-CA-
002039-0.
The lawsuit is about whether repossession notices and/or post-sale notices of CFAW contained all of the
information and disclosures required by Florida law. Specifically, the lawsuit seeks (i) damages for
violations of Fla. Stat §§ 679.611 and 679.614 of the Uniform Commercial Code (“UCC”); and (ii)
declaratory and injunctive relief.
CFAW denies that its post-repossession notices are in violation of Florida law and maintains that it did not
act wrongfully or unlawfully. CFAW contends that the claims of Raymond S. Bynes and Latacia D.
Johnson-Bynes (hereinafter “Representative Plaintiffs”) have no merit and that, if the lawsuit proceeded,
CFAW would prevail at trial.
The parties have agreed, and the Court has ordered that, for settlement purposes only, this lawsuit may be
maintained as a class action under Rule 1.220, Florida Rules of Procedure, subject to final approval at the
conclusion of the settlement process. If the Proposed Settlement is not finally approved, or if any party
withdraws from the Proposed Settlement, the lawsuit will return to the same status as before the Settlement
Agreement was signed, and the Court will later determine if the case may proceed as a class action.
The Proposed Settlement includes all persons who meet each and every one of the following criteria,
namely persons who (a) entered into a finance agreement (“Finance Agreement”) held by CFAW for the
purchase of personal property, which was a “consumer good” under Fla. Stat. § 679.1021(1)(w), which was
repossessed during the time period from March 5, 2011 to [date of preliminary approval) (“Applicable Time
Period”); (b) who were sent written notices of the intended sale or disposition of repossessed property
(“UCC Repossession Notices”) in the form or substantially similar form as Exhibit “A” attached to the
Complaint filed in the above action (“Settlement Class”). Excluded from the Settlement Class, however, are
those persons who (i) have filed for bankruptcy under the U.S. Bankruptcy Code, except for those persons
who did not obtain a discharge of the debt arising from the Finance Agreement, or (ii) entered into a written
repayment agreement, settlement agreement and/or release with CFAW with respect to the Finance
Agreement or deficiency balance owed thereunder,
You are receiving this Notice because it is believed that you meet the above criteria and that you are a
member of the Class.
There are approximately 500 members of the class.
The parties arrived at the Proposed Settlement as a result of arms-length negotiations between the lawyers
for each side. The parties reached the Proposed Settlement before the Court determined whether class
certification was appropriate. The Proposed Settlement is a compromise of disputed claims and does not
mean that any law was violated or that CFAW did anything wrong.
THE PROPOSED SETTLEMENT BENEFITS
The Proposed Settlement provides both equitable and monetary benefits (“Settlement Benefits”):
. CFAW has declared that it no longer sends the form UCC Repossession Notices that allegedly did
not comply with all of the UCC requirements, and has represented that it will not use those notices
in the future,
CFAW will waive all outstanding balances and/or deficiency balances allegedly owed in
connection with the Finance Agreement of the Class Members whose personal property was were
sold by CFAW following repossession. The aggregate of the outstanding balances and/or deficiency
balances is estimated to total $ .00. The waiver of such balances may have significant
adverse tax consequences to Class Members as discussed in Paragraph 10 below.
CFAW shall cease reporting any further adverse credit information on the consumer report of Class
Members with respect to any Finance Agreement subject to the instant settlement,
CFAW shall pay to each Class Member who timely submits a claim form (‘Participating Class
Member”) a check in the sum of $275.00 (“Settlement Check”) as and for statutory and actual
damages, fines or any other liability (see Question 14). The Settlement Check will be sent to the
address of the Class Member.
Any monies from any Settlement Checks that remain uncashed after 90 days from the date of issuance will
be given to Mid-Florida Legal Aid for the purpose of providing financial resources for continuing legal
education in consumer law issues.
More details are in a document called the Settlement Agreement, which is available for your inspection at
the Office of the Clerk of Circuit Court, Orange County Courthouse, 425 N. Orange Avenue, Orlando,
Florida 32801 during normal business hours.
The Court will hold a final approval hearing on , 2016 at a.m. to decide whether
to approve the Proposed Settlement (see Question 17) including the request for attorneys’ fees and litigation
expenses (see Question 14). Even if the Court approves the Proposed Settlement, there could be appeals.
The time for an appeal varies.
The Proposed Settlement becomes final and binding on the Effective Date. If no appeals are taken, the
Effective Date is the date on which the Court approves the Proposed Settlement as final, subject to certain
conditions. If an appeal is taken, the Effective Date is the date when all appeals are completed and the
Proposed Settlement becomes final.
The Proposed Settlement will go into effect on the Effective Date.
If the Proposed Settlement is finally approved, the Court will enter a judgment dismissing all claims against
CFAW with prejudice. Under the terms of the Proposed Settlement, you will release CFAW with respect to
the claims that were raised or could have been raised in the case. This means you cannot seek equitable
relief or any type of monetary relief against CFAW based on any claim related to or arising out of the
repossession of your personal property and your finance agreement involved in this case. The release shall
not extend to claims for bodily injury or under the Telephone Consumer Protection Act. You will be giving
up all such claims, whether or not you know about them.
Your interests as a member of the Class will be represented by the Representative Plaintiffs and Class
Counsel. You will not be billed for their services. Class Counsel will receive a fee only if the Court
approves the Proposed Settlement, and the fee award will be set by the Court and paid by CFAW (see
Question 14),
The Court's order will apply to you even if you objected or have any other claim, lawsuit, or proceeding
pending against CFAW. If you have any questions about the release, you should consult with a lawyer.
ERE aC rs re cristal Ve Me PA
Ce Sole MERU) MEET) SE tal
Potash BESS oh aed
If you do nothing, you will be part of the Class. That means you cannot sue CFAW over the claims settled
in this case. It also means that all of the Court's orders, including the release of claims and dismissal of the
lawsuit with prejudice (see Question 8), will apply to you and legally bind you.
IMPORTANT INFORMATION CONCERNING TAX CONSEQUENCES
OF PROPOSED SETTLEMENT
SU ASY Mise COR MCU Cee me cmaconaied
The waiver of deficiency balances of the respective Class Members involve disputed debts which the Class
Representatives contend are discharged by operation of law and which CFAW contends are enforceable.
CFAW may issue a Form 1099-C tax report which will report as income to you any deficiency balance
waived as a result of the settlement. As a result, the settlement may have significant adverse tax
consequences and you should seek the advice of a tax professional if you have any questions concerning the
taxation of settlement benefits and whether you should remove yourself from the Proposed Settlement
pursuant to Paragraph 12 below.
GETTING MONEY FROM THE PROPOSED SETTLEMENT
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You must fully complete and timely return the attached Claim Form postmarked by +2016 in
order to receive a $275.00 Settlement Check. If the Court grants final approval of the settlement, a
Settlement Check will be distributed by the Settlement Administrator to all Participating Class Members by
mail.
EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT
If you want to keep your right to sue CFAW with respect to the notices you received relating to the
repossession of your personal property or with respect to any other legal claim, you must take steps to
remove yourself from the Proposed Settlement. This is called asking to be excluded from — or “opting out”
of- the Class and the Proposed Settlement.
If you choose to exclude yourself from the Class, you will not be bound by any order, judgment or
settlement of the lawsuit. If you exclude yourself from the Class, you will not receive any benefits from this
class action. You will retain and be free to pursue any claim against CFAW based on the notice(s) you
received after repossession of your personal property or based on your installment sales contract.
If you exclude yourself from the Class, CFAW may still issue a 1099-C tax report which will report as
income any deficiency balance waived as a result of the settlement as described in paragraph 10 above.
To exclude yourself from the Proposed Settlement, you must send a letter or other written notice saying that
you want to be excluded from the Class in Bynes v. Central Florida Auto Wholesale. You must include your
full name, current mailing address, and telephone number, and the letter must be signed by you personally.
An exclusion form has also been included with this notice for your use. Your letter or exclusion form
requesting exclusion must be postmarked and sent to the following by 2016,
Bynes Class Action
Settlement Administrator
American Legal Claim Services, LLC
5985 Richard Street, Suite 3
Jacksonville, FL 32216
You cannot exclude yourself on the phone or by email.
THE LAWYER REPRESENTING YOU
Yes. The Court has appointed Robert W. Murphy to represent you and the other Class Members in this
case. Mr. Murphy is called Class Counsel.
You will not be charged for Mr. Murphy’s representation. Class Counsel’s compensation will be paid by
CFAW. If you want to be represented by another lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court to approve attorneys’ fees and expenses to be paid by CFAW. As for fees
and costs, Class Counsel will ask the Court to award attorney’s fees in the sum of $40,000.00 (“Attorney
Fee Request”).
Class Counsel will also ask the Court to approve a service award of $7,500 (“Service Award”) to be paid by
CFAW to the Representative Plaintiffs for the time and resources they have spent helping Class Counsel on
behalf of the whole Class, to be paid to the Representative Plaintiffs in addition to any Settlement Check.
The Court may award less than the requested amount.
The cost of administering the Settlement, including the expense of sending this Notice and any settlement
checks will also be paid by CFAW.
No Class Member will owe or pay anything directly for attorney's fees and expenses or the incentive award.
Any award of attorney's fees and expenses as well as the incentive award will be paid by CFAW.
The Court must approve both the Attorney Fee Request for Class Counsel and the Service Award for the
Representative Plaintiffs. The Court will conduct a hearing on attorney's fees and litigation expenses at the
same time of the final approval hearing.
OBJECTING TO THE PROPOSED SETTLEMENT
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You may object to any part of the Proposed Settlement. To do so, you must file a written objection in the
case Raymond S. Bynes etc v. Central Florida Auto Wholesale, Inc., Case No.: 2015-CA-002039-0. Any
objection must set forth your full name, current mailing address and telephone number and must include: (a)
a written statement explaining the reasons for your objection; (b) copies of any papers, briefs, or other
documents you want to bring to the Court's attention; (c) any evidence you wish to introduce in support of
your objection; and (d) a statement of whether you or your lawyer will ask to appear at the final approval
hearing to talk about your objections.
Your objection must be mailed or otherwise delivered to each of the following addresses so that it is
received by____ i, 2016:
Court Settlement Administrator
Clerk of the Circuit Court Bynes Class Action
Orange County Courthouse Settlement Administrator
425 N. Orange Avenue American Legal Claim Services, LLC
Orlando, FL 32801 5985 Richard Street, Suite 3
Jacksonville, FL 32216
Class Counsel CFAW’ s. Counsel
Robert W. Murphy, Esquire Robert E. Sickles, Esquire
1212 SE 2™ Avenue Broad & Cassel
Fort Lauderdale, FL 33316 Regions Bank Building
100 North Tampa Street, Suite 3500
Tampa, FL 33602
If you or your lawyer asks to appear at the final approval hearing, in addition to providing the above
information, you must include in your objection letter: (a) the points you wish to speak about at the hearing;
(b) copies of documents you intend to rely upon at the hearing; (c) the amount of time you request for
speaking at the hearing; and (d) whether you intend to have a lawyer speak on your behalf.
If you intend to have a lawyer present, your lawyer must file a written notice of appearance of counsel with
the Clerk of the Court no later than , 2016.
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Objecting is simply telling the Court that you do not like something about the Proposed Settlement. You
can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be
part of the Class. If you exclude yourself from the Class, you have no basis to object because the case no
longer affects you.
THE COURT’S FINAL APPROVAL HEARING
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The Court will hold a final approval hearing to decide whether the Proposed Settlement is fair, reasonable,
and adequate and should be granted final approval. The Court will also consider whether to award
attorney's fees and other expenses to Class Counsel, whether to provide an incentive award to the
Representative Plaintiffs, and whether to enter a final judgment and dismiss the lawsuit. If there are
objections, the Court will consider them. You may attend and you may ask to speak.
The final approval hearing will be on —_— 2016 at a.m., before the Honorable Judge
Donald A. Myers, Jr., Circuit Court of the 9° Judicial Circuit, in and for Orange County, Florida, Orange
County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, in Judge Myers’ Courtroom.
The Proposed Settlement may be approved by the Court with modifications, and without further notice, if
consented to by the Representative Plaintiffs and CFAW and their respective attorneys in accordance with
the terms of the Settlement Agreement.
No. Class Counsel will answer any questions the Court may have. If you send a written objection, you do
not have to come to the final approval hearing to talk about it. As long as you mailed your written objection
on time and according to the Court’s rules, the Court will consider it. You may also pay your own lawyer
to attend the final approval hearing, but it is not necessary.
IF YOU Do NOTHING
You have the right to do nothing. If you do nothing, you will remain part of the Class and you will not be
able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against CFAW about the
claims in this case, ever again. You will receive all the Settlement Benefits described in Paragraph 6 above.
Further, the tax consequences of the Settlement described in Paragraph 10 above will apply.
GETTING MORE INFORMATION
Tf you have any questions concerning the matters dealt with in this notice, please direct your inquiries to the
following Class Counsel:
Robert W. Murphy, Esquire
1212 S.E. 2nd Avenue
Fi. Lauderdale, Florida 33316
Email: rwmurphy @lawfirmmurphy.com
The pleadings and other records in this litigation are available and may be examined and copied during
regular office hours at the Office of the Clerk of Circuit Court, Orange County Courthouse, 425 N. Orange
Avenue, Orlando, Florida 32801. PLEASE DO NOT TELEPHONE THE CLERK’S OFFICE OR THE
JUDGE’S CHAMBERS CONCERNING THIS NOTICE OR THIS CASE.
IMPORTANT DEADLINES:
1 Submitting a Claim Form: To be valid, you must complete, sign and mail your Claim Form
to the Settlement Administrator. The Claim Form must be postmarked by , 2016.
2. Submitting a Request for Exclusion Form: If you want to exclude yourself from the Class,
you must complete, sign and mail your Request for Exclusion Form to the Settlement Administrator. The
Request for Exclusion Form must be postmarked by , 2016.
3. Objections to Settlement: If you want to be object to the settlement (and you have not
requested to be excluded), you must file your written objection with the Clerk of Court with a postmark date
before , 2016.
FESS SESS OCI CHOICE IORI II
IF YOU HAVE ANY QUESTIONS ABOUT THIS CLASS ACTION, please contact:
Robert W, Murphy, Esquire
1212 SE2' Avenue
Fort Lauderdale, FL 33316
Telephone: (954) 763-8660
or
E-mail: rwmurphy@lawfirmmurphy.com
BYNES v. CENTRAL FLORIDA AUTO WHOLESALE, INC. CLASS ACTION
THIS FORM MUST BE POSTMARKED BY , 2016 IF YOU WANT TO
RECEIVE YOUR SETTLEMENT CHECK OR BY , 2016 IF YOU
WANT TO BE EXCLUDED FROM THE CLASS.
IF YOU WANT TO PARTICIPATE IN THE SETTLEMENT OR EXCLUDE YOURSELF
FROM THE SETTLEMENT, THEN YOU MUST MAIL IN THIS FORM TO:
Bynes v. CFAW, Inc. Class Action,
American Legal Claims Services, LLC, 5985 Richard Street, Suite 3, Jacksonville, FL 32216
Claim Form
Check only one box below:
a Yes, I want to receive a Settlement Check in the sum of $275.00.
Signature:
(Note: to be effective, the Claim Form must be signed)
Preview
Filing #41860951 E-Filed 05/23/2016 04:24:23 PM IN THE CIRCUIT COURT, OF THE 9™ JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE NO.: 2015-CA-002039-O RAYMOND S. BYNES and LATACIA D. JOHNSON-BYNES, individually and o/b/o all others similarly situated, Plaintiffs, VS. CLASS REPRESENTATION CENTRAL FLORIDA AUTO WHOLESALE, INC., a Florida corporation d/b/a “Deal Time Cars & Credit,” Defendant. / MOTION AND MEMORANDUM OF LAW FOR PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT Plaintiffs, Raymond. S. Bynes and Latacia D. Johnson-Bynes (‘Representative Plaintiffs”), individually and on behalf of all others similarly situated, pursuant to Rule 1.220, Florida Rules of Civil Procedure, by and through their undersigned attorney, hereby respectfully move this Honorable Court for an Order granting preliminary approval of the Class Action Settlement Agreement in this matter, and in support there of would show as follows: 1 In the instant action, the Representative Plaintiffs have filed a Complaint against Defendant, Central Florida Auto Wholesale, Inc., a Florida corporation (“CFAW”), asserting that CFAW violated the requirements of Article 9, Part VI, of the Uniform Commercial Code. In particular, the Representative Plaintiffs brought the instant action on behalf of themselves and all other similarly situated consumers who financed through CFAW the purchase of a motor vehicle, which is a “consumer good,” through the execution of a Retail Installment Sales Contract (‘Finance Agrecment”), which motor vehicle was voluntarily or involuntarily repossessed, and who were sent a post-repossession notice that deprived them of their rights under §679.623, Florida Statutes, or failed to provide the disclosure requirements of §679.614, Florida Statutes. 2 After extensive settlement negotiations, the parties to this consumer class action reached a Class Action Settlement Agreement (“Settlement Agreement”). 3 The Settlement Agreement is fair, reasonable, and provides substantial benefits to the Class and should be given preliminary approval by this Court in all respects. 4 The Representative Plaintiffs have attached hereto for consideration by the Court the following: e proposed Preliminary Approval Order as Exhibit “A,” and e proposed Notice to the Class as Exhibit “B.” MEMORANDUM OF LAW I INTRODUCTION A. Nature of the Lawsuit A class action lawsuit was filed by the Representative Plaintiffs against CFAW in the Circuit Court, 9" Judicial Circuit, in and for Orange County, Florida, Case No.: 2015-CA- 002039-O (“Class Action”), alleging that CFAW violated state law with respect to its practices of repossessing motor vehicles from its borrowers. On bchalf of the Class, the Representative Plaintiffs alleged that CFAW violated Article 9, Part VI of the Uniform Commercial Code (“UCC”), by failing to provide borrowers with the statutorily-mandated notice of their legal rights and obligations after repossession of vehicles in violation of Florida Statute §679.613 and §679.614, by collecting and/or attempting to collect deficiencies from borrowers which are precluded by Florida Statute §679.626, and by failing to pay or provide an offset of statutory damages to borrowers pursuant to Florida Statute §679.625. In the Complaint, the Representative Plaintiffs sought to recover statutory damages of not less than the service charge plus ten percent (10%) of the principal amount of the debt financed for the repossessed personal property or the time price differential plus ten percent (10%) of the cash price of the repossessed personal property pursuant to Florida Statute §679.625(3)(b) (effective January 1, 2001). Defendant has denied liability and have raised defenses, including, but not limited to, that the Notice complies with the relevant sections of the UCC. The Court has not made a decision concerning the merits of these claims. B. Benefits to Class Members 1. Consent Decree by CFAW: Upon entry of an order of final approval, the Representative Plaintiffs and CFAW will request the Court enter a consent decree: (a) confirming the agreement of CFAW not to use in the future the same or substantially same notices of sale in connection with the enforcement of the security interest in any consumer goods, a representative copy of which is attached to the Complaint as Exhibit “A”; (b) confirming the agreement of CFAW to report to the credit bureaus to delete the trade lines of the Class Members; and (c) confirming the agreement of CFAW not to collect any alleged deficiencics under the finance agreements entered into by the Class Members with respect to the financing of motor vehicles which are the subject matter of the instant proceeding. 2. Settlement Proceeds: CFAW shall pay the sum of $275.00 as and for statutory and actual damages to Class Member who timely return claim forms (‘Participating Class Members”) through the issuance of a check (“Settlement Check”) by the Settlement Administrator. CFAW represents that the size of the Class is approximately five hundred (500) members. 3. Waiver of Deficiency: CFAW agrees to waive any deficiency arising from the Finance Agreement (“Deficiency Balance”) of the respective Class Members for the financing of motor vehicles for which the Repossession Notice was sent. As the parties dispute whether the Deficiency Balances are enforceable or discharged by operation of law, the notice to the Class shall inform Class Members that CFAW may issue 1099-C tax reports with respect to same and that Class Members should consult with their own tax professional at their own expense. 4. Attorney's Fees and Costs: CFAW agrees to pay the sum of Forty Thousand Dollars ($40,000.00) as and for reasonable attorney’s fees and costs to Class Counsel. Additionally, CFAW agrees to pay the Representative Plaintiffs a class representative service award in the total sum of Seven Thousand Five Hundred Dollars ($5,000) in addition to their recovery as Class Members. 5. Settlement Administration Expense: CFAW shall contract directly with the Settlement Administrator and shall pay all costs of settlement administration, distribution and class notice. The Settlement Administration Expense does not include any attorney’s fees, expenses, costs or disbursements by Class Counsel or payment of the Settlement Proceeds to Class Members or class representative incentive award set forth supra. Il, LEGAL ARGUMENT Judicial approval of class action settlements requires a two-step process. In the first step, the court makes a preliminary determination as to whether the settlement falls “within the range of possible judicial approval." H. Newberg, Newberg on Class Actions (3d Ed. 1993) §11.25, p.11-37. Once the settlement is found to be within the range of possible approval, a final approval hearing is scheduled and notice is provided to the class. Id. The second step involves final determination, following a hearing at which pertinent evidence and any objections by class members may be considered, that the settlement is fair, reasonable and adequate from the standpoint of the class. /d. at §11.41. Here, the Court is presented with the initial stage of preliminarily evaluating the settlement. In Warren v. City of Tampa, 693 F. Supp. 1051 (M.D. Fla. 1988), aff'd, 893 F.2d 347 (11th Cir. 1989), the District Court described review of class action settlements as follows: The Court initially recognizes the principal that settlements are highly favored in the law. Miller v. Republic National Life Insurance Company, 559 F.2d 426 (Sth Cir. 1977). The Court is required to make a two-part determination that: 1) there is no fraud or collusion in reaching settlement, and 2) the settlement is fair, adequate and reasonable. Bennett v. Behring Corp., 737 F.2d 982 (11th Cir. 1984). id. at 1054. The evaluation of whether a settlement is fair, reasonable and adequate is committed to the sound discretion of the trial court. Bennett, 737 F. 2d at 987. In making this determination, the trial court is entitled to rely upon the judgment of experienced counsel for the partics. Behrens v. Wometco, 118 F.R.D. 534, 538 (S.D. Fla. 1988), aff'd, 899 F.2d 21 (11th Cir. 1990). In lieu of a more extended inquiry into the claims asserted, courts have concentrated on the negotiating process by which the settlement was reached. Weinberger v. Kendrick, 698 F.2d 61, 74 (2d Cir. 1982), corrected on other grounds on pet. for reh'g, [1982-1983 Transfer Binder] Fed. Sec. L. Rep. (CCH) 499,074 (2d Cir.) cert. denied 464 U.S. 818 (1983). The courts insist that a settlement be the result of "arm's length negotiations” effected by counsel possessed of “experience and ability . . . necessary to effective representation of the class’ interests." /d.; 698 F.2d at 74 (citation omitted). Once counsel's experience is established, courts give such counsel's "opinion . supporting the settlement . . . ‘considerable weight’ ". In re: Saxon Securities Litigation, supra, [1985-1986 Transfer Binder] Fed. Sec. L. Rep. (CCH) 992,414, at 92,525 (S.D.N.Y. 1985). This is because "the partics' counsel are best able to weigh the relative strengths and weaknesses of their arguments." /d. In this case, counsel for the parties have had extensive experience in litigating class actions. Morcover, counsel for the partics have extensive experience in litigating and negotiating settlements of consumer protection class actions in particular. The parties negotiated this settlement after a thorough review and investigation into the factual and legal basis for the asserted claims and defenses. After lengthy scttlement negotiations, the parties reached the broad parameters of this settlement. Thereafter, the parties negotiated the precise language and terms of the settlement agreement, the proposed orders, and the notices. Accordingly, the settlement was reached aficr extensive investigation and was negotiated at arms' Iength by experienced and knowledgeable counscl. The settlement falls well within the range of other settlements in similar consumer protection class action suits and will produce substantial benefits for the class. The value of these benefits is enhanced by the fact that they will be provided to class members now without the delay, burden and the risks of litigation. The Settlement Agreement is fully supported and recommended by counsel for all parties. WHEREFORE, for the foregoing reasons, Plaintiffs, Raymond S. Bynes and Latacia D. Johnson-Bynes, individually and on behalf of all others similarly situated, respectfully move this Court to enter an order preliminarily approving the Settlement Agreement, certifying the Class, appointing Class Counsel, providing notice to the class and scheduling the final approval hearing. LAW OFFICE OF ROBERT W. MURPHY /s/ Robert W. Murphy ROBERT W. MURPHY Florida Bar No. 717223 1212 S.E. 2 Avenue Ft. Lauderdale, FL 33316 (954) 763-8660 Telephone (954) 763-8607 Fax Counsel for Plaintiffs Email:rwmurphy@lawfirmmurphy.com and rphyu@aol.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished by email on May 23, 2016 to Robert E. Sickles, Esquire [rsickles@broadandcassel.com] and John P. Gaset, Esquire [jgasct@broadandcassel.com], Broad and Cassel, 100 N. Tampa Street, Suite 3500, Tampa, FL 33602. /s/ Robert W. Murphy Attorney EXHIBIT “A” IN THE CIRCUIT COURT, OF THE 9™ JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE NO.: 2015-CA-002039-0 RAYMOND S. BYNES and LATACIA D. JOHNSON-BYNES, individually and o/b/o all others similarly situated, Plaintiffs, VS. CLASS REPRESENTATION CENTRAL FLORIDA AUTO WHOLESALE, INC., a Florida corporation d/b/a “Deal Time Cars & Credit,” Defendant. / ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT THIS CAUSE came before the Court on the Motion for Preliminary Approval of Settlement Agreement filed herein by Plaintiffs, Raymond S. Bynes and Latacia D. Johnson- Bynes (“the Bynes” or Class Representatives”), individually and on behalf of all others similarly situated, and Defendant, Central Florida Auto Wholesale, Inc., a Florida corporation, doing business as “Deal Time Cars & Credit” (“CFAW”). The Court having considered the record before it and being fully advised in the premises of the proposed class settlement makes the following findings: A Plaintiffs and Defendant have entered into a Class Action Settlement Agreement (“Settlement Agreement”) on , 2016. B The Settlement Agreement has been submitted to the Court for approval pursuant to Rule 1.220, Florida Rules of Civil Procedure. Cc. The parties agreed that pursuant to Rule 1.220, Florida Rules of Civil Procedure, the Court may certify a class consisting of: All persons who (a) entered into a finance agreement (“Finance Agreement”) held by CFAW for the purchase of personal property, which was a “consumer good” under Fla. Stat. § 679.1021(1)(w), which was repossessed during the time period from March 5, 2011 to (date of preliminary approval] (“Applicable Time Period”); (b) who were sent written notices of the intended sale or disposition of repossessed property (“UCC Repossession Notices”) in the form or substantially similar form as Exhibit “A” attached to the Complaint filed in the above action (“Settlement Class”); excluding from the class, however, those persons who (i) have filed for bankruptcy under the U.S. Bankruptcy Code, except for those persons who did not obtain a discharge of the debt arising from the Finance Agreement, or (ii) entered into a written repayment agreement, settlement agreement and/or release with CRAW with respect to the Finance Agreement or deficiency balance owed thereunder. (“Settlement Class”or “Class Members”) D. Under Rule 1.220, Florida Rules of Civil Procedure, a class can be certified when a plaintiff meets all four requirements of Rule 1.220(a) and one of the requirements of Rule 1.200(b). See, Sosa v. Safeway Premium Finance Co., 73 So.2d 91 (Fla. 2011); InPhyNet Contr. Servs. V. Soria, 33 So.3d 776, 771 (Fla. 4" DCA 2010). Based on the record presented, the Court makes the following findings with respect to the appropriateness of certification: 1. Numerosity - The proposed Settlement Class in the instant action consists of approximately 500 members. As such, the Settlement Class easily satisfies the numerosity requirement. See, Maner v. Properties, Inc. v. Siksay, 489 So.2d 842 (Fla. 4" DCA 1986). 2. Commonality and Typicality - The claims of the proposed Class Representatives are not factually distinguishable from the claims of the Class Members. Each ember’s claim arises from the same course of conduct — that is, the transmission of the post- repossession notice - which the Class Representatives contend do not comply with the UCC. Therefore, the requirements of Rule 1.220(a)(2) and (3) are satisfied. See, e.g., Colonial Penn Insurance Co. v. Magnetic Imaging Sys. I, Ltd., 694 So.2d 852 (Fla. 3“ DCA 1997). 3. Adequacy of Class Representatives - Adequacy of representation is presumed unless there is evidence to the contrary. See, Gammon v. G.C.Services L.P., 162 F.R.D. 313, 317-319 (M.D.IN.1995). With respect to the issue of adequacy, the Court finds that based on the record, the Bynes have identical claims to those of the other Class Members and have demonstrated commitment with respect to the prosecution of this action. Further, the Bynes have retained counsel who is experienced in class action litigation. Accordingly, the Bynes are adequate representatives of the Class. Sosa, 73 So.3d at 115. 4, Predominance of Common Questions of Law and Fact and Superiority of Class Action Process - In addition to meeting the prerequisites of Rule 1.220(a), Florida Rules of Civil Procedure, an action must satisfy at least one of the three conditions of subdivision (b) of Rule 1.220, Florida Rules of Civil Procedure. Cases dealing with the legality of standardized legal documents or conduct are generally appropriate for certification and resolution as a class as the result of the predominance of common questions or law or fact. See, Amchem Products v. Windsor, 521 U.S. 591, 117 S.Ct. 2231 (1997). Further, a class action is superior to other methods to resolve the instant controversy as certification will “achieve economies of time, effort and expense, and promote uniformity of decision as to persons similarly situated.” Fifth Moorings Condominium, Inc. v. Shere, 81 F.R.D. 712, 719 (S.D.Fla.1979). E. Pursuant to the Settlement Agreement, CFAW has agreed : ! To pay the sum of Two Hundred Seventy Five Dollars ($275.00) (“Settlement Check”) per finance agreement to each class member who timely and properly submits a Claim Form to the Class Administrator. Only a single settlement check of $275.00 shall be issued for each finance agreement regardless of whether there is more than one borrower on the finance agreement. CFAW represents that the size of the Class is approximately five hundred (500) members. 2. That the deficiency balances of the respective Class Members are in dispute, and that the deficiencies are to be waived by CFAW and discharged by operation of law. 3 To cease reporting any further credit information to the consumer reporting agencies on the consumer credit report of Class Members relating to the subject finance agreements. F. The terms of the Settlement Agreement are fair, reasonable and adequate to the Settlement Class and provides for benefits which are in the range of similar class settlements. IT IS HEREBY ORDERED THAT: 1 The Settlement Agreement is preliminarily approved. All terms of the Settlement Agreement, Class Notice, and official Claim Form are expressly incorporated herein by reference, and made a part of this Order as if fully set forth herein. 2 The Court preliminarily certifies the Settlement Class, as specifically defined above, pursuant to Rule 1.220(d)(1), Florida Rules of Civil Procedure. 3 The Court preliminarily approves the Bynes as Class Representatives and they are hereby appointed Class Representatives for the Settlement Class. 4 The Court preliminarily approves and appoints Robert W. Murphy, Esquire, as Class Counsel for the Settlement Class. 5 The Court preliminarily approves the proposed forms of the Class Notice and Claim Form as fair, adequate, reasonable, and consistent with the due process, The Court specifically finds that the proposed Class Notice and Claim Form give all Class Members sufficient information to determine whether they are entitled to recovery, clearly outline the responsibilities of the Class Members, do not impose excessive burdens on the Class Members, and therefore comply with Rule 1.220, Florida Rules of Civil Procedure, and due process. 6 The Court preliminarily approves the proposed forms of the Class Notice and Claim Form as fair, reasonable, and adequate as they provide a clearly disclosed right to object to, or request exclusion from the Class and Settlement Agreement. 1 American Legal Claim Services, LLC is hereby approved as the Settlement Administrator under the terms and conditions set forth in the Settlement Agreement. 8 The names and addresses of all Class Members shall be provided by CFAW to American Legal Claim Services, LLC by , 2016. 9 American Legal Claim Services, LLC shall within thirty (30) days of receiving the names and addresses of all Class Members from CFAW, mail by first class mail a Class Notice and Claim Form in an envelope bearing the return Post Office address of the Settlement Administrator to each individual identified as possibly qualifying as a member of the Settlement Class. The names and last known addresses of these individuals will be identified and determined from CFAW’s internal records and verified by the Settlement Administrator's standard practices. 10. Any member of the Settlement Class who objects to the approval of the Settlement Agreement may appear at the Final Approval Hearing as scheduled below and show cause why all terms of the proposed Settlement Agreement should not be approved as fair, reasonable and adequate and why a judgment should not be entered thereon. Any such objections or any petition to intervene in this action by a Class Member must be in writing, and must be filed with the Court and served on counsel for CFAW, and Class Counsel no later than twenty (20) days before the Final Approval Hearing. Any objection must include the name and number of the case and statement of the reasons why the objector believes that the Court should find that the proposed settlement is not in the best interests of the Class. Specifically, the objection must include (a) proof that the objector or intervenor is a Class Member as defined in the Settlement Agreement; (b) a statement of each objection being made; (c) a detailed description of the legal authorities underlying each objection; and (d) a list of exhibits, along with copies of the exhibits, that the objector may proffer at the Final Approval Hearing. I. The Court shall not consider any objection that does not comply with the Settlement Agreement or this Order, or which is not timely filed or served as required in the Settlement Agreement or this Order. No person shall be entitled in any way to contest the approval of the terms and conditions of the Settlement Agreement or the judgment to be entered thereon, except by filing and serving written objections in accordance with the provision of paragraph 10 above, and that any member of the class who fails to object in the manner prescribed in the Settlement Agreement shall be deemed to have waived, and shall be forever foreclosed from raising any objections to the settlement and/or the Settlement Agreement, or asserting claims arising out of, relating to, or based in whole or part on any of the facts or matters alleged, or which could have been alleged, or which were otherwise at issue in this Action. 12, The Final Approval Hearing will be conducted before the Honorable Judge Donald A. Myers, Jr., or other presiding judge, in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, in Courtroom #19-B on , 2016 at a.m./p.m, 13. All proceedings in this action are stayed and Class Members, who do not timely and validly exclude themselves from the Settlement Agreement, are enjoined from prosecution of any non-filed and pending individual or class claims asserting any claim(s) encompassed by the Claims released in Section 4.1 of the Settlement Agreement. DONE AND ORDERED in Chambers in Orlando, Florida this day of 2016. DONALD A. MYERS, JR. CIRCUIT COURT JUDGE Copies furnished: Robert W. Murphy, Esquire 1212 S.E. 2" Avenue Fort Lauderdale, Florida 33316 Robert E. Sickles, Esquire Broad & Cassel Regions Bank Building 100 North Tampa Street Suite 3500 Tampa, Florida 33602 EXHIBIT “B” IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2015-CA-002039-O RAYMOND S. BYNES, and LATACIA D. JOHNSON-BYNES, individually and o/b/o all others similarly situated, Plaintiffs. v. CENTRAL FLORIDA AUTO WHOLESALE, INC., a Florida corporation, d/b/a “Deal Time Cars & Credit,” Defendant. ——SSSSSSSSSSSSSSSSSSSSSSSSSSSS NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT, HEARING AND CLAIM FORM TO: ALL PERSONS WHO (a) ENTERED INTO A FINANCE AGREEMENT (“FINANCE AGREEMENT") HELD BY CENTRAL FLORIDA AUTO WHOLESALE, INC. (“CFAW") FOR THE PURCHASE OF PERSONAL PROPERTY, WHICH WAS A “CONSUMER GOOD" UNDER FLA. STAT. §679.1021(1)(W), WHICH WAS REPOSSESSED DURING THE TIME PERIOD BETWEEN MARCH 5, 2011 AND [DATE OF PRELIMININARY APPROVAL] (“APPLICABLE TIME PERIOD"); (b) WHO WERE SENT WRITTEN NOTICES OF THE INTENDED SALE OR DISPOSITION OF REPOSSESSED PROPERTY IN THE FORM OR SUBSTANTIALLY SIMILAR FORM AS EXHIBIT “A” ATTACHED TO THE COMPLAINT FILED IN THE ABOVE ACTION (“SETTLEMENT CLASS"). EXCLUDED FROM THE SETTLEMENT CLASS, HOWEVER, ARE THOSE PERSONS WHO (i) HAVE FILED FOR BANKRUPTCY UNDER THE U.S. BANKRUPTCY CODE, EXCEPT FOR THOSE PERSONS WHO DID NOT OBTAIN A DISCHARGE OF THE DEBT ARISING FROM THE FINANCE AGREEMENT, OR (ii) ENTERED INTO A WRITTEN REPAYMENT AGREEMENT, SETTLEMENT AGREEMENT, AND/OR RELEASE WITH CFAW WITH RESPECT TO THE FINANCE AGREEMENT OR DEFICIENCY BALANCE OWED THEREUNDER. Please Read This Notice Carefully In Its Entirety Your Rights May Be Affected By The Settlement Of This Lawsuit Now Pending In This Court BASIC INFORMATION A court authorized this notice because you have a right to know about a Proposed Settlement of this class action lawsuit against CFAW and about your options before the Court decides whether to give “final approval” to the Proposed Settlement. This notice explains the lawsuit, the Proposed Settlement, your legal rights, what benefits will be provided, and who will receive them. This case is currently pending in the Circuit Court of the Ninth Judicial District, Orange County, Florida, and is known as Raymond S. Bynes etc v. Central Florida Auto Wholesale, Inc., Case No.: 2015-CA- 002039-0. The lawsuit is about whether repossession notices and/or post-sale notices of CFAW contained all of the information and disclosures required by Florida law. Specifically, the lawsuit seeks (i) damages for violations of Fla. Stat §§ 679.611 and 679.614 of the Uniform Commercial Code (“UCC”); and (ii) declaratory and injunctive relief. CFAW denies that its post-repossession notices are in violation of Florida law and maintains that it did not act wrongfully or unlawfully. CFAW contends that the claims of Raymond S. Bynes and Latacia D. Johnson-Bynes (hereinafter “Representative Plaintiffs”) have no merit and that, if the lawsuit proceeded, CFAW would prevail at trial. The parties have agreed, and the Court has ordered that, for settlement purposes only, this lawsuit may be maintained as a class action under Rule 1.220, Florida Rules of Procedure, subject to final approval at the conclusion of the settlement process. If the Proposed Settlement is not finally approved, or if any party withdraws from the Proposed Settlement, the lawsuit will return to the same status as before the Settlement Agreement was signed, and the Court will later determine if the case may proceed as a class action. The Proposed Settlement includes all persons who meet each and every one of the following criteria, namely persons who (a) entered into a finance agreement (“Finance Agreement”) held by CFAW for the purchase of personal property, which was a “consumer good” under Fla. Stat. § 679.1021(1)(w), which was repossessed during the time period from March 5, 2011 to [date of preliminary approval) (“Applicable Time Period”); (b) who were sent written notices of the intended sale or disposition of repossessed property (“UCC Repossession Notices”) in the form or substantially similar form as Exhibit “A” attached to the Complaint filed in the above action (“Settlement Class”). Excluded from the Settlement Class, however, are those persons who (i) have filed for bankruptcy under the U.S. Bankruptcy Code, except for those persons who did not obtain a discharge of the debt arising from the Finance Agreement, or (ii) entered into a written repayment agreement, settlement agreement and/or release with CFAW with respect to the Finance Agreement or deficiency balance owed thereunder, You are receiving this Notice because it is believed that you meet the above criteria and that you are a member of the Class. There are approximately 500 members of the class. The parties arrived at the Proposed Settlement as a result of arms-length negotiations between the lawyers for each side. The parties reached the Proposed Settlement before the Court determined whether class certification was appropriate. The Proposed Settlement is a compromise of disputed claims and does not mean that any law was violated or that CFAW did anything wrong. THE PROPOSED SETTLEMENT BENEFITS The Proposed Settlement provides both equitable and monetary benefits (“Settlement Benefits”): . CFAW has declared that it no longer sends the form UCC Repossession Notices that allegedly did not comply with all of the UCC requirements, and has represented that it will not use those notices in the future, CFAW will waive all outstanding balances and/or deficiency balances allegedly owed in connection with the Finance Agreement of the Class Members whose personal property was were sold by CFAW following repossession. The aggregate of the outstanding balances and/or deficiency balances is estimated to total $ .00. The waiver of such balances may have significant adverse tax consequences to Class Members as discussed in Paragraph 10 below. CFAW shall cease reporting any further adverse credit information on the consumer report of Class Members with respect to any Finance Agreement subject to the instant settlement, CFAW shall pay to each Class Member who timely submits a claim form (‘Participating Class Member”) a check in the sum of $275.00 (“Settlement Check”) as and for statutory and actual damages, fines or any other liability (see Question 14). The Settlement Check will be sent to the address of the Class Member. Any monies from any Settlement Checks that remain uncashed after 90 days from the date of issuance will be given to Mid-Florida Legal Aid for the purpose of providing financial resources for continuing legal education in consumer law issues. More details are in a document called the Settlement Agreement, which is available for your inspection at the Office of the Clerk of Circuit Court, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801 during normal business hours. The Court will hold a final approval hearing on , 2016 at a.m. to decide whether to approve the Proposed Settlement (see Question 17) including the request for attorneys’ fees and litigation expenses (see Question 14). Even if the Court approves the Proposed Settlement, there could be appeals. The time for an appeal varies. The Proposed Settlement becomes final and binding on the Effective Date. If no appeals are taken, the Effective Date is the date on which the Court approves the Proposed Settlement as final, subject to certain conditions. If an appeal is taken, the Effective Date is the date when all appeals are completed and the Proposed Settlement becomes final. The Proposed Settlement will go into effect on the Effective Date. If the Proposed Settlement is finally approved, the Court will enter a judgment dismissing all claims against CFAW with prejudice. Under the terms of the Proposed Settlement, you will release CFAW with respect to the claims that were raised or could have been raised in the case. This means you cannot seek equitable relief or any type of monetary relief against CFAW based on any claim related to or arising out of the repossession of your personal property and your finance agreement involved in this case. The release shall not extend to claims for bodily injury or under the Telephone Consumer Protection Act. You will be giving up all such claims, whether or not you know about them. Your interests as a member of the Class will be represented by the Representative Plaintiffs and Class Counsel. You will not be billed for their services. Class Counsel will receive a fee only if the Court approves the Proposed Settlement, and the fee award will be set by the Court and paid by CFAW (see Question 14), The Court's order will apply to you even if you objected or have any other claim, lawsuit, or proceeding pending against CFAW. If you have any questions about the release, you should consult with a lawyer. ERE aC rs re cristal Ve Me PA Ce Sole MERU) MEET) SE tal Potash BESS oh aed If you do nothing, you will be part of the Class. That means you cannot sue CFAW over the claims settled in this case. It also means that all of the Court's orders, including the release of claims and dismissal of the lawsuit with prejudice (see Question 8), will apply to you and legally bind you. IMPORTANT INFORMATION CONCERNING TAX CONSEQUENCES OF PROPOSED SETTLEMENT SU ASY Mise COR MCU Cee me cmaconaied The waiver of deficiency balances of the respective Class Members involve disputed debts which the Class Representatives contend are discharged by operation of law and which CFAW contends are enforceable. CFAW may issue a Form 1099-C tax report which will report as income to you any deficiency balance waived as a result of the settlement. As a result, the settlement may have significant adverse tax consequences and you should seek the advice of a tax professional if you have any questions concerning the taxation of settlement benefits and whether you should remove yourself from the Proposed Settlement pursuant to Paragraph 12 below. GETTING MONEY FROM THE PROPOSED SETTLEMENT LOPES mim RO UCIM am CROL mete Ru iat oC ed You must fully complete and timely return the attached Claim Form postmarked by +2016 in order to receive a $275.00 Settlement Check. If the Court grants final approval of the settlement, a Settlement Check will be distributed by the Settlement Administrator to all Participating Class Members by mail. EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT If you want to keep your right to sue CFAW with respect to the notices you received relating to the repossession of your personal property or with respect to any other legal claim, you must take steps to remove yourself from the Proposed Settlement. This is called asking to be excluded from — or “opting out” of- the Class and the Proposed Settlement. If you choose to exclude yourself from the Class, you will not be bound by any order, judgment or settlement of the lawsuit. If you exclude yourself from the Class, you will not receive any benefits from this class action. You will retain and be free to pursue any claim against CFAW based on the notice(s) you received after repossession of your personal property or based on your installment sales contract. If you exclude yourself from the Class, CFAW may still issue a 1099-C tax report which will report as income any deficiency balance waived as a result of the settlement as described in paragraph 10 above. To exclude yourself from the Proposed Settlement, you must send a letter or other written notice saying that you want to be excluded from the Class in Bynes v. Central Florida Auto Wholesale. You must include your full name, current mailing address, and telephone number, and the letter must be signed by you personally. An exclusion form has also been included with this notice for your use. Your letter or exclusion form requesting exclusion must be postmarked and sent to the following by 2016, Bynes Class Action Settlement Administrator American Legal Claim Services, LLC 5985 Richard Street, Suite 3 Jacksonville, FL 32216 You cannot exclude yourself on the phone or by email. THE LAWYER REPRESENTING YOU Yes. The Court has appointed Robert W. Murphy to represent you and the other Class Members in this case. Mr. Murphy is called Class Counsel. You will not be charged for Mr. Murphy’s representation. Class Counsel’s compensation will be paid by CFAW. If you want to be represented by another lawyer, you may hire one at your own expense. ce p: Col np ms 08 ot} Peas Saree Cee CME aeer rraa Class Counsel will ask the Court to approve attorneys’ fees and expenses to be paid by CFAW. As for fees and costs, Class Counsel will ask the Court to award attorney’s fees in the sum of $40,000.00 (“Attorney Fee Request”). Class Counsel will also ask the Court to approve a service award of $7,500 (“Service Award”) to be paid by CFAW to the Representative Plaintiffs for the time and resources they have spent helping Class Counsel on behalf of the whole Class, to be paid to the Representative Plaintiffs in addition to any Settlement Check. The Court may award less than the requested amount. The cost of administering the Settlement, including the expense of sending this Notice and any settlement checks will also be paid by CFAW. No Class Member will owe or pay anything directly for attorney's fees and expenses or the incentive award. Any award of attorney's fees and expenses as well as the incentive award will be paid by CFAW. The Court must approve both the Attorney Fee Request for Class Counsel and the Service Award for the Representative Plaintiffs. The Court will conduct a hearing on attorney's fees and litigation expenses at the same time of the final approval hearing. OBJECTING TO THE PROPOSED SETTLEMENT aoe p (oh ne (ome fot Ss a oo) Lorettaae colo} ound EXepa 1-3 Te ao tet Ere Foro ot oan ty shod You may object to any part of the Proposed Settlement. To do so, you must file a written objection in the case Raymond S. Bynes etc v. Central Florida Auto Wholesale, Inc., Case No.: 2015-CA-002039-0. Any objection must set forth your full name, current mailing address and telephone number and must include: (a) a written statement explaining the reasons for your objection; (b) copies of any papers, briefs, or other documents you want to bring to the Court's attention; (c) any evidence you wish to introduce in support of your objection; and (d) a statement of whether you or your lawyer will ask to appear at the final approval hearing to talk about your objections. Your objection must be mailed or otherwise delivered to each of the following addresses so that it is received by____ i, 2016: Court Settlement Administrator Clerk of the Circuit Court Bynes Class Action Orange County Courthouse Settlement Administrator 425 N. Orange Avenue American Legal Claim Services, LLC Orlando, FL 32801 5985 Richard Street, Suite 3 Jacksonville, FL 32216 Class Counsel CFAW’ s. Counsel Robert W. Murphy, Esquire Robert E. Sickles, Esquire 1212 SE 2™ Avenue Broad & Cassel Fort Lauderdale, FL 33316 Regions Bank Building 100 North Tampa Street, Suite 3500 Tampa, FL 33602 If you or your lawyer asks to appear at the final approval hearing, in addition to providing the above information, you must include in your objection letter: (a) the points you wish to speak about at the hearing; (b) copies of documents you intend to rely upon at the hearing; (c) the amount of time you request for speaking at the hearing; and (d) whether you intend to have a lawyer speak on your behalf. If you intend to have a lawyer present, your lawyer must file a written notice of appearance of counsel with the Clerk of the Court no later than , 2016. oa A) ot-\ a A od 2X ob tb a-T oot 9 bola T-T-s el Seca ne F Vole MME 0-9 6 so NE to ol] > Lon Rolo (To led Objecting is simply telling the Court that you do not like something about the Proposed Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself from the Class, you have no basis to object because the case no longer affects you. THE COURT’S FINAL APPROVAL HEARING wi a pot—teN Evel Mme pet _ba-} SPERMS CUcc tsar Cire CMM tat nt rssh te a at Fete) soketots MEL Sees The Court will hold a final approval hearing to decide whether the Proposed Settlement is fair, reasonable, and adequate and should be granted final approval. The Court will also consider whether to award attorney's fees and other expenses to Class Counsel, whether to provide an incentive award to the Representative Plaintiffs, and whether to enter a final judgment and dismiss the lawsuit. If there are objections, the Court will consider them. You may attend and you may ask to speak. The final approval hearing will be on —_— 2016 at a.m., before the Honorable Judge Donald A. Myers, Jr., Circuit Court of the 9° Judicial Circuit, in and for Orange County, Florida, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, in Judge Myers’ Courtroom. The Proposed Settlement may be approved by the Court with modifications, and without further notice, if consented to by the Representative Plaintiffs and CFAW and their respective attorneys in accordance with the terms of the Settlement Agreement. No. Class Counsel will answer any questions the Court may have. If you send a written objection, you do not have to come to the final approval hearing to talk about it. As long as you mailed your written objection on time and according to the Court’s rules, the Court will consider it. You may also pay your own lawyer to attend the final approval hearing, but it is not necessary. IF YOU Do NOTHING You have the right to do nothing. If you do nothing, you will remain part of the Class and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against CFAW about the claims in this case, ever again. You will receive all the Settlement Benefits described in Paragraph 6 above. Further, the tax consequences of the Settlement described in Paragraph 10 above will apply. GETTING MORE INFORMATION Tf you have any questions concerning the matters dealt with in this notice, please direct your inquiries to the following Class Counsel: Robert W. Murphy, Esquire 1212 S.E. 2nd Avenue Fi. Lauderdale, Florida 33316 Email: rwmurphy @lawfirmmurphy.com The pleadings and other records in this litigation are available and may be examined and copied during regular office hours at the Office of the Clerk of Circuit Court, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801. PLEASE DO NOT TELEPHONE THE CLERK’S OFFICE OR THE JUDGE’S CHAMBERS CONCERNING THIS NOTICE OR THIS CASE. IMPORTANT DEADLINES: 1 Submitting a Claim Form: To be valid, you must complete, sign and mail your Claim Form to the Settlement Administrator. The Claim Form must be postmarked by , 2016. 2. Submitting a Request for Exclusion Form: If you want to exclude yourself from the Class, you must complete, sign and mail your Request for Exclusion Form to the Settlement Administrator. The Request for Exclusion Form must be postmarked by , 2016. 3. Objections to Settlement: If you want to be object to the settlement (and you have not requested to be excluded), you must file your written objection with the Clerk of Court with a postmark date before , 2016. FESS SESS OCI CHOICE IORI II IF YOU HAVE ANY QUESTIONS ABOUT THIS CLASS ACTION, please contact: Robert W, Murphy, Esquire 1212 SE2' Avenue Fort Lauderdale, FL 33316 Telephone: (954) 763-8660 or E-mail: rwmurphy@lawfirmmurphy.com BYNES v. CENTRAL FLORIDA AUTO WHOLESALE, INC. CLASS ACTION THIS FORM MUST BE POSTMARKED BY , 2016 IF YOU WANT TO RECEIVE YOUR SETTLEMENT CHECK OR BY , 2016 IF YOU WANT TO BE EXCLUDED FROM THE CLASS. IF YOU WANT TO PARTICIPATE IN THE SETTLEMENT OR EXCLUDE YOURSELF FROM THE SETTLEMENT, THEN YOU MUST MAIL IN THIS FORM TO: Bynes v. CFAW, Inc. Class Action, American Legal Claims Services, LLC, 5985 Richard Street, Suite 3, Jacksonville, FL 32216 Claim Form Check only one box below: a Yes, I want to receive a Settlement Check in the sum of $275.00. Signature: (Note: to be effective, the Claim Form must be signed)