Case 3:14-cv CAB-JLB Document 27 Filed 06/05/15 Page 1 of 2

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1 Case :-cv-0-cab-jlb Document Filed 0/0/ Page of 0 0 JOHN H. DONBOLI (SBN: 0 jdonboli@delmarlawgroup.com JL SEAN SLATTERY (SBN: 0 sslattery@delmarlawgroup.com DEL MAR LAW GROUP, LLP 0 El Camino Real, Suite 0 San Diego, CA 0 Telephone: ( - Facsimile: ( -00 Attorneys for Plaintiff: ERIC HOFMANN, an individual and on behalf of all others similarly situated UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana corporation; and DOES through 00, inclusive, Defendants. CASE NO. :-cv-0-cab-jlb CLASS ACTION PLAINTIFF'S NOTICE OF MOTION AND MOTION: ( GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT; ( SCHEDULING A FINAL APPROVAL HEARING; AND ( DIRECTING THAT NOTICE BE SENT TO CLASS MEMBERS Date: June, 0 Time: :00 p.m. Courtroom: C ( th Floor Schwartz Judge: Hon. Cathy Ann Bencivengo -- NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

2 Case :-cv-0-cab-jlb Document Filed 0/0/ Page of 0 0 NOTICE OF MOTION PLEASE TAKE NOTICE that on June, 0 at :00 p.m., or as soon thereafter as the matter may be heard, in Courtroom C of the United States District Courthouse, West Broadway, Suite, San Diego, California, 0, before the Honorable Cathy Ann Bencivengo, Plaintiff Eric Hofmann ( Plaintiff will, and hereby does, move the Court for an order granting: ( Preliminary Approval of Class Settlement, ( Scheduling a Final Approval Hearing, and ( Directing that Notice Be Sent to Class Members. Said Motion will be based on this notice, the attached points and authorities, the declaration of John H. Donboli, the Confidential Declaration of Deanna Mohre, and the complete files and records in this action. Because all parties agreed to the proposed class settlement, this motion is not being opposed by defendant PEG PEREGO U.S.A., INC. ( Defendant. Dated: June, 0 Respectfully submitted, DEL MAR LAW GROUP, LLP By:/sJohn H. Donboli John H. Donboli jdonboli@delmarlawgroup.com JL Sean Slattery sslattery@delmarlawgroup.com Attorneys for: ERIC HOFMANN, an individual and on behalf of all others similarly situated -- NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

3 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of JOHN H. DONBOLI (SBN: 0 jdonboli@delmarlawgroup.com JL SEAN SLATTERY (SBN: 0 sslattery@delmarlawgroup.com DEL MAR LAW GROUP, LLP 0 El Camino Real, Suite 0 San Diego, CA 0 Telephone: ( - Facsimile: ( -00 Attorneys for Plaintiff: ERIC HOFMANN, an individual and on behalf of all others similarly situated UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana corporation; and DOES through 00, inclusive, Defendants. CASE NO. :-cv-0-cab-jlb CLASS ACTION MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION: ( GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT; ( SCHEDULING A FINAL APPROVAL HEARING; AND ( DIRECTING THAT NOTICE BE SENT TO CLASS MEMBERS Date: June, 0 Time: :00 p.m. Courtroom: C ( th Floor Schwartz Judge: Hon. Cathy Ann Bencivengo MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

4 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 TABLE OF CONTENTS I. INTRODUCTION II. NATURE OF THE CASE... 0 III. IV. PROCEDURAL HISTORY... CLASS DEFINITION. V. SIZE OF CLASS. VI. VII. DESCRIPTION OF THE PROPOSED SETTLEMENT NOTICE AND ADMINISTRATION OF THE SETTLEMENT... VIII. THE SETTLEMENT MEETS THE CRITERIA NECESSARY FOR THIS COURT TO GRANT PRELIMINARY APPROVAL..... A. The Settlement Approval Process B. The Proposed Settlement is Presumptively Fair and Easily Meets the Requirements for Preliminary Approval The Settlement is the Product of Serious, Informed and Noncollusive Negotiations The Settlement Has No Obvious Deficiencies and Falls Well Within the Range for Approval..... The Settlement Does Not Improperly Grant Preferential Treatment To the Class Representative or Segments Of The Class.... The Stage Of The Proceedings Are Sufficiently Advanced To Permit Preliminary Approval Of The Settlement.. IX. THE PROPOSED METHOD OF CLASS NOTICE IS APPROPRIATE... 0 X. THE SETTLEMENT PROVIDES FOR A MEANINGFUL CHARITABLE CONTRIBUTION. XI. CONCLUSION. -i- i

5 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 TABLE OF AUTHORITIES Page(s 0 0 Cases Dennis v. Kellogg, F.d at -. In Re Microsoft I-IV Cases (00 Cal.App. th 0,... In re Vitamin Cases (00 0 Cal.App.th 0, 0.., fn In re Wash. Public Power Supply System Sec. Litig. 0 F. Supp., (D. Ariz... Korea Supply Co. v. Lockheed Martin Corp., Cal.th, (00 Lane v. Facebook, Inc. ( th Cir. 0 F.d, cert. denied S.Ct.., Nachshin v. AOL, LLC F.d at Officers for Justice v. Civil Serv. Com n of City and Cty. of S.F., F.d, (th Cir... Van Bronkhorst v. Safeco Corp., F.d, 0 (th Cir Young v. Polo Retail, Case No. C-0- VRW, 00 WL 00, at * (N.D. Cal. Oct., Statutes: Rule (e of the Federal Rules of Civil Procedure... Business & Professions Code 00 ( UCL.....,, -ii-

6 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 Business & Professions Code. (False Made in USA Claim...., Civil Code 0 ( CLRA,... Other Authorities NEWBERG ON CLASS ACTIONS. ( ,, 0 FEDERAL JUDICIAL CENTER,MANUAL FOR COMPLEX LITIGATION.-. (th ed , 0 0 -iii-

7 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of I. INTRODUCTION Pursuant to Rule (e of the Federal Rules of Civil Procedure, Plaintiff Eric Hofmann ( Plaintiff, on behalf of himself and the proposed Settlement Class he represents, respectfully moves for entry of an order: (l preliminarily approving the proposed settlement in the above-captioned nationwide class action litigation with Defendant PEG PEREGO U.S.A., INC. ( Defendant or Peg Perego ; ( scheduling a Final Approval Hearing (sometimes referred to as a Fairness Hearing ; and ( directing that notice of the proposed settlement be given to Class Members upon approval of the form and method for providing class-wide notice. At the Final Approval Hearing, the following will be considered: (i the request for final approval of the proposed settlement, and (ii the entry of the Final Judgment and Injunction. Plaintiff also intends to apply to this Court for an award of attorneys fees and reimbursement of expenses to Class Counsel, and an enhancement fee award to Plaintiff for his service as the class representative at that time. After nearly a full year of hard-fought litigation, and after participating in a full-day mediation before the Hon. Wayne J. Peterson (Ret. on November, 0, the parties ultimately reached what is believed to be a fair, adequate and reasonable Settlement. In a class action settlement landscape mired with coupon settlements, this Settlement provides refreshingly real value to California consumers. The Settlement permits participating Class Members (those who complete and return a claim form to obtain a free Peg Perego safety vest valued at $0.00 (to be used in conjunction with the children s electric riding vehicles (the Vehicles at issue in this case. The measure of restitution was not arbitrarily determined; rather, it was discussed and negotiated at length at mediation and is The Settlement Agreement is attached as Exhibit to the accompanying Declaration of John H. Donboli ( Donboli Decl.. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

8 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of based on calculations off of the amount of foreign-made components in the Vehicles (i.e., the Class Products in conjunction with a factoring of the risks of potentially receiving no monetary recovery to the Class at time of trial. All in all, this Settlement is a fair result for the class. Defendant is no longer engaging in the conduct that gave rise to this action because it will be forever enjoined from using an unqualified "Made in USA" label rather than with a qualified label such as Made in the USA of domestic and global parts on the Vehicles. (See Final Judgment and Injunction, attached as Exhibit E to Settlement Agreement. Future Peg Perego customers will also enjoy the benefits of Defendant's newly revised country of origin labeling practices. If Plaintiff would have rejected the Settlement and continued to litigate this action through trial, there would have been a significant risk that no restitution would have been obtained to the Class given the unsettled nature of California law pertaining to how to properly quantify and measure restitution in false advertising cases (such as this case. In view of this risk, the Settlement is undoubtedly fair, just and adequate. II. NATURE OF THE CASE The Action alleged that Defendant committed unlawful and unfair business practices by falsely labeling its children s electric riding vehicles ( Vehicles as Made in USA in violation of, inter alia, California s Unfair Competition Law ( UCL (codified at Cal. Bus. & Prof. Code 00 et seq. and California s Made in USA Statute (codified at Cal. Bus. & Prof. Code.. Plaintiff alleged that contrary to Defendant s Made in USA claim, the Vehicles were manufactured and/or produced from multiple component parts that were manufactured outside of the United States in violation of California law, Peg Perego stipulated to entry of an injunction in this regard. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

9 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of federal law, and the laws of the other states and the District of Columbia. Specific to the Plaintiff Transaction, Plaintiff alleged that major subcomponents of Defendant s Made in USA labeled John Deere Farm Power brand Volt Riding Vehicle that he purchased were foreign made, including but not limited to the battery, wiring harnesses, electric battery charger, electric motors, wiring connectors, fuses, thermo protector, switches, gearing, screws, rivets, bolts, lock washers, and/or washers. The inclusion of this many foreign-made parts in the Vehicle renders the Made in USA representation improper under both California and federal law. Plaintiff also alleged that Defendant s conduct constituted false advertising and was violative of the California Consumers Legal Remedies Act. Defendant denied and continues to deny Plaintiff s allegations. III. PROCEDURAL HISTORY On or about June 0, 0, Plaintiff sent a 0-day notice of violation to Defendant pursuant to the California Consumers Legal Remedies Act (the CLRA Letter. On or about July, 0. Defendant responded to the CLRA Letter by denying all liability. On August, 0, Plaintiff initiated litigation by filing a putative class action complaint in the San Diego Superior Court, styled as Hofmann v. Peg Perego, U.S.A., Inc., Case No CU-NP-CTL (the State Court Action. The State Court Action originally alleged that Defendant violated various California laws, including California Business & Professions Code 00 et seq.; California Business & Professions Code.; and the California Consumers Legal Remedies Act, Cal. Civ. Code 0, et seq. ( CLRA as it relates to Defendant s use in California of the statement "Made in U.S.A." on packaging for its Vehicles that contained less than 00% domestic content. These claims -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

10 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of extended to Plaintiff and all other members of the putative California class. On or about September, 0, Defendant removed the State Court Action to federal court (hereinafter simply referred to as the Action. [Docket No. ]. On or about December, 0, an Early Neutral Evaluation Conference was held before the Hon. Magistrate Judge Jill L. Burkhardt. [Docket No. 0]. On or about March, 0, the parties filed a joint motion for leave to file a First Amended Complaint that sought to expand the size of the Class from California to a nationwide class action. [Docket No. ]. The First Amended Complaint was filed on March, 0 and Defendant filed its Answer to same on April, 0. [Docket Nos. 0, ]. The bulk of the time in this Action was spent, however, in propounding extensive written discovery Defendant and preparing for mediation. In fact, Plaintiff spent a considerable amount of time creating a viable damages/restitution model that required obtaining and analyzing detailed summaries of Defendant s cost, pricing, sales, and labeling information for its separate product lines (i.e., the Class Products. This evaluation (done in conjunction with Plaintiff s consultant/expert was also necessary so the parties could not only properly evaluate the case for purposes of mediation, but also so Plaintiff could begin simultaneously preparing Plaintiff s motion for class certification. At the same time, Defendant undertook significant investigation to determine the validity of Plaintiff s claims. IV. CLASS DEFINITION Plaintiff agreed to settle this Action on behalf of a class of similarly situated persons throughout the entire United States whose membership (i.e., the Class Members is defined as follows: All persons in the United States who purchased any Class Product between August, 00 and December, 0. Excluded from the Settlement Class are all persons who are employees, directors, officers, -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

11 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of and agents of Defendants or its subsidiaries and affiliated companies, as well as the Court and its immediate family and staff. (Donboli Decl., ; Exhibit thereto at A., A.0; Exhibit G to Settlement Agreement. V. SIZE OF CLASS As set forth in the accompanying Declaration of Deanna Mohre, Defendant sold approximately of Class Products nationwide during the Class Period. This amounts to nearly during the Class Period. (Confidential Declaration of Deanna Mohre ( Mohre Decl.,. This undoubtedly a significant sized class under any definition of the term. VI. DESCRIPTION OF THE PROPOSED SETTLEMENT The Parties agreed to a proposed settlement that, if approved by this Honorable Court, will result in dismissal of the Action with prejudice and the provision of certain benefits to the members of the Class. Under the terms of the Settlement Agreement, if the settlement is granted final approval status by the Court, Defendant will distribute a safety vest valued at $0.00 to participating Class Members (those who complete and return a claim form or those who elect to submit an online claim form for each qualifying product purchased during the Class Period. (Donboli Decl., ; Exh. at D., F.; an image of the Peg Perego vest is provided at Paragraph of the Mohre Decl.. Any Class Member who completes a Claim Form to attest to his or her purchase of a qualifying Class Product during the Class Period shall receive the restitution detailed above. (Donboli Decl., ; Exh. at D.. The measure of restitution was not arbitrarily determined; rather, it was discussed and negotiated at length at mediation and after and is based on calculations off of the amount of foreign-made component parts in the Class Products in conjunction with a factoring of the risks of potentially receiving no monetary recovery to the Class at time of trial. (Donboli Decl., (a. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

12 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of The settlement also has a charitable contribution component. The settlement requires Defendant, at the conclusion of the Class Notice period, to make charitable contributions totaling $00, in the form of new Vehicles to various national charities over the course of five years. The parties agreed that donations should be made to several charities (as opposed to a single charity over several years because the parties anticipated that it would be difficult to find a single charitable organization willing to accept several thousand Vehicles at once. Donating Vehicles to local youth clubs, for example, is a reasonable nexus between the charity and the lawsuit. (Mohre Decl., ; Donboli Decl., ; Exhibit, at D.. The settlement will be administered by a professional Claims Administrator to administer the claims and payment process. Defendant and/or the Claims Administrator shall also obtain an appropriate URL specifically to handle the Settlement process, such as pegperegosettlement.com (the "Settlement Website". (Donboli Decl., ; Exh., at F.. Both Defendant's counsel and Class Counsel shall ensure that Defendant properly rejects invalid claims (if any and reports all such determinations of invalidity to Class Counsel in a timely manner. (Donboli Decl., ; Exh., at F.. Class Counsel intends to file and have heard a motion for the recovery of attorneys' fees and costs to be approved by this Honorable Court, including all reasonable fees, costs and expenses related to Plaintiff s prosecution of the Action. The parties agreed to a not to exceed amount in the amount of $, Class Counsel shall also seek confirmation by this Court, at that time, of a single $, payment as an incentive award to Plaintiff Eric Hofmann for serving as the class representative. Defendant agreed not to oppose these requests as long as the requested amounts are at or below the above-stated amounts. (Donboli Decl., ; Exh., at G.. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

13 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of VII. NOTICE AND ADMINISTRATION OF THE SETTLEMENT Upon entry of the Preliminary Approval Order, Defendant, in cooperation with its professional Claims Administrator, shall take the following actions:. Defendant shall direct the Claims Administrator to mail the Notice to any and all members of the Settlement Class to the extent that Defendant possesses such information in its corporate records. Defendant shall provide this information to the Claims Administrator within 0 days of entry of the order granting Preliminary Approval. The Claims Administrator shall thereafter be tasked with mailing the Postcard Notice (in the form attached to Exhibit F of the Agreement of Settlement to the potential class members.. Defendant shall publish the Short Form Notice (in the form attached as Exhibit H to the Agreement of Settlement in the USA TODAY publication (National edition for a period of two days for an advertisement size of at least ¼ page, which shall include the web address of the Settlement Website, where the Claim Form may be accessed, filled out, and submitted. This shall occur within 0 days of entry of the order granting Preliminary Approval.. Defendant shall send written correspondence enclosing a copy of the Long-Form Notice and Short-Form Notice to its retail customers for all retailers that it has a direct relationship with and that sold any of Class Products during the Class Period. The letter shall conform to the exemplar letter attached hereto as Exhibit I. The parties shall not represent, warrant, or guarantee to the Court that any retailer will actually post notice in their stores; rather that the request was made for the retailers to participate in the class notice process. This shall occur within 0 days of entry of the order granting Preliminary -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

14 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Approval.. Defendant shall provide notice of the settlement on its homepage ( in the Recent News section with a hyperlink stating Notice to Consumers. The hyperlink will direct consumers directly to the Settlement Website. (Donboli Decl., 0-; Exh., at E. E.. These methods are designed to meaningfully reach the largest possible number of potential Class Members. All costs associated with providing notice and administering the claims, including the costs associated with preparing, printing and disseminating the Notice, as directed by the Court in the Preliminary Approval Order, shall be paid by Defendant (not to exceed $0,000. (Donboli Decl. ; Exhibit A thereto at F.. VIII. THE SETTLEMENT MEETS THE CRITERIA NECESSARY FOR THIS COURT TO GRANT PRELIMINARY APPROVAL A. The Settlement Approval Process The law favors settlements, particularly in class actions and complex cases where substantial resources can be conserved by avoiding the time, costs and rigors of prolonged litigation. Van Bronkhorst v. Safeco Corp., F.d, 0 (th Cir. ; CONTE & NEWBERG, NEWBERG ON CLASS ACTIONS. (00 [ By their very nature, because of the uncertainties of outcome, difficulties of proof, length of litigation, class action suits lend themselves readily to compromise. ]. Where, as here, the parties propose to resolve the claims of a certified class through settlement, they must obtain the court s approval. Fed. R. Civ. Proc. (e((a. The typical process for approving class action settlements is described in the FEDERAL JUDICIAL CENTER,MANUAL FOR COMPLEX LITIGATION.-. (th ed. 00: ( preliminary approval of the -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

15 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of proposed settlement at an informal hearing; ( dissemination of mailed and/or published notice of the settlement to all affected class members; and ( A formal fairness hearing, or final approval hearing, at which evidence and argument concerning the fairness, adequacy, and reasonableness of the settlement is presented. Id. This procedure, commonly employed by federal courts, serves the dual function of safeguarding class members procedural due process rights and enabling the court to fulfill its role as the guardian of class members interests. Plaintiff respectfully asks this Court to grant preliminary approval of the proposed Settlement. At this stage, the Court must make a preliminary determination on the fairness, reasonableness, and adequacy of the settlement terms and must direct the preparation of notice of the certification, proposed settlement, and date of the final fairness hearing. MANUAL FOR COMPLEX LITIGATION.. The Court should grant preliminary approval if the settlement has no obvious deficiencies and falls within the range of possible approval. NEWBERG ON CLASS ACTIONS.. At the next stage of the approval process, the formal fairness hearing, courts consider arguments in favor of and in opposition to the settlement. According to the Ninth Circuit, the fairness hearing should not be turned into a trial or rehearsal for trial on the merits. Officers for Justice v. Civil Serv. Com n of City and Cty. of S.F., F.d, (th Cir.. Neither the trial court nor this court is to reach any ultimate conclusions on the contested issues of fact and law which underlie the merits of the dispute. Id. Rather, the inquiry must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiating parties, and that the settlement, taken as a whole, is fair, reasonable, and adequate to all concerned. Id. / / / -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

16 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of B. The Proposed Settlement is Presumptively Fair and Easily Meets the Requirements for Preliminary Approval Courts generally employ a multi-prong test to determine whether preliminary approval is warranted. A proposed class action settlement is presumptively fair and should be preliminarily approved if the Court finds that: ( the negotiations leading to the proposed settlement occurred at arm s length; ( there was sufficient discovery in the litigation for the plaintiff to make an informed judgment on the merits of the claims; ( the proponents of the settlement are experienced in similar litigation; and ( only a small fraction of the class objection. Young v. Polo Retail, Case No. C-0- VRW, 00 WL 00, at * (N.D. Cal. Oct., 00; see also NEWBERG ON CLASS ACTIONS.. The Settlement easily satisfies these requirements.. The Settlement is the Product of Serious, Informed and Noncollusive Negotiations This settlement is the result of extensive and hard-fought negotiations. Defendant expressly denied and continues to deny any wrongdoing or legal liability arising out of the conduct alleged in the Action. Nonetheless, Defendant concluded that it is desirable that this Action be settled in the manner and upon the terms and conditions set forth in the Agreement of Settlement in order to avoid the expense, inconvenience, and burden of further legal proceedings, and the uncertainties of trial and appeals. Defendant also determined that it is desirable and beneficial to put to rest the released claims of the Settlement Class. Class Counsel and Defendant s counsel conducted a thorough investigation into the facts of the class action, including diligently pursuing an investigation of the relevant facts. Class Counsel is of the opinion that the settlement with Defendant for the consideration and on the terms set forth in the Agreement of Settlement is fair, reasonable, and adequate and is in the best interest of the Class -0- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

17 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of in light of all known facts and circumstances, including the risk of significant delay, defenses asserted by Defendant, and the potential risk of no monetary recovery. (Donboli Decl., Here the litigation has been hard-fought with aggressive and capable advocacy on both sides. Accordingly, [t]here is likewise every reason to conclude that settlement negotiations were vigorously conducted at arm s length and without any suggestion of undue influence. In re Wash. Public Power Supply System Sec. Litig., 0 F. Supp., (D. Ariz.. [ Counsels opinions warrant great weight both because of their considerable familiarity with this litigation and because of their extensive experience in similar actions ].. The Settlement Has No Obvious Deficiencies and Falls Well Within the Range for Approval The proposed settlement herein has no obvious deficiencies and is well within the range of possible approval. All Class members will receive the same opportunity to participate in and receive restitution. It is undeniable that the goal of this litigation, to seek redress for the Class, has been met. (Donboli Decl.,. There is a substantial risk, given the current legal landscape in terms of properly quantifying and measuring damages in cases predicated on violations of the California and/or federal Made in USA standards (or false advertising cases in general, that, if this action was not settled, Plaintiff would have been unable to obtain any restitution at time of trial. (Donboli Decl.,. The primary factor that supports resolution at this time, from Plaintiff and Class Counsel s perspective, are the challenges in quantifying and specifically measuring the amount of restitution to Class Members. Restitution under the This would require Plaintiff to expend over $00,000 in expert fees, at a minimum, to develop a restitution model that might be approved by this Court as there is no clear guideline on how to quantify restitution in UCL false advertising cases. (Donboli Decl.,. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

18 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of UCL is limited to measurable amounts acquired by a defendant from consumers by means of unfair competition. Section 0 of the unfair competition law expressly authorizes courts to make such orders... as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person... any money or property, real or personal, which may have been acquired by means of such unfair competition. As the California Supreme Court held in Korea Supply Co. v. Lockheed Martin Corp., Cal.th, (00 the object of restitution is to restore the status quo by returning to the plaintiff funds in which he or she has an ownership interest. As referenced above, there was a serious risk that Plaintiff would only be able to establish injunctive relief at trial, which would have left Class Members with no monetary relief. In light of the above-referenced risk, expense, and complexity of this case, the parties agreed to resolve this matter as set forth in the Agreement of Settlement. (Donboli Decl.,.. The Settlement Does Not Improperly Grant Preferential Treatment To the Class Representative or Segments Of The Class The relief provided in the settlement will benefit all Class Members equally. The settlement does not improperly grant preferential treatment to Plaintiff or segments of the Class in any way. Each qualified Class Member, including Plaintiff, who files a timely claim, shall receive the aforementioned restitution ($0.00 safety vest. Plaintiff will receive no more than any other Class Member who submits a timely claim. In addition, the representative plaintiff will apply to the Court for a modest service award of $,000 to the extent permitted by this Court (enhancement fees are at times awarded in the $0,000 range. / / / -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

19 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of The Stage Of The Proceedings Are Sufficiently Advanced To Permit Preliminary Approval Of The Settlement The stage of the proceedings at which this settlement was reached militates in favor of preliminary approval and ultimately, final approval of the settlement. The agreement to settle did not occur until Class Counsel possessed sufficient information to make an informed judgment regarding the likelihood of success on the merits and the results that could be obtained through further litigation. Class Counsel has conducted a thorough investigation into the facts of the class action, including diligently pursuing an investigation of Class Members claims against Defendant. (Donboli Decl.,,. Here, Class Counsel obtained sufficient information from Defendant after conducting extensive discovery, including serving extensive written discovery and exchanging detailed sales, pricing, and financial information in advance of mediation. Extensive due diligence performed by the parties confirmed the cost associated with each component part in the Class Products, which was then used to calculate the proper measure of restitution. IX. THE PROPOSED METHOD OF CLASS NOTICE IS APPROPRIATE The Court has broad discretion in approving a practical notice program. The parties have agreed upon procedures by which the Class will be provided with notice of the Settlement. The notice is undoubtedly sufficient when, as in this case, it informs potential class members about the specific restitution that they could expect to receive under the settlement, the procedure for objecting, excluding oneself altogether from the settlement, the amount of fees and costs that may be awarded by the Court, and the date of the Final Approval Hearing. Plaintiff retained experienced class action attorneys in this case to represent him and the Class. (See Donboli Decl., -0 for additional details in this regard. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

20 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of This notice program was designed to meaningfully reach the largest possible number of potential Class Members, including publication in USA Today (national edition and on Defendant s home page of its website. It complies fully with applicable case law that the notice given should have a reasonable chance of reaching a substantial percentage of the Class Members. The notice program contemplated in this Settlement satisfies the requirements of due process, and is the best notice practicable under the circumstances and constitutes due and sufficient notice to all persons entitled thereto. Therefore, the proposed notice procedures comply fully with applicable case law because the notice should have a reasonable chance of reaching a substantial percentage of the Class members. See Manual for Complex Litigation (Fourth. at -. X. THE SETTLEMENT PROVIDES FOR A MEANINGFUL CHARITABLE CONTRIBUTION In addition to the $0.00 safety vest restitution amount available to Class Members who submit timely claim forms, the settlement requires Defendant to make charitable contributions totaling $00,000.00, to be paid over five years, to various charities such as youth organizations. The parties to a class action settlement are lawfully permitted to provide for a charitable distribution as part of their settlement as long as the charitable contribution bears a nexus to the interests of the Class. See Lane v. Facebook, Inc. ( th Cir. 0 F.d, cert. denied S.Ct. [requiring that a cy pres distribution bear only a substantial nexus to the interests of the class members ]. In Facebook, the U.S. Court of Appeals for the Ninth Circuit upheld a cy pres in a case involving a class of Facebook users who had been subject to the website s Beacon program. As direct monetary payments to the class of any kind were infeasible, the settlement provided for the creation of a new entity, the Digital Trust Foundation, that would distribute the settlement funds (after -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

21 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of payment of attorneys fees and the like to entities that promote the causes of online privacy and security. Lane, F.d at. The court found this contained the requisite nexus between the cy pres remedy and the interests furthered by the plaintiffs lawsuit. (Id. at. The charitable component of this settlement has the requisite nexus. This is a consumer protection action brought on behalf of the purchasers of children s electric riding vehicles. These vehicles are purchased for children. A charitable contribution to youth organizations advances the underlying cause of action by providing direct benefits to this population. This provision is distinguishable from those disapproved in Nachshin, in which the charities selected were not in any way related to the settlement class, (Nachshin, F.d at 00, and Kellogg, in which the cy pres beneficiary was also not identified. (Kellogg, F.d at -. An additional goal of a consumer protection action is deterrence or disgorgement. A charitable component such as this ensures that a defendant incur[s] a minimum liability and, thus, shows significant usefulness in effectuating the deterrent and disgorgement purposes of the underlying cause of action. See In Re Microsoft I-IV Cases (00 Cal.App. th 0,. This additional goal is present in this settlement. XI. CONCLUSION Counsel for the parties committed substantial amounts of time, energy, and resources litigating and ultimately settling this case. After weighing the substantial, certain, and immediate benefits of this settlement against the While this settlement has both a refund component and a charitable contribution component, a settlement that consists almost entirely of the latter has been approved where the class is too large, amorphous and unknown. (See, e.g., In re Vitamin Cases (00 0 Cal.App. th 0, 0 [approving settlement of consumer claims that provided fund to be distributed to charitable, governmental and nonprofit organizations as the class of indirect purchasers of vitamins was unknown but extensive, including conceivably nearly every consumer in California during the relevant time period]. -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

22 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of uncertainty of trial and appeal, Plaintiff and Class Counsel believe that the proposed settlement is fair, reasonable and adequate, and warrants this Court s preliminary approval. Accordingly, Plaintiff respectfully requests that the Honorable Court preliminarily approve and sign the proposed Preliminary Approval Order filed contemporaneously herewith to permit the distribution and manner of notice. Plaintiff also respectfully requests that the Court schedule a Final Approval Hearing approximately 0 days from the date this Court signs the Preliminary Approval Order. Dated: June, 0 Respectfully submitted, DEL MAR LAW GROUP, LLP By:/sJohn H. Donboli John H. Donboli jdonboli@delmarlawgroup.com JL Sean Slattery sslattery@delmarlawgroup.com Attorneys for: ERIC HOFMANN, an individual and on behalf of all others similarly situated -- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

23 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 JOHN H. DONBOLI (SBN: 0 jdonboli@delmarlawgroup.com JL SEAN SLATTERY (SBN: 0 sslattery@delmarlawgroup.com DEL MAR LAW GROUP, LLP 0 El Camino Real, Suite 0 San Diego, CA 0 Telephone: ( - Facsimile: ( -00 Attorneys for Plaintiff: ERIC HOFMANN, an individual and on behalf of all others similarly situated UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana corporation; and DOES through 00, inclusive, Defendants. CASE NO. :-cv-0-cab-jlb CLASS ACTION DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION: ( GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT; ( SCHEDULING A FINAL APPROVAL HEARING; AND ( DIRECTING THAT NOTICE BE SENT TO CLASS MEMBERS Date: June, 0 Time: :00 p.m. Courtroom: C ( th Floor Schwartz Judge: Hon. Cathy Ann Bencivengo -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION

24 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 I, John H. Donboli, declare as follows:. I am counsel of record for Plaintiff Eric Hofmann and the putative class in this action (hereinafter the Settlement Class. I am a member in good standing of the State Bar of California and the United States District Courts for the Northern, Central, Eastern and Southern Districts of California; and of the United States Court of Appeals for the Ninth Circuit. I have personal knowledge of the facts set forth herein, and if called as a witness, I could and would testify competently to the matters set forth below.. This declaration is being submitted in support of Plaintiff s Motion for Preliminary Approval of Class Settlement. (Attached herewith as Exhibit is a true and correct copy of a fully executed Settlement Agreement that contains within it separately marked Exhibits A through I. Fairness of Settlement. Prior to the filing of the Complaint, through the start of initial discovery and through final mediation, our office has undertaken substantial investigation to determine the scope and nature of defendant PEG PEREGO, U.S.A., INC. s ( Defendant or Peg Perego alleged unlawful practice of improperly labeling and selling its children s riding vehicle products with an unqualified Made in USA label (the Vehicles during the relevant four-year statutory time period. The representation was unlawful because the Vehicles contained a significant amount of foreign-made component parts in violation of both California and federal law.. Our office, and presumably Defendant s counsel, conducted a thorough investigation into the facts of the class action, including an extensive review of relevant documents and data, and have diligently pursued an investigation of the relevant facts. Our office is of the opinion that the settlement with Defendant for the consideration and on the terms set forth in the Settlement -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

25 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 Agreement is fair, reasonable, and adequate and is in the best interest of the Class in light of all known facts and circumstances, including the risk of significant delay, defenses asserted by Defendant, and the potential risk of no monetary recovery. Our office and Defendant s counsel also agree that the Settlement is fair and in the best interest of the Settlement Class. Settlement Class. The Settlement Class is comprised of a class of similarly situated consumers, throughout the United States, whose membership (i.e., the Class Members is defined as follows: All persons in the United States who purchased any Class Product between August, 00 and December, 0. Excluded from the Settlement Class are all persons who are employees, directors, officers, and agents of Defendants or its subsidiaries and affiliated companies, as well as the Court and its immediate family and staff. (Exh., at A.. Description of the Proposed Settlement. Under the terms of the Settlement Agreement, each eligible Class Member who returns a valid Claim Form will receive a children s safety vest worth $0 (See Settlement Agreement, Section D; Exhibit A hereto. (a The measure of restitution was not arbitrarily determined; rather, it was discussed and negotiated at length at mediation and after and is based on calculations off of the amount of foreign-made component parts in the Class Products in conjunction with a factoring of the risks of potentially receiving no monetary recovery to the Class at time of trial.. The settlement also has a charitable contribution component. The settlement requires Defendant, at the conclusion of the Class Notice period, to make charitable contributions totaling $00, in the form of new Vehicles to various national charities over the course of five years. The parties agreed that -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

26 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 donations should be made to several charities (as opposed to a single charity over several years because the parties anticipated that it would be difficult to find a single charitable organization willing to accept several thousand Vehicles at once. Donating Vehicles to local youth clubs, for example, is a reasonable nexus between the charity and the lawsuit.. The settlement will be administered by a professional Claims Administrator to administer the claims and payment process. Defendants and/or the Claims Administrator shall obtain an appropriate URL specifically to handle the Settlement process, such as (the "Settlement Website". Both Class Counsel and Defense Counsel shall ensure that Defendants properly reject invalid claims (if any and reports all such determinations of invalidity to Class Counsel within thirty (0 days of any such determination. (See Exhibit A hereto, at Section F.. Our office intends to file and have heard a motion for the recovery of attorneys' fees and costs to be approved by this Honorable Court, including all reasonable fees, costs and expenses related to Plaintiff s prosecution of the Action in a not to exceed amount of $, We shall also seek confirmation by this Court, at that time, of a single $,000 payment as an incentive award for Plaintiff for serving as Class Representative. (See Exhibit A hereto, at Section G.. Notice and Administration of the Settlement 0. The Settlement contains a Notice (Long-Form Notice and Summary Notice (Short-Form Notice, substantially in the form set forth in Exhibits A and H to the Settlement Agreement that will be distributed to Settlement Class Members once the Court enters the Preliminary Approval Order. (See Exhibit C to Settlement Agreement for copy of proposed Preliminary Approval Order. It also contains a Postcard Notice, substantially in the form set forth in Exhibit F to the Settlement Agreement. Specifically, upon entry of the Preliminary Approval -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

27 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 Order, Defendant, in cooperation with its professional Claims Administrator, shall take the following actions:. Publish notice of the settlement on its homepage ( in the Recent News section with a hyperlink stating Notice to Consumers. The hyperlink will direct consumers directly to the Settlement Website.. , on or before the Notice Date as specified in the Preliminary Approval Order, the Notice (substantially in the form attached as Exhibit F to the Settlement Agreement, to the last known addresses of the Settlement Class to the extent such address information exists in Peg Perego s consumer databases, is a valid address, and the Settlement Class Member has not withheld his/her consent to being contacted by Peg Perego via .. Mail, on or before the notice date, to retail stores requesting that they post the Summary Notice of the settlement (substantially in the form attached as Exhibit I to the Settlement Agreement in their stores for the duration of the Claim Period, provided however that the parties shall not represent, warrant, or guarantee that any retail store actually will post the Summary Notice in their California stores.. Provide a website address in the Notice and Summary Notice to a settlement website to be designed and administered by the Settlement Administrator that will contain the settlement documents (including but not limited to the Notice and Claim Form, a list of important dates, and any other information to which the Parties may agree.. Defendant will pay 0, for the costs, fees, and expenses of providing notice to the Settlement Class and administering the Settlement in accordance with the Settlement Agreement. To the extent the amount of monies required to notice and administer this settlement exceeds $0,000.00, Class -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

28 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 Counsel shall, at its discretion, pay additional monies. (See Exhibit A hereto, at Section H. The Settlement. The proposed settlement herein has no obvious deficiencies and is well within the range of possible approval. All Class members will receive the same opportunity to participate in and receive payment. It is undeniable that the goal of this litigation, to seek redress for the Class, has been met.. There is a substantial risk, given the current legal landscape in terms of properly quantifying and measuring damages in cases predicated on false advertising claims, that, if this action was not settled, Plaintiff would have been unable to either obtain class certification or prevail at trial; thereby ensuring zero recovery on behalf of consumers.. Prosecuting this case through trial would necessarily require Plaintiff to expend over $00,000 in expert fees alone, at a minimum, to develop a restitution model that might be approved by this Court as there is no clear guideline on how to quantify restitution in UCL false advertising cases. Experience of Class Counsel. Del Mar Law Group, LLP, and myself in particular, are competent counsel to represent the Class. I have had significant class action and litigation experience. I have been licensed to practice law in all Courts in the State of California since and have been actively involved in the representation of both plaintiffs and defendants in many complex class action and representative plaintiff cases pending in federal and state courts that have involved hundreds of millions of dollars in controversy. 0. The law firm of Del Mar Law Group, LLP has represented plaintiffs in consumer class actions since its inception in 00. Del Mar Law Group, LLP and its attorneys have extensive experience in consumer protection, false -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

29 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 advertising, and cases involving violations of various California consumer statutes. Specifically, I have personally supervised all litigation in this matter on behalf of our firm. Our firm, myself included, have been certified as class counsel in multiple class action cases, including, but not limited to the following: a. Cleary v. Door to Door Storage, Inc., San Diego Superior Court ("SDSC", Case No. GIC; b. Goestl v. Thunder Power, Inc., SDSC, Case No. GIC; c. Stewart v Channellock, SDSC, Case No CU- BT-CTL; d. Paz v. Lights of America, Inc., SDSC, Case No CU-BT-CTL; e. Card v Bell Sports, Inc., SDSC, Case No CU- BT-CTL. f. Chambers v. Weber-Stephen Products, LLC, SDSC, Case No CU-BT-CTL; g. Paz v. Ideal Industries, Inc., SDSC, Case No CU-BT-CTL; h. Clark v The Nutro Company, SDSC, Case No CU-BT-CTL; i. Hecht-Nielsen v. Lifetime Products, Inc., SDSC Case No CU-BT-CTL. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this th day of June, 0. By:/sJohn H. Donboli John H. Donboli -- DECLARATION OF JOHN H. DONBOLI IN SUPPORT OF MOTION GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

30 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit

31 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana Corporation; and DOES through 00, inclusive, Defendants. CASE NO..-cv--CAB-JLB Complaint Filed: August, 0 Date of Trial: None Set CLASS ACTION SETTLEMENT AGREEMENT Subject to Court approval, this Agreement of Settlement ( Settlement Agreement, is made as of the st day of June 0, by and between plaintiff ERIC HOFMANN, individually and on behalf of all Class Members (as defined below, and defendant PEG PEREGO U.S.A., Inc. ( Peg Perego or Defendant. RECITALS A. On or about June 0, 0, Plaintiff ERIC HOFMANN sent a 0-day -- SETTLEMENT AGREEMENT

32 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of 0 0 notice of violation to Peg Perego pursuant to the California Consumers Legal Remedies Act (the CLRA Letter. B. On or about July, 0, Peg Perego responded to the CLRA Letter by denying liability. C. On or about August, 0, Plaintiff initiated this class action case by filing a putative class action complaint in the San Diego Superior Court, styled as Hofmann v. Peg Perego et al., Case No CU-NP-CTL (the Action. D. On or about September, 0, the Action was removed to the United States District Court for the Southern District of California, Case No..- cv--cab-jlb. E. Plaintiff alleges in the Action that Peg Perego violated various California laws, including Business & Professions Code 00 et seq.; California Business & Professions Code.; the California Consumers Legal Remedies Act; as it relates to Peg Perego s sale of various children s riding vehicle products in California. These claims extend to Plaintiff and all other members of the class. F. On or about March, 0, Plaintiff filed a First Amended Complaint that extended the scope of the action to include consumers nationwide (the original Complaint was limited to California consumers. G. Peg Perego denies the allegations in this Action and has asserted a number of defenses. H. On November, 0, the parties attended mediation and engaged in arm s-length settlement negotiations before the Hon. Wayne Peterson (Ret.. Plaintiff concluded that it is in the best interests of the class to enter into this Settlement Agreement. Class Counsel and Plaintiff believe that they have meritorious claims against Peg Perego, but recognize that the settlement provides -- SETTLEMENT AGREEMENT

33 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 significant benefits to all members of the class, eliminates the burden, expense, and uncertainty inherent in complex litigation, and minimizes significant uncertainties associated with further litigation. I. Peg Perego concluded, despite its belief that it has good defenses to the claims asserted in the Action, that it would enter into this Settlement Agreement to avoid in large part the further expense, inconvenience, burden of litigation, and the distraction and diversion of their personnel and resources, thereby putting to rest this controversy. J. Plaintiff and Peg Perego agreed to settle, compromise, and dismiss with prejudice the operative complaint and all claims thereunder of the Class Members (as defined below without costs to any party (except as provided herein on the terms and conditions set forth in this Settlement Agreement, subject to the approval of the Court. K. This Settlement Agreement, including its exhibits, embodies all of the terms and conditions of the settlement between Plaintiff and Peg Perego, both individually and on behalf of the Settlement Class, subject to the approval of the Court. TERMS AND CONDITIONS OF SETTLEMENT NOW THEREFORE, it is agreed by the undersigned, on behalf of Plaintiff and Defendant, that this Action and all claims of Plaintiff and all other Class Members shall be settled, compromised and dismissed on the merits with prejudice as to Defendant on the following terms and conditions. A. DEFINITIONS The following terms, as used in this Settlement Agreement and attached exhibits, have the meanings set forth below: -- SETTLEMENT AGREEMENT

34 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0. Action shall mean the Hofmann v. Peg Perego et al. litigation matter that is currently pending in the United States District Court, Southern District of California, as Case No. :-cv--cab-jlb.. Attorneys Fees means any award of attorneys fees and costs approved by the Court for payment to the Class Counsel.. Claim means a claim made either electronically or by U.S. Mail by a person that he or she is a member of the Settlement Class in accordance with the requirements contained in this Agreement.. Claim Form means the form attached hereto as Exhibit B.. Claims Administrator means the firm of Kurtzman Carson Consultants ( KCC whose business address is Rowland Way, Suite 0, Novato, CA. KCC will be retained by Defendant to administer the Notice Program as described in Section E of this Settlement Agreement and the Claim Program as described in Section F of this Settlement Agreement.. Class Definition is hereby defined to mean All persons in the United States who purchased any Class Product between August, 00 and December, 0. Excluded from the Settlement Class are all persons who are employees, directors, officers, and agents of Defendants or its subsidiaries and affiliated companies, as well as the Court and its immediate family and staff.. Claims Period means ten days after the date the Court enters the Preliminary Approval Order and ending on the ninetieth (0th day thereafter (i.e., 00 days from the date the Court enters the Preliminary Approval Order.. Class Counsel means John H. Donboli and Del Mar Law Group, LLP.. Class Period means August, 00 to December, Class Products means the Peg Perego children s riding vehicle products identified in Exhibit G that contained an unqualified Made in USA -- SETTLEMENT AGREEMENT

35 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 label.. Class Member(s means any member of the Settlement Class who does not timely exclude himself or herself from the Settlement pursuant to Section J of this Settlement Agreement.. Court means the United States District Court for the Southern District of California.. "Effective Date means twenty (0 days after the entry of the Court s order regarding final approval of the settlement or entry of judgment, whichever is later.. Final Approval Hearing means the Fairness Hearing to consider the final approval of the Settlement as required by Federal Rule of Civil Procedure (e.. Final Approval Order means the final order entered by the Court in the form attached hereto as Exhibit D, approving this Settlement Agreement as fair, adequate and reasonable and dismissing the Complaint and all allegations, claims, or causes of action asserted therein against Defendant with prejudice.. Judgment means the judgment entered by the Court in the form attached hereto as Exhibit E. The Judgment (and the underlying Final Approval Order shall be deemed Final upon entry of judgment.. Notice means the Notice of Proposed Settlement of Class Action in the form attached hereto as Exhibit A. Exhibit A may also be referred to as the Long-Form Notice.. Notice Program means the mechanisms and arrangement for providing notice as described in Section E of this Settlement Agreement.. "Plaintiff means representative plaintiff Eric Hofmann, both in his individual capacity and on behalf of the Settlement Class. -- SETTLEMENT AGREEMENT

36 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Postcard Notice means the abbreviated form of notice attached hereto as Exhibit F that shall be mailed by the Claims Administrator to potential settlement class members pursuant to Paragraph E(.. Preliminary Approval Order means the Order issued by the Court in substantially the same form attached hereto as Exhibit C.. Qualifying Transaction means a purchase of a Class Product in the United States during the Class Period.. Qualifying Claimant means a Class Member who submits a timely, completed, Claim Form, indicating that he or she engaged in a Qualifying Transaction, and whose claim is not rejected by the Claims Administrator and is not disputed by Defendant under the procedures set forth in Section F below.. Released Claims means the claims released as described in Section K of this Settlement Agreement.. Released Parties means all parties identified as having claims released against them in the first paragraph of Section K( of this Agreement.. Settlement means the terms and conditions of the settlement embodied by this document.. Settlement Class means, for settlement purposes only, all persons who made a Qualifying Transaction.. Settlement Website means ( which will, at the appropriate time, prominently post information pertaining to the nature of this action and terms of the Settlement and which will contain a copy of the Notice, the operative complaint in this Action, and other relevant pleadings.. Short-Form Notice means the abbreviated form of Notice of Proposed Settlement of Class Action in the form attached hereto as Exhibit H. / / / / / / -- SETTLEMENT AGREEMENT

37 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 B. TIMING OF PRELIMINARY APPROVAL The parties agree to file a motion for preliminary approval of this Settlement as soon as practical after the execution of this Settlement Agreement. C. CONDITIONS OF SETTLEMENT Counsel for the undersigned agree to recommend approval of this Settlement Agreement to the Court and to undertake their best efforts, including all steps and efforts contemplated by this Settlement Agreement and any other steps and efforts that may be necessary or appropriate, by order of the Court or otherwise, to carry out the terms of this Settlement. Peg Perego hereby agrees to comply with California Business & Professions Code. and relevant federal law, as well as the laws of the other states and the District of Columbia, in conjunction with all future sales of its children s riding vehicle products and permits the entry of the stipulated permanent injunction as fully detailed herein. D. SETTLEMENT CONSIDERATION FROM DEFENDANT. The consideration provided by Peg Perego in accordance with this Settlement Agreement is in full, complete and final settlement of the claims of Class Members in the Action as against all Released Parties.. In full and complete settlement of all claims which have been, might have been, are now or could be asserted in the Action by Class Members against the Released Parties, within forty-five ( days after the Effective Date, Peg Perego, either directly or indirectly through the Claims Administrator, will send to each Qualifying Claimant who timely submits an executed Claim Form, one children s safety vest, worth $0.00 each, to the Qualifying Claimant per vehicle product purchased by the Claimant. The Court shall retain jurisdiction to enforce this Agreement.. Peg Perego also agrees to donate children s riding toys (valued at -- SETTLEMENT AGREEMENT

38 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 $00, at retail to various charities, including but not limited to Toys for Tots and the Salvation Army, over the course of years. The donations shall be made to various locations as opposed to a single location. For example, Toys for Tots and the Salvation Army are prominent national charities that provide toys to families in need, with offices in virtually all 0 states, and the District of Columbia. Peg Perego shall submit a signed declaration at the appropriate time to memorialize that it has made the complete donation to charity. Upon the Court s final approval of this Agreement, the Court shall retain jurisdiction to enforce this Agreement, including adequate supervision to ensure that the donation was actually completed by Peg Perego.. Defendant agrees to comply with California Business & Professions Code Section., in conjunction with all future sales by Defendant of the Class Products to consumers, downstream sellers, or other third parties for as long as Section. is not repealed or amended, and to permit the entry of the stipulated injunction as fully detailed herein. If Section. is repealed, Peg Perego would no longer be subject to the terms of the injunction. If Section. is amended or reinterpreted by the California Supreme Court, Peg Perego agrees to comply with it in its amended or reinterpreted form. Peg Perego is not obligated to re-label any packages or products that it previously sold and/or that are already in the stream of commerce as of the date of this Agreement. The injunction shall include a reasonable meet and confer requirement to the extent any Class Member seeks to enforce the terms of the injunction in the future based on a yet to occur purchase of a Class Product. E. NOTICE PROGRAM. The Notice will be in the form attached hereto as Exhibit A.. Within twenty (0 days after entry of order for Preliminary Approval, Peg Perego, in cooperation with and under the supervision of its counsel of record, -- SETTLEMENT AGREEMENT

39 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 shall provide a list to the Claims Administrator of all California consumers in its corporate books and records to include the consumers name, telephone number, address or address for the purposes of directing notice. The Claims Administrator shall be tasked with mailing the Postcard Notice (in the form attached hereto as Exhibit F to the potential class members.. For any and all Notices returned to the Claims Administrator that have forwarding addresses provided by the postal service, the Claims Administrator shall r the Notices to the new addresses, except that the Claims Administrator will have no obligation to r returned Notices that they receive from the postal service later than fifty (0 days after entry of the Preliminary Approval Order.. Within twenty (0 days after entry of order for Preliminary Approval, Peg Perego agrees, in cooperation with and under the supervision of its counsel of record and the Claims Administrator, to publish the Short Form Notice (in the form attached hereto as Exhibit H for a period of two ( days in USA TODAY (National edition, / page ad (." x ", in the Marketplace/Legal Section. The USA Today ad shall appear within the same week and include references to the web address of the Settlement Website (where the Claim Form may be accessed, filled out, and submitted. Notice shall also be provided via various social media services.. Within twenty (0 days after entry of order for Preliminary Approval, Peg Perego, in cooperation with and under the supervision of its counsel of record, shall send written correspondence enclosing a copy of the Long-Form Notice and Short-Form Notice to in-house counsel (or an executive board member or corporate officer for all retailers that it has a direct relationship with and that sold any of Class Products in California during the Class Period. The letter shall conform to the exemplar letter attached hereto as Exhibit I. The parties shall not -- SETTLEMENT AGREEMENT

40 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 represent, warrant, or guarantee to the Court that any retailer will actually post notice in their California stores; rather that the request will be made for the retailers to participate in the class notice process.. Peg Perego shall provide notice of this settlement on its homepage ( in the Recent News section with a hyperlink stating Notice to Consumers. The hyperlink will direct consumers directly to the Settlement Website.. Peg Perego and the Claims Administrator shall ensure that the Settlement Website is active and able to accept online claims within ten (0 days of the entry of the Preliminary Approval Order, or as soon thereafter as reasonably practicable. The Settlement Website address will be published in the Notice.. At least thirty (0 days prior to the Fairness Hearing, Defendant, through its counsel of record, shall either provide to Class Counsel or cause to be filed with the Court, a declaration or declarations that they complied with provisions of Section E herein. F. CLAIM PROGRAM. Notice will be provided to members of the Settlement Class by the method set forth in Section E of this Agreement.. The Claims Administrator will review each Claim Form submitted by a Class Member to determine whether the Claim Form is valid, and will reject any invalid claims (if any, within thirty (0 days after the expiration of the Claims Period. The Claims Administrator shall promptly report all such determinations of invalidity to both Class Counsel and Defendant s counsel via weekly updates.. Peg Perego, through the Claims Administrator, agrees to maintain the Settlement Website containing a link to the Notice and Claim Form. The Class Member must certify under penalty of perjury that he or she is a member of the Class, provide his or her name, and select which product was purchased and the -0- SETTLEMENT AGREEMENT

41 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 approximate date of purchase, including how many products were purchased during the Class Period. Failure to submit information pertaining to the approximate date of purchase is not reason (in and of itself to reject a Claim Form. The Claim Form must be mailed or submitted electronically to the Claims Administrator and postmarked no later than the last day of the Claims Period.. The Notice of Settlement and/or Settlement Website shall stay online for the entirety of the Claims Period.. If Defendant disputes a Claim, they must notify the claimant in writing by mail no later than forty-five ( days after the expiration of the Claims Period, stating the reasons for the rejection. The claimant will have fifteen ( days after the notice is mailed to present in writing by mail additional information or evidence in support of his or her Claim. If a claimant timely provides such additional information or evidence, Defendant will either (i approve the Claim; or (ii advise Class Counsel that Defendant continues to dispute the Claim. The Court will retain jurisdiction regarding disputed Claims. If Class Counsel and Defendant cannot agree on the resolution of any disputed Claim, final determination of disputed Claims will be made by the Court. Class Counsel and Defendant will exercise best efforts to submit any such disputed Claims to the Court in batches. Any claimant, who is rejected by Defendant pursuant to this Paragraph, shall not be bound by any judgment entered in connection with this settlement. A list of persons who constitute rejected claimants shall be filed with the Court by Defendant s counsel before the date for the hearing on final approval.. Class Members who do not return a Claim Form postmarked on or before the final day of the Claims Period, Class Members who return a Claim Form that is timely but is not signed, and Class Members whose Claims are rejected by the Claims Administrator will not qualify to receive their selected consideration -- SETTLEMENT AGREEMENT

42 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of 0 0 from Peg Perego as set out in Section D( above, but will remain Class Members and be bound by this Settlement.. All costs of the Claim Program and the Notice Program will be paid separately and directly by Peg Perego and are not subject to claims for reimbursement or otherwise from the Settlement Class. The parties agree that the maximum amount of costs that Peg Perego agrees to incur in this regard is $0, To the extent the amount of monies required to properly notice and administer this settlement exceeds $0,000.00, Class Counsel shall pay the remainder. G. FEES AND EXPENSES OF CLASS COUNSEL; CLASS REPRESENTATIVE INCENTIVE AWARD. Class Counsel shall file a motion with the Court for an award of Attorneys Fees, reimbursement of actual expenses, and an award of a class representative enhancement fee against Peg Perego, which shall include references to sales and product information provided to Class Counsel by Peg Perego during discovery and/or in support of the parties settlement efforts. Such a motion shall be heard at the Fairness Hearing (or at any other time deemed appropriate by the Court. Defendant agrees not to oppose such request so long as the amount sought by Class Counsel does not exceed $, Defendant also agrees not to oppose an award of an enhancement fee to Plaintiff Eric Hofmann that does not exceed $, The payment of Attorneys Fees, reimbursement of actual expenses, and an award of a class representative enhancement fee (if any will be paid by Peg Perego in addition to the settlement consideration to the Settlement Class up to a cumulative total of $0,000. Should the Court ultimately award less than the cumulative $0,000 requested, Peg Perego shall only be required to contribute the fees awarded. H. FINAL APPROVAL HEARING -- SETTLEMENT AGREEMENT

43 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0. Hearing Date: Pursuant to the Preliminary Approval Order, the Court will hold a Fairness Hearing on a date to be set by the Court.. Briefing Schedule: Any briefs in support of final approval by Plaintiff or Peg Perego shall be submitted not less than fourteen ( days prior to the Fairness Hearing, unless otherwise agreed by the parties or ordered by the Court. Class Counsel will file a Memorandum of Points and Authorities requesting recommendations of final approval of the Settlement by the Court, including a determination by the Court: (i that the Settlement be approved as fair, reasonable and adequate; (ii that Class Counsel adequately represented the interests of the Settlement Class; (iii that the Settlement Class, excluding those persons who exercise their right to opt out of participation in the Settlement, will be certified; and (iv that the Final Approval Order approving the Settlement substantially in the form of Exhibit D and the Judgment in substantially the form of Exhibit E, should be entered. The Fairness Hearing may be continued from time to time as necessary without further notice to the Settlement Class.. Consequences of Non-Approval: If the Court does not grant final approval of the settlement reflected in this Agreement, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval is not achieved: (a any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b the fact of the settlement reflected in this Agreement, shall not be used or cited thereafter by any person or entity, including any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. I. OBJECTION -- SETTLEMENT AGREEMENT

44 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0. Any Class Member who has not timely requested exclusion may appear at the Final Approval Hearing to show cause why the Court should not approve this Settlement and dismiss the Action with prejudice, and may appear at the hearing to support or oppose Class Counsel s request or application for Attorneys Fees.. For a Class Member to have objections considered, the Class Member must file any objections and all papers in support of such objections with the Court in the time set forth in the Notice, which will be no later than sixty (0 days after entry of Preliminary Approval Order. All such written objections shall be served on Class Counsel and counsel for Defendant. The filing of any objection will not extend the time within which a member of the Settlement Class may file a request for exclusion from the settlement.. Any objection must include: ( the Class Member s complete name and residence or business address (giving the address of any lawyer who represents the Class Member is not sufficient; ( a statement that the Class Member falls within the definition of the Settlement Class, including the approximate date the Class Member purchased the Peg Perego children s riding vehicle product; and ( each ground for comment or objection and any supporting papers the Class Member desires the Court to consider (i.e., a mere statement that I object will not be deemed sufficient. J. OPT-OUT RIGHTS OF MEMBERS OF THE SETTLEMENT CLASS. Any member of the Settlement Class may request exclusion from the settlement in this Action by first class mail, personally signed, and stating unequivocally that he/she wishes to be excluded from this class action settlement. Any request for exclusion must be mailed to Class Counsel and counsel for Defendant, postmarked on or before sixty (0 days after Preliminary Approval Order, and referring, in the request for exclusion, to the name and number of this -- SETTLEMENT AGREEMENT

45 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 litigation, Hofmann v. Peg Perego et al., Case No. :-cv--cab-jlb. Such request shall state the name, address and phone number of the person requesting exclusion and that such person elects to be excluded from this litigation. The person requesting exclusion must sign the request for exclusion personally. No member of the Settlement Class who chooses to be excluded may submit a Claim Form. Any member of the Settlement Class who chooses to be excluded and who provides the requested information will not be bound by any judgment entered in connection with this Settlement. A list of persons who requested exclusion shall be filed with the Court by Defendant s counsel before the date of the Final Approval Hearing.. If more than three hundred (00 Class Members request exclusion, then Defendant has the unilateral right, in its sole discretion, to withdraw from this Settlement Agreement. This unilateral right to withdraw must be exercised within ten (0 days of Defendant s receipt of notification that the number of individuals validly requesting exclusion exceeds three hundred (00 individuals. Defendant s unilateral right to withdraw in this regard is waived if not so exercised. K. RELEASES. In addition to the effect of any final judgment entered in accordance with this Settlement Agreement, upon this Settlement becoming final, Peg Perego, and each of its attorneys, present and former parent companies, subsidiaries, divisions, affiliates, officers, directors, insurers, employees, agents and any of their legal representatives (and the present and former parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, dealers, retailers, and legal representatives, and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing will be released and forever discharged from all manner of claims, demands, actions, suits, causes of action, whether class, individual or otherwise in nature, damages whenever incurred, -- SETTLEMENT AGREEMENT

46 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 liabilities of any nature whatsoever, including costs, expenses, penalties and attorneys fees, known or unknown, suspected or unsuspected, in law or equity, that any Class Member (including any of their past, present or future agents, legal representatives, trustees, estates, heirs, executors and administrators, and whether or not they object to the Settlement, ever had, now has, or hereafter can, will or may have, arising out of (i conduct by Defendant related to the manufacturing, labeling, distribution and sales of Peg Perego children s riding vehicle products with a Made in USA or Made in the USA designation; (ii any violation or alleged violation of California Business & Professions Code. relating to same; and/or (iii any violation or alleged violation of any other California, federal, or other state statute of the other states, including but not limited to California Business & Professions Code 00 et seq., and California Civil Code 0 et seq. Each Class Member (including his or her past, present or future agents, legal representatives, trustees, parents, estates, heirs, executors and administrators is hereby barred from hereafter asserting any claim, demand, action, suit or cause of action, whether class or individual, against Defendant based, in whole or in part, upon any released claim. Defendant and its parent companies, subsidiaries and affiliated corporations, partnerships and businesses, past, present and future, and all of their past, present and future trustees, directors, officers, shareholders, partners, agents, employees, representatives, attorneys, insurers, hereby release Plaintiff and her counsel from any claims of abuse of process, malicious prosecution, or any other claims arising out of the institution, prosecution, assertion, or resolution of this Action, including, but not limited to, claims for attorneys fees, costs of suit, or sanctions of any kind.. Each Class Member and Defendant expressly waive the provisions of Section of the California Civil Code (and all other like provisions of law to -- SETTLEMENT AGREEMENT

47 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 the full extent that these provisions may be applicable to the releases in paragraph K(. California Civil Code, Section, provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.. Subject to the above, each Class Member or Defendant may hereafter discover facts other than or different from those which he, she, or it knows or believes to be true with respect to the claims being released. Nevertheless, each Class Member and Defendant hereby expressly waive and fully, finally and forever settle and release, upon this Settlement becoming final, any known or unknown, contingent or non-contingent claim in any way relating to the subject matter of the claims being released in paragraph K(, whether or not concealed or hidden, without regard to subsequent discovery or existence of such different or additional facts. L. FORCE AND EFFECT OF SETTLEMENT. In the event that this Settlement does not become final in accordance with the terms hereof, then this Settlement Agreement will be of no force or effect, except that the parties hereto agree that this Settlement Agreement, including its exhibits, and any and all negotiations, drafts of settlement documents and discussions associated with it, will be without prejudice to the rights of any party, will be inadmissible in evidence against any party, and further will not be deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing by Defendant, or of the truth of any of the claims or allegations contained in any complaint or any other pleading filed in the Action or any other action, and evidence thereof will not be discoverable or used directly or indirectly in any way, whether in the Action or in any other action or -- SETTLEMENT AGREEMENT

48 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 proceeding. Plaintiff and Defendant expressly reserve all of their rights and preserve all applicable defenses if this Settlement does not become final in accordance with the terms of this Settlement Agreement. In the event this Settlement is terminated, the Settlement Agreement and all matters leading up to or related to the Settlement are confidential settlement communications inadmissible under Federal Rules of Evidence, Rule 0 or and any and all other applicable federal and/or state laws. The provisions of this paragraph will survive and continue to apply to Defendant and each member of the Settlement Class, even if the Court does not approve the Settlement, or the Court s approval of this Settlement is set aside on appeal, or Defendant withdraws from the Settlement Agreement. Notwithstanding the foregoing, this Settlement Agreement may be used or admitted into evidence against any party as to whom this Settlement Agreement is being enforced. M. MISCELLANEOUS PROVISIONS. This Settlement Agreement will be binding upon and inure to the benefit of the successors of the parties hereto. Without limiting the generality of the foregoing, each and every covenant and agreement herein by Plaintiff and Class Counsel will be binding upon all Class Members.. This Settlement Agreement contains the entire, complete and integrated statement of each and every term and provision agreed to by and among the parties, and is not subject to any condition not provided for herein. This Settlement Agreement will not be modified in any respect except by a writing executed by all the signatories hereto.. Any inconsistency between this Settlement Agreement and the exhibits attached hereto will be resolved in favor of the Settlement Agreement.. None of the parties hereto will be considered to be the drafter of this Settlement Agreement or any provision hereof for the purpose of any statute, case -- SETTLEMENT AGREEMENT

49 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 law or rule of interpretation or construction that would or might cause any provision to be construed against the drafter thereof.. All terms of this Settlement Agreement and the exhibits hereto will be governed by and interpreted according to the substantive laws of the State of California without regard to its choice of law or conflict of laws principles.. Defendant and each Class Member hereby irrevocably submit to and agree not to contest the exclusive jurisdiction of the Court and agree that the Court is a proper venue and convenient forum, for purposes of any suit, action, proceeding or dispute arising out of or relating to this Settlement Agreement and/or the exhibits hereto. In the event the provisions of this Settlement Agreement are asserted by Defendant as a defense, in whole or in part, to any claim or cause of action or otherwise raised as an objection in any suit, action or proceeding by a Class Member, it is hereby agreed that Defendant will be entitled to a stay of that suit, action or proceeding until the Court has entered a final judgment no longer subject to any appeal or review determining any issues relating to the defense or objection based on such provisions.. This Settlement Agreement may be executed in counterparts. Facsimile and/or with PDF signatures will be considered as valid signatures as of the date hereof, although the original signature pages will thereafter be appended to this Settlement Agreement. / / / / / / / / / / / / / / / / / / / / / -- SETTLEMENT AGREEMENT

50 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of

51 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit A

52 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, CASE NO..-cv--CAB-JLB Plaintiff, vs. PEG PEREGO U.S.A., Inc., an Indiana Corporation; and DOES through 00, inclusive, Defendants. NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DON T ACT. PLEASE READ THIS NOTICE CAREFULLY.. Introduction - This notice concerns a proposed settlement (the Settlement of a lawsuit (the Action against PEG PEREGO U.S.A., INC., ( Peg Perego or Defendant on behalf of anyone who purchased a Peg Perego children s riding vehicle product in the United States during the period from August, 00 to December, 0, that bore an unqualified Made in USA or Made in the USA label (hereinafter simply referred to as Made in USA rather than with a qualified label such as Made in the USA of domestic and global parts. The Action is currently pending in the United States District Court for the Southern District of California (the Court. The Court has certified the Action to proceed as a class action, for purposes of settlement only, on behalf of the class described below. The details of the proposed settlement are set forth below in the Proposed Settlement.. Court Approval - This Notice of Proposed Class Action Settlement was court approved in its entirety by the Agreement of Settlement on file with the Court.. Purpose of Notice - This notice is intended ( to inform you of the Settlement of the Action, ( to describe the Settlement, and ( to advise you of your rights and your options with respect to the Settlement.. Description of the Action - This Action alleges that Defendant violated California law, and other state laws, by improperly labeling and selling its children s riding vehicles ( Vehicles as being Made in USA when doing so was prohibited by California

53 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of and/or federal statute. The Action seeks, among other things, an award of damages against Defendant as a result of this alleged conduct.. Defendant s Denial Defendant denies each and every one of the allegations of the operative complaint and has asserted a number of defenses to the claims.. Definition of the Class - The Settlement Class is defined as anyone who purchased a Peg Perego children s riding vehicle product in the United States between August, 00 to December, 0, that bore the Made in USA label.. The Proposed Settlement - The parties have reached a proposed settlement of this action, which the attorneys for the Settlement Class believe is fair, reasonable, adequate and in the best interest of class members. Defendant agreed to the settlement, without admitting liability, to avoid the costs and other burdens of continued litigation. The proposed settlement provides: (i a free children s safety vest (valued at $0.00, subject to the terms and limitations described in paragraph below, to every Class Member who does not opt out of the settlement and returns a valid Claim Form, (ii a permanent injunction against Peg Perego; and (iii an agreement by Defendant to pay all costs related to sending this notice and of receiving, processing and paying class members claims under this settlement. Peg Perego also agrees to ( pay an incentive award (to the extent awarded by the Court to the class representative Eric Hofmann in the amount of $,000.00, and ( pay Class Counsel s attorneys fees and costs (to the extent awarded by the Court in amount not to exceed $, Plaintiff shall file a motion for recovery of attorneys' fees and costs with the Court and Defendant agrees not to object to the extent Plaintiff does not request more than the abovestated sums.. Terms of Restitution to Class Members - Class Members who do not opt out and who return a valid claim form will receive a safety vest product worth $0.00 from Peg Perego for every qualifying Class Product purchased during the Class Period.. Releases - In return for the settlement described above, members of the Settlement Class who do not request exclusion from the class agree to release (give up all claims against Defendant arising out of (i conduct by Defendant related to the manufacturing, labeling, distribution, and sale of products with a Made in USA country of origin designation, (ii any violation or alleged violation of California Business & Professions Code., and/or (iii any violation or alleged violation of any other statute, including but not limited to California law, predicated on (i, or (ii. 0. How to Make a Claim - Only Class Members who submit a Claim Form postmarked no later than, 0 will be eligible to participate in the settlement. Claim Forms postmarked after, 0 will not be considered. If you received this Notice in the mail, a Claim Form is enclosed. If you received this Notice in any other way or do not have a Claim Form, you may go to to obtain a copy of the form. Once completed, mail the claim form and proof of purchase to: Peg Perego Class Action c/o KCC

54 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of P.O. Box XXXX Novato, CA Approved claims will be honored after the Settlement Effective Date and processing of all Claims Forms.. Request for Exclusion from the Class - Under California law, if you are a member of the Settlement Class, you have the right to be excluded from the class. If you wish to be excluded from the class, you must mail a letter so that it is postmarked no later than, 0 to the address listed in paragraph 0 above. The letter must clearly state your full name, current mailing address, phone number, and signature and include the following statement: I want to be excluded from the plaintiff class in Hofmann v. Peg Perego et al., United States District Court, Case No..-cv--CAB-JLB. The request for exclusion must be submitted in your own name and signed by you personally; no individual may request that other persons be excluded from the class. Do not send a letter requesting exclusion if you wish to remain a class member or file a claim for the safety vest product restitution under the settlement. If you exclude yourself from the class, you will not be entitled to share in any benefits that the class may obtain. If you do not exclude yourself, you will not be able to file a separate claim against Defendant based on the events, circumstances and/or practices alleged in the Action.. Objection - If you do not request exclusion, you may still object to the proposed settlement. You may also move to appear in the action. If you wish to object, you must file a written objection with the Court. The objection must include: ( your complete name and current residence and business address (giving the address of any lawyer who represents you is not sufficient; ( a statement that you fall within the definition of the class; and ( each ground for comment or objection and any supporting papers you wish the Court to consider (i.e., a mere statement that I object will not be deemed sufficient. You or your personal attorney may attend the settlement hearing and state your support or objection orally, but you are not required to do so. If you intend to attend the hearing and orally state your opinion, your written objection must also state I intend to appear at the hearing. Only class members, or their attorneys, who have submitted a timely written objection, will have their objections considered by the Court, or be heard at the final hearing on approval of the settlement. To be considered, a written objection must be filed with the Court and mailed to the Settlement Administrator and the counsel no later than, 0 at the following addresses: United States District Court, Southern District of California Hon. Cathy Ann Bencivengo Courtroom C (th Floor - Schwartz Suite West Broadway San Diego, CA 0

55 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of / / / Counsel for the Class Counsel for Defendant Peg Perego: John H. Donboli Kevin D. Rising DEL MAR LAW GROUP, LLP BARNES & THORNBURG, LLP 0 El Camino Real, Suite 0 0 Century Park East, Suite 00 San Diego, CA 0 Los Angeles, CA 00-0 Tel: ( - Tel: (0-0 If you wish to submit a brief to the Court in support of any objection, such brief must be filed with the Court, and served by mail on counsel for the plaintiff class and counsel for Defendant, at the addresses listed above no later than, 0.. Hearing On Settlement - The Court will hold a final Fairness Hearing to consider: (a whether the tentative settlement summarized above is fair, reasonable, adequate, and in the best interests of the plaintiff class, and (b whether Plaintiff and her attorneys have fully, fairly and adequately represented the plaintiff class in the action and in negotiating the settlement. The Fairness Hearing is presently scheduled for, 0 at a.m./p.m. in Courtroom C of the United States District Court for the Southern District of California, Edward J. Schwartz Courthouse, West Broadway, San Diego, CA 0. The time and date of the approval may be changed by the court order without further notice to the class.. Hearing On Class Counsel Fees and Class Representative Incentive Award - The Court will also hold a hearing on, 0 at a.m./p.m. to consider whether to award attorneys fees and costs to Class Counsel and whether to award a class representative enhancement fee to Plaintiff. The motion shall be heard in Courtroom C of the United States District Court for the Southern District of California, Edward J. Schwartz Courthouse, West Broadway, San Diego, CA 0. The time and date of the hearing may be changed by the Court without further notice to the class. At the above-referenced court hearing, Plaintiff shall request that the Court grant: (i a class representative incentive award to Mr. Eric Hofmann in the amount of $,000.00; and (ii payment by Defendant of Class Counsel s attorneys fees and reimbursement of expenses in the amount of $, Defendant agreed not to oppose such motion to the extent the amounts requested do not exceed these amounts. Any party, including Class Members, who wish to file an objection and/or oppose the settlement and/or Plaintiff s motion for fees are instructed to do so in writing by, 0 by filing with the Court and serving (by hand delivery or by First Class regular U.S. mail such objections to Class Counsel, Attn: John H. Donboli, DEL MAR LAW GROUP, LLP, 0 El Camino Real, Suite 0, San Diego, CA 0, and Counsel for Defendant, Attn: Kevin D. Rising, BARNES & THORNBURG, LLP, 0 Century Park East, Suite 00, Los Angeles, CA In addition, if a Class Member wishes to submit to the Court any brief in support of his or her objection, he or she must file the brief with the Court and serve it on both Class Counsel and counsel for Defendant prior to, 0.

56 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of. More Information - Do not contact the Court regarding this Notice or the lawsuit. If you wish additional information about this notice or the settlement, you may examine the Court s file on the case at the address shown above or you may contact Plaintiff s attorneys in writing at the address in paragraph above. The Court has not ruled in favor of or against the Plaintiff or Defendant on the merits of any of their claims, denials, or defenses in this case.

57 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit B

58 Hofmann Case v. Peg :-cv-0-cab-jlb Perego U.S.A., Inc. Document - Filed 0/0/ Page of P.O. Box XXX, CA Hofmann v. Peg Perego U.S.A., Inc. P.O. Box XXX Claims City, CA PROOF OF CLAIM United States District Court Case No..-cv--CAB-JLB To make a Claim, you must fully complete this Proof of Claim form ("Claim Form" so that is postmarked no later than, 0. A complete description of the class qualifications and claim benefits can be found at: until, 0. If you are an eligible Class member and wish to receive a settlement payment, you must complete and return this Claim Form to the Claims Administrator online or at the address listed above. You are eligible to receive a free children s safety vest worth $0.00. Eligible Class members are those who purchased any of the products on the attached list of eligible Peg Perego products during the period August, 00 to December, 0 that bore an unqualified "Made in USA" or Made in the USA label on the product and/or product packaging. Information about the Peg Perego Product:. Product Name (Please select from the attached list or drop down for internet claims:. Approximate Date of Purchase (dd/mm/yyyy: / / Declaration THE WILLFUL SUBMISSION OF A FALSE CLAIM CONSTITUTES THE CRIME OF PERJURY AND IS PUNISHABLE BY CALIFORNIA LAW. I certify under penalty of perjury that I purchased the above-listed Peg Perego product and that it bore an unqualified "Made in USA" label on the product and/or product packaging. The above information is true and correct to the best of my knowledge. Signature: Date: Print Name: Please do not forget to sign this claim form. If you do not sign it, your claim will not be processed and will be denied.

59 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit C

60 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana Corporation; and DOES through 00, inclusive, action; and Defendants. Case No..-cv--CAB-JLB CLASS ACTION [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE Judge: Hon. Cathy Ann Bencivengo Dept.: C WHEREAS, this action is pending before this Court as a putative class WHEREAS, the parties applied to this Court for an Order preliminarily approving the settlement of the above-captioned litigation ("Action" in accordance with the parties' Settlement Agreement, dated May, 0, which, together with the exhibits annexed thereto, sets forth the terms and conditions for a proposed settlement of the Action, and for dismissal of the Action with prejudice against -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

61 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 defendant PEG PEREGO U.S.A., INC. ("Peg Perego or Defendant" upon the terms and conditions set forth therein; and the Court having read and considered the Settlement Agreement and the exhibits annexed thereto; NOW, THEREFORE, it is hereby ORDERED:. This Preliminary Approval Order incorporates by reference the definitions in the Settlement Agreement, and all terms used herein shall have the same meaning as set forth in the Settlement Agreement.. The Court hereby preliminarily approves the Settlement Agreement.. The Court finds that the requirements of Federal Rule of Civil Procedure (a and (b( have been satisfied, in that (a the Settlement Class is so numerous that joinder of all individual Settlement Class Members is impracticable; (b there are questions of law and fact common to the Settlement Class and those common questions of law and fact predominate over any individual questions; (c the claims of the Plaintiff are typical of the claims of the Class; (d the Plaintiff and Class Counsel will fairly and adequately represent the interests of the Class; and (e a class action is superior to other available methods for the fair and efficient adjudication of the controversy.. Accordingly, the Court hereby conditionally certifies the Settlement Class for settlement purposes only. The Settlement Class is defined as follows: All persons in the United States who purchased any Class Product between August, 00 and December, 0. Excluded from the Settlement Class are all persons who are employees, directors, officers, and agents of Defendants or its subsidiaries and affiliated companies, as well as the Court and its immediate family and staff.. Having considered the relevant factors set forth in Rule, the Court has made a preliminary determination that Plaintiff Eric Hofmann and Class Counsel are adequate representatives of the Settlement Class and hereby appoints them as such solely for purposes of settlement. -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

62 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of 0 0. Preliminary Approval of Settlement. The Parties have agreed to settle the Action upon the terms and conditions set forth in the Agreement, which has been filed with and reviewed by the Court.. The Court preliminarily finds: (a that Plaintiff in the Action, by and through his counsel, has investigated the facts and law relating to the matters alleged in his complaint and evaluated the risks associated with continued litigation, trial, and/or appeal; (b that the Settlement was reached as a result of arm s-length negotiations between counsel for Plaintiff and counsel for Defendant and a mediation session with a respected mediator, the Honorable Wayne J. Peterson (Ret.; (c that the proponents of the settlement, counsel for the parties, are experienced in similar litigation; and (d that the Settlement confers substantial benefits upon the Settlement Class, particularly in light of the damages that Plaintiff and Class Counsel believe are potentially recoverable or provable at trial, without the costs, uncertainties, delays, and other risks associated with continued litigation, trial, and/or appeal.. Accordingly, the Court preliminarily approves the Agreement and the terms and conditions of the Settlement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure (e, subject to further consideration at the Fairness Hearing (as described below.. Fairness Hearing. Pursuant to Rule (e, a hearing (the Fairness Hearing will be held before this Court at Courtroom C (th Floor - Schwartz, Suite, West Broadway, San Diego, CA 0 on, 0, at a.m./p.m., to determine: (a whether the proposed settlement of the Action on the terms and conditions provided for the in the Settlement Agreement are fair, reasonable and adequate, and (b whether a final approval order and judgment should be entered herein. The Court may adjourn or continue the Final Approval Hearing without further notice to the Settlement Class. -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

63 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of The parties may further modify the Agreement prior to the Fairness Hearing so long as such modifications do not materially change the terms of the Settlement provided thereunder. The Court may approve the Agreement with such modifications as may be agreed to by the parties, if appropriate, without further notice to the Settlement Class.. After the Fairness Hearing, the Court may enter a Final Order and Judgment in accordance with the Agreement that will adjudicate the rights of the Settlement Class Members (as defined in the Agreement with respect to the claims being settled.. Approval of Form of Notice. The Court hereby approves, as to form and content, the forms of notice annexed as Exhibits A, F, and H to Settlement Agreement and the Notice Program set forth in paragraphs E. to E. of the Settlement. The Court finds that the Notice and Summary Notice meet the requirements of Federal Rule of Civil Procedure (c((b and (e, and due process, and are the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all persons entitled thereto.. Approval of Notice Procedures. The Court hereby approves the procedures set forth in the Settlement Agreement, and described below, for providing notice to the proposed Settlement Class. The Court finds that the procedures are fair, reasonable, and adequate; the best notice practicable under the circumstances; consistent with due process; and shall constitute due and sufficient notice to all persons entitled thereto.. Within twenty (0 days of the date of this Order, the Court hereby directs Defendant to distribute the Notice as set forth in paragraphs E. to E. of the Settlement. Defendant shall pay the costs of claims administration, including the costs associated with preparing, printing and disseminating to the Settlement Class the Notices as set forth in paragraphs E. - E. of the Settlement Agreement -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

64 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 in an amount not to exceed $0, At least thirty (0 days prior to the Fairness Hearing, Defendant, through its counsel of record, shall cause to be filed with the Court a sworn affidavit evidencing compliance with the provisions of Settlement Agreement as it relates to providing Notice.. Pending resolution of these settlement proceedings, no other action now pending or hereinafter filed arising out of all or any part of the subject matter of the Action shall be maintained as a class action and, except as provided by further order of the Court, for good cause shown, all persons are hereby enjoined, during the pendency of these settlement proceedings, from filing or prosecuting purported class actions against Defendant with respect to any of the Released Claims as defined in the Settlement Agreement.. Upon the Settlement Effective Date, as defined in the Settlement Agreement, all members of the Settlement Class who have not opted out of the settlement shall be enjoined and barred from asserting any of the Released Claims against Peg Perego and the Released Parties, and each Class Member shall be deemed to release any and all such Released Claims as against Peg Perego and the Released Parties, as these terms are defined in the Settlement Agreement.. Any Class Member may enter an appearance through counsel of such member's own choosing and at such member's own expense or may appear individually and show cause, if he or she has any facts or arguments to present, as to: (a why the proposed settlement of the Action as set forth in the Settlement Agreement should or should not be approved as fair, reasonable, and adequate; and (b why the final approval order and judgment should or should not be entered on the proposed Settlement Agreement. However, no Class Member or any other person shall be heard or entitled to contest the approval of the terms and conditions of the proposed settlement, or, if approved, the Final Approval Order and -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

65 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 Judgment to be entered thereon approving the same or the fees and expenses to be awarded, unless on or before, 0, that person has filed with the Court and served (by hand delivery or by First Class regular U.S. mail written objections complying with the specifications in the Notice. Service of any objections shall be made to Class Counsel, Attn: John H. Donboli, DEL MAR LAW GROUP, LLP, 0 El Camino Real, Suite 0, San Diego, CA 0, and Peg Perego s Counsel: Kevin Rising, BARNES & THORNBURG LLP, 0 Century Park East, Suite 00, Los Angeles, CA In addition, if a Class Member wishes to submit to the Court any brief in support of his or her objection, he or she must file the brief with the Court and serve it on both Class Counsel and counsel for Defendant prior to, 0.. Any Class Member who does not make their objection in the manner provided for in this Preliminary Approval Order shall be deemed to have waived such objection and shall forever be foreclosed from making any objection to or appeal of the fairness, reasonableness or adequacy of the proposed settlement, and to the award of fees and expenses to Class Counsel and other costs, all as set forth in the Settlement Agreement and Preliminary Order. 0. Any member of the Settlement Class may choose to exclude himself or herself from the settlement. Any such person who chooses to be excluded from the settlement will not be entitled to any recovery and will not be bound by the Settlement Agreement or have any right to object, appear or comment thereon. Any such person who chooses to request exclusion may do so by submitting a written statement requesting exclusion from the class on or before, 0. Such written request for exclusion must contain the name, address, and telephone number of the person requesting exclusion, reference the name and number of this litigation (Hofmann v. Peg Perego et al., United States District Court, Case No. :-cv--cab-jlb, be signed personally by -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

66 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 the person requesting exclusion, and be mailed to Class Counsel and counsel for Defendant and postmarked on or before, 0.. Neither the Settlement Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be construed in this or any lawsuit as an admission or concession by Defendant of the truth of any of the allegations of the Action, or of any liability, fault, or wrongdoing of any kind, or by the named Plaintiff Eric Hofmann or any other member of the Settlement Class of the merit of any defense or lack of merit of any claim.. The Court reserves the right to continue or adjourn the date of the Fairness Hearing without further notice to the Settlement Class, and retains jurisdiction to consider all further applications arising out of or connected with the proposed settlement.. Class Counsel and Defense Counsel are hereby authorized to use all reasonable procedures in connection with approval and administration of the settlement that are not materially inconsistent with this Preliminary Approval Order or the Agreement, including making, without further approval of the Court, minor changes to the form or content of the Notice, Summary Notice, and other exhibits that they jointly agree are reasonable or necessary to effectuate the Settlement and the purposes of this Preliminary Approval Order. IT IS SO ORDERED. DATED:, 0 By: HONORABLE CATHY ANN BENCIVENGO U.S. DISTRICT COURT JUDGE -- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING FORM AND MANNER OF SERVICE

67 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit D

68 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana Corporation; and DOES through 00, inclusive, Defendants. Case No..-cv--CAB-JLB CLASS ACTION [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT Judge: Hon. Cathy Ann Bencivengo Courtroom: C WHEREAS this matter, having been brought before the Court on, 0, pursuant to the Court's Order Granting Preliminary Approval of the Class Action Settlement, to determine whether the Settlement Agreement, dated May, 0 (the "Settlement Agreement", between named plaintiff ERIC HOFMANN ( Plaintiff on behalf of herself and all members of the Class, and defendant PEG PEREGO U.S.A., INC. ("Peg Perego" or "Defendant", is fair and reasonable and should be approved as in the best interest -- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

69 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 of the Class Members; and WHEREAS notice of the proposed Settlement having been given to all members of the Class as directed by this Court's Order Granting Preliminary Approval of the Class Action Settlement, and proof of notice having been filed with the Court; and WHEREAS the Court has received and reviewed the Settlement Agreement and its exhibits; and WHEREAS all persons present or represented at the hearing, who were entitled to be heard pursuant to the Class Notice, having been given an opportunity to be heard; and counsel for the parties having appeared in support of the Settlement; and Class Counsel having represented to the Court that in their opinion the Settlement is fair and reasonable and in the best interests of the Class Members; and WHEREAS the Court having considered all documents filed in support of the Settlement, and fully considered all matters raised, all exhibits and affidavits filed and all evidence received at the hearing, all other papers and documents comprising the record herein, and all oral arguments presented to the Court; IT IS HEREBY ORDERED as follows:. For all purposes of this Order Granting Final Approval of Class Action Settlement ("Order", the Court adopts all defined terms as set forth in the Settlement Agreement, which is incorporated herein by this reference.. For purposes of this Order, "Class" shall mean: All persons in the United States who purchased any Class Product between August, 00 and December, 0. Excluded from the Settlement Class are all persons who are employees, directors, officers, and agents of Defendants or its subsidiaries and affiliated companies, as well as the Court and its immediate family and staff. -- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

70 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0. For purposes of this Order, "Class Member(s" shall mean all persons who are members of the Class and who have not timely exercised their rights to opt out of participation in the Settlement. The list of persons excluded from the Class because they filed valid requests for exclusion ("Opt-Outs" is attached hereto as Exhibit A. Such persons on the Opt-Out list are not bound by the Judgment or the terms of the Settlement and may pursue their own individual remedies against Defendant. However, such Persons are not entitled to any payments provided to Class Members by the terms of the Settlement.. The Court has jurisdiction over the subject matter of the Action.. All Class Members having been given adequate notice, the opportunity to be heard and the opportunity to opt out of the Class, the Court finds that it has personal jurisdiction over each Class Member.. The Court has personal jurisdiction over Peg Perego because, among other reasons, Peg Perego did not timely challenge personal jurisdiction.. The Court approves the Settlement of the litigation set forth in the Settlement Agreement as being fair, just, reasonable and adequate to the Class Members. The terms and provisions of the Settlement are the product of armslength negotiations conducted in good faith and with the assistance of an experienced mediator, Judge Wayne Peterson, of ADR Services, Inc. Approval of the Settlement will result in substantial savings of time, money and effort to the Court and the Parties, and will further the interests of justice.. Any and all objections to the Settlement and Settlement Agreement are overruled as being without merit.. This Action may be maintained as a class action for settlement purposes. 0. The Court certifies this litigation as a class action for settlement purposes and certifies the class as comprised of all Class Members. -- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

71 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0. The Court finds that the requirements of Federal Rule of Civil Procedure (a and (b( have been satisfied, in that (a the Settlement Class is so numerous that joinder of all individual Settlement Class Members is impracticable; (b there are questions of law and fact common to the Settlement Class and those common questions of law and fact predominate over any individual questions; (c the claims of the Plaintiff are typical of the claims of the Class; (d the Plaintiff and Class Counsel will fairly and adequately represent the interests of the Class; and (e a class action is superior to other available methods for the fair and efficient adjudication of the controversy.. The Court also find that named plaintiff Eric Hofmann and Class Counsel fairly and adequately represent the Class Members and satisfy the requirements to be representatives of and counsel to Class Members for settlement purposes.. The Notice provided to the Class Members pursuant to the Order Granting Preliminary Approval of Class Action Settlement constitutes full and adequate notice and is in full compliance with the requirements of due process of law.. The Settlement shall be implemented and consummated in accordance with the definitions and terms of the Settlement Agreement.. Neither the Settlement Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it shall be construed as an admission or concession by Defendant of the truth of any of the allegations in the Action, or of any liability, fault or wrongdoing of any kind.. The Action, and each allegation, claim, and cause of action asserted therein against Defendant are dismissed on the merits and with prejudice as to Eric Hofmann and all Class Members.. Eric Hofmann and all Class Members, on behalf of themselves and -- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

72 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of 0 0 any of their respective agents, successors, heirs, assigns, and other persons and entities referenced in the Settlement Agreement, for good and sufficient consideration, are deemed to have forever released Peg Perego and/or the Released Parties as defined in the Settlement Agreement.. Eric Hofmann and all Class Members are permanently barred and enjoined from commencing or continuing to prosecute or otherwise asserting the Released Claims, or any of them, in whole or in part, whether class or individual, against Peg Perego and/or Released Parties.. The Court hereby reserves jurisdiction over the Action and Settlement to enforce the terms of the judgment. 0. This Order is final for purposes of appeal and may be appealed, and the Clerk is hereby directed to enter judgment thereon. If this Order does not become "Final" in accordance with the terms of the Settlement Agreement (because the Judgment is set aside, in whole or in material part after being timely appealed, then this Order, and all other orders entered in connection with this Settlement (including without limitation, the Order Granting Preliminary Approval of Class Action Settlement shall be rendered void ab initio, and vacated in accordance with the terms of the Settlement Agreement. IT IS SO ORDERED. DATED:, 0 By: HONORABLE CATHY ANN BENCIVENGO U.S. DISTRICT COURT JUDGE -- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

73 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit E

74 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFMANN, an individual and on behalf of all others similarly situated, vs. Plaintiff, PEG PEREGO U.S.A., INC., an Indiana Corporation; and DOES through 00, inclusive, Defendants. Case No..-cv--CAB-JLB CLASS ACTION FINAL JUDGMENT AND INJUNCTION Judge: Hon. Cathy Ann Bencivengo Courtroom: C Plaintiff ERIC HOFMANN ( Plaintiff, both individually and on behalf of all members of the class, and defendant PEG PEREGO U.S.A., INC. ( Defendant, through its attorneys of record, having stipulated to the entry of this Final Judgment and Permanent Injunction (the Judgment without the taking of proof, without trial or adjudication of any fact or law herein, without the judgment constituting evidence of or an admission by Defendant regarding any issue of fact or law alleged in the Complaint herein, and without Defendant admitting any -- FINAL JUDGMENT AND INJUNCTION

75 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 liability, and good cause appearing therefore: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:. This action is brought under California law, and this Court has jurisdiction over the allegations and subject matter of the Complaint on file herein.. This Court has personal jurisdiction over the parties to this action, including the Class Members (as defined below.. This Judgment has been reviewed by this Court, and this Court finds that it has been entered into in good faith and to be in all respects suitable and equitable.. The injunctive provisions of this Judgment are applicable to Peg Perego, including its successors in interest and the assigns of all or substantially all of the assets of their business; their directors, officers, employees, agents, managers, members, and principals (collectively, the Enjoined Parties.. Pursuant to California Rules of Court, Rule.(a, the members of the class are all persons who purchased a Peg Perego children s riding vehicle product in California between August, 00 to December, 0 that bore an unqualified Made in USA designation and who do not timely exercise his or her right to opt out of participation in the settlement (the Class Members.. Permanent Injunction. Without admitting any liability or wrongdoing whatsoever, pursuant to California Business and Professions Code Sections 0, the Enjoined Parties, and each of them, shall be enjoined and restrained from directly or indirectly doing or performing any and all of the following acts or practices: representing, labeling, advertising, selling, offering for sale, and/or distributing any of the children s riding vehicle products in the list attached to the Settlement Agreement as Exhibit G, with an unqualified Made in USA or similar designation when the product or any article, unit, or part thereof, has been -- FINAL JUDGMENT AND INJUNCTION

76 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 entirely or substantially made, manufactured, or produced outside of the United States.. Restitution to Class Members. Without admitting any liability or wrongdoing whatsoever, Peg Perego shall send to each Class Member who timely submitted a properly completed, signed claim form (received either online or by mail that is not rejected by the Claims Administrator or Defendant, a safety vest product valued at $0.00, for each qualifying Class Product purchased during the Class Period.. This Court retains jurisdiction for the purpose of enabling any party to this Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Judgment, for the modification of any of the provisions hereof, for the enforcement of compliance herewith, and for the punishment of violations hereof.. The parties agree to negotiate in good faith to try to resolve any disputes that may arise relating to this Judgment. Plaintiff shall give Defendant twenty (0 days notice before filing an application or other pleading seeking contempt of court or other sanctions for any purported violation of this Judgment. 0. Nothing in this Judgment shall be deemed to permit or authorize any violation of the laws, rules, or regulations of California and/or the other states and the District of Columbia or otherwise be construed to relieve Defendant of any duty to comply with any applicable laws, rules, or regulations.. This Judgment is a final resolution and disposition of all those matters, claims, and causes of action alleged in the Complaint herein. This Judgment shall have a res judicata effect that bars Plaintiff and all Class Members from bringing and asserting any action, claim, demand, or cause of action against Defendant, its predecessors, heirs, representatives, assigns, agents, distributors, customers, retailers, insurers, or employees, past and present, alleging any -- FINAL JUDGMENT AND INJUNCTION

77 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0 violation of: ( California Business & Professions Code 00, et seq.; ( California Business & Professions Code., ( California Civil Code 0 et seq.; and ( any other California law arising out of their conduct related to representing, labeling, advertising, selling, offering for sale, and/or distributing Peg Perego children s riding vehicle products with an unqualified Made in USA or similar designation when the product or any article, unit, or part therein, was made, manufactured, or produced outside of the United States.. This Judgment shall take effect immediately upon entry thereof, without further notice to Defendants.. The Court finds that an attorneys fees award of $, is fair and reasonable and awards same to Class Counsel. This award shall be inclusive of Class Counsel s costs and expenses.. The Court further awards Plaintiff Eric Hofmann an incentive award of $,000.00, which the Court finds to be fair and reasonable.. The attorneys fees award, reimbursement of expenses, and the Plaintiff incentive award shall be paid within ten (0 business days after the date of this Judgment. If not so paid, then interest on such award, fees and expenses shall accrue from the date of this Judgment until paid at the maximum rate allowed by law.. The Clerk shall enter this Judgment forthwith. IT IS SO ORDERED. DATED:, 0 By: HONORABLE CATHY ANN BENCIVENGO U.S. DISTRICT COURT JUDGE -- FINAL JUDGMENT AND INJUNCTION

78 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit F

79 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Legal Notice IF YOU PURCHASED A PEG PEREGO CHILDREN S RIDING VEHICLE PRODUCT BETWEEN AUGUST, 00 AND DECEMBER, 0, YOU MAY BE ELIGIBLE TO PARTICIPATE IN A CLASS ACTION SETTLEMENT. Hofmann v. Peg Perego et al. Settlement Administrator P.O. Box 0000 Novato, CA Postal Service: Please do not mark barcode ABC---0 First Name Last Name Any Street City, ST First-Class Mail US Postage Paid Permit # THIS LEGAL NOTICE HAS BEEN APPROVED BY A UNITED STATES DISTRICT COURT This Notice concerns a proposed settlement of a class action lawsuit against Peg Perego. The lawsuit alleges that Peg Perego violated the law by labeling its children s riding vehicle products with an unqualified "Made in USA" label rather than with a qualified label such as Made in the USA of domestic and global parts. Peg Perego denies any liability in this case. The Court has not held a trial or ruled in favor of either party on any disputed issues. Peg Perego and the plaintiff have agreed to settle the matter to avoid the costs of continued litigation. The proposed settlement includes all persons who purchased a Peg Perego children s riding vehicle product from August, 00 to December, 0, that stated Made in USA on the product and/or product packaging. Together these people are called a Class or Class Members. Class Members are eligible to receive a free children s safety vest, valued at $0.00. To receive your free safety vest, Class Members must submit a completed Claim Form on-line or by mail by Month 00, 0. The Claim Form can be found at or can be mailed to you by calling Peg Perego has also agreed to a permanent injunction, and to pay the named class representative, Eric Hofmann, a one-time fee of $,000 to reimburse him expenses and time. Peg Perego also agreed to pay plaintiff's counsel a not to exceed amount of $,000.00, which is inclusive of Class Counsel s expenses and costs. The Court may award less than the amounts requested. What are Your Options? If you submit a claim form or do nothing, you are choosing to stay in the Class. This means you will be legally bound by all orders and judgments of the Court, and you will not be able to sue Peg Perego about the legal claims resolved by this settlement. If you stay in the Class you may object to the settlement. Objections and requests to appear are due by Month 00, 0. If you do not want to stay in the Class, you must submit a request for exclusion by Month 00, 0. If you exclude yourself, you cannot get a payment from this settlement, but you will keep any rights to sue Peg Perego for the same claims in a different lawsuit. The United States District Court will hold a hearing in this case (Hofmann v. Peg Perego et al. Case No. :-cv-0- CAB-JLB, on Month 00, 0 at 00:00 _.m. to consider whether to approve: the settlement; Class Counsel s request for fees and expenses; and the payment to the Class Representative. If approved, the settlement will release Peg Perego for all claims relating to the Made in USA labeling of Peg Perego children s riding vehicle products from August, 00 to December, 0. For more information, in English or en Español, and to obtain or fill out the claim form, go to or call

80 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit G

81 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Peg Perego Class Products (with Model Numbers. JD LOADER GREEN IGCD0. JD LOADER W/ TRAILER GREEN IGCD0. JD FARM TRACTOR W/ TRAILER IGCD0. JD MINI LOADER W/ TRAILER IGCD0. JOHN DEERE FRONT LOADER IGCD0. CASE IH TRACTOR & TRAILER IGCD0. JOHN DEERE MINI POWER LOADER IGED. CASE IH LIL TRACTOR & TRAILER IGED. CHOO CHOO EXPRESS TRAIN IGED 0. JOHN DEERE GATOR HPX SE IGOD00. POLARIS TRAIL BOSS IGOD00. POLARIS TRAIL PRINCESS IGOD00. JOHN DEERE GATOR HPX IGOD00. JOHN DEERE GATOR XUV BLACK IGOD00. JOHN DEERE GATOR XUV IGOD00. POLARIS RZR 00 -VOLT RED IGOD00. JOHN DEERE GATOR XUV DE IGOD00. POLARIS RZR 00 PINK -VOLT IGOD00. POLARIS RZR 00 PINK -VOLT IGOD00 0. POLARIS RZR 00 CAMO IGOD00. POLARIS SPORTSMAN 00 TWIN ORANGE IGOD00. POLARIS RANGER RZR RED IGOD0. POLARIS RZR SILVER IGOD0. POLARIS SPORTSMAN 0 IGOD0. POLARIS SPORTSMAN 0 SILVER IGOD0. JOHN DEERE GROUND FORCE TRACTOR IGOR00. JOHN DEERE TURF TRACTOR W/ TRAILER IGOR000. POLARIS OUTLAW RED IGOR00. POLARIS OUTLAW PINK IGOR00 0. JOHN DEERE FARM POWER IGOR000. CASE IH MAGNUM TRACTOR AND TRAILER IGOR00. JD POWER LOADER IGOR00. CASE IH POWER SCOOP IGOR00. JOHN DEERE POWER LOADER W/ TRAILER IGOR00. JD POWER LOADWER W/ TRAILER W/ IGOR00 SOUND. CASE IH MAGNUM TRACTOR & TRAILER IGOR00 PINK. JOHN DEERE GROUND LOADER TRACTOR IGOR00. JOHN DEERE STAKE SIDE TRAILER IGTR0

82 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page 0 of Exhibit H

83 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Hofmann v. Peg Perego et al. Case No. :-cv-0-cab-jlb, United States District Court, Southern District of California A United States District Court ordered distribution of notice in connection with a proposed settlement of a Class Action. This is not a solicitation. ATTENTION ALL PERSONS IN THE UNITED STATES WHO PURCHASED A PEG PEREGO CHILDREN S RIDING VEHICLE PRODUCT THE ACTION AND THE SETTLEMENT. This Notice concerns a proposed settlement of a class action lawsuit filed against Peg Perego U.S.A., Inc., ( Peg Perego. The lawsuit alleges that Peg Perego violated the law by labeling its children s riding vehicle products with an unqualified "Made in USA" label rather than with a qualified label such as Made in the USA of domestic and global parts. Plaintiff believes he has viable claims, both individually and on behalf of a class of consumers against Peg Perego, and Peg Perego believes it has valid defenses and denies wrongdoing. Notwithstanding, Peg Perego and Plaintiff (collectively the Parties agreed to settle the matter even though the Court has not held a trial or ruled in favor of either party on any disputed issues. WHO IS ENTITLED TO TAKE PART IN THE SETTLEMENT. If you purchased any of Peg Perego models of children s riding vehicle product in the United States from August, 00 through December, 0 that bore an unqualified MADE IN USA country of origin designation, you are a Class Member and a proposed class action settlement ( Settlement could affect your legal rights. You may be entitled to file a claim and take part in this Settlement. This Notice is only a summary. You can obtain the full class action notice, which explains the Settlement and your rights under it, by visiting Without admitting liability, Peg Perego agreed: (i send a children s safety vest, valued at $0.00, to every Class Member who does not opt out of the settlement and submits a valid Claim Form, (ii to a permanent injunction; and (iii to pay all costs related to sending notice and of processing and paying the claims under this settlement. Peg Perego also agrees to pay court-approved attorneys fees and expenses (in an amount not to exceed $,000 and a class representative incentive award (in an amount not to exceed $,000. HOW TO MAKE A CLAIM. If you are a Class Member and wish to receive a settlement payment, you must fill out and submit a valid Claim Form. Claim Forms can be obtained or simply filled-out online at the following website: This must be done no later than, 0. FINAL JUDGMENT AND RELEASE OF ALL CLAIMS. If the Court approves the proposed settlement, it will enter a final judgment in the action on the merits as to all Class Members who do not request to be excluded from the Class. All Class Members who submit claims, and all Class Members who do not validly and timely request to be excluded from the proposed Settlement, shall be subject to a binding judgment. Such Class members will be forever barred from bringing their own lawsuits and shall be deemed to have released Peg Perego and its agents from all claims, causes of action or losses of whatever kind or nature that were asserted or could have been asserted in the lawsuit listed in this notice or that arise from that lawsuit. NOTICE OF SETTLEMENT APPROVAL HEARING. The Honorable Cathy Ann Bencivengo, of the U.S. District Court for the Southern District of California, will hold a hearing on, 0 at : am/pm, in Department C of the U.S. District Court, located at West Broadway, San Diego, CA 0, to consider whether to grant final approval to the proposed Settlement and Class Counsel s request for attorneys fees and costs, incentive awards to representative Plaintiff, and certain settlement administration expenses. You have the right to appear at the hearing, although you do not have to. You may comment on, or object to, the terms of the proposed settlement by, 0. The full notice describes how to submit comments or objections. TO EXCLUDE YOURSELF FROM THE SETTLEMENT. If you do not wish to participate in or be bound by the Settlement, you must exclude yourself as described in the full notice, by, 0, or you will be barred from prosecuting any legal action against Peg Perego related to the settled claims. If you exclude yourself, you may NOT file a claim and you will not receive any compensation under the Settlement. To view the full notice or fill out a Claim Form, please visit PLEASE DO NOT CONTACT THE COURT WITH ANY QUESTIONS

84 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit I

85 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of Exhibit I to Settlement Agreement in Hofmann v. Peg Perego et al. Class Action Case No. :-cv-0-cab-jlb, United States District Court VIA U.S. MAIL AND Mr. or Ms. General Counsel Retailer [address] [ address], 0 Re: Hofmann v. Peg Perego et al. Class Action Case United States District Court, Case No. :-cv-0-cab-jlb Notice of Class Action Settlement Dear : Peg Perego U.S.A., Inc., ( Peg Perego has entered into a proposed settlement of a class action lawsuit against it. The lawsuit alleges that Peg Perego violated the law by labeling its children s riding vehicle products with an unqualified "Made in USA" label rather than with a qualified label such as Made in the USA of domestic and global parts. Peg Perego denies these allegations. That being said, Peg Perego and plaintiff (individually and on behalf of the settlement class agreed to settle the matter to avoid the uncertainty inherent in protracted litigation and to avoid the costs of continued litigation. In addition to various forms of notice being provided to class members by the parties directly, Peg Perego also agreed to seek your company s assistance in posting a summary notice of the settlement in the form of the enclosed Short-Form Notice on your company s website or in its stores for the duration of the Claims Period (this period is from to. Peg Perego has not represented or guaranteed that your company will actually post any notice, but we would like you to do so. We are enclosing a copy of the Short-Form Notice with both the paper and copies of this letter. Do not hesitate to contact me directly if you have any questions about the foregoing. Very truly yours, Insert Name General Counsel Peg Perego U.S.A., Inc.

86 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of KEVIN D. RISING (SBN Kevy.Risipg([;Jbtlaw.co"m. DE\ IN Sl 0\fE (SBN... 0 Devin.Stone(c.ftbtlaw.com BARNES & THORNBURG LLP 0 Century Park East, Suite 00 Los Angeles, California 00-0 Telephone: 0--0 Facsimile: I 0-- Attorneys for Defendant PEG PEREGO U.S.A., INC. 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC HOFFMAN, an individual and on behalf of all others similarly situated, V. Plaintiff, Case No.: :-cv-0-cab-jlb CONFIDENTIAL DECLARATION OF DEANNA MOHRE IN SUPPORT OF PRELIMINARY APPROVAL OF SETTLEMENT PEG PEREGO U.S.A., INC, an Indiana corporation; and DOES thru I 00 inclusive, Complaint Filed: August, 0 0 Defendants DECLARATION OF DEANNA MOHRE IN SUPPORT OF PRELIMINARY APPROVAL OF SETTLEMENT

87 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of DECLARATION OF DEANNA MOHRE I, Deanna Mohre, declare:. I am the Director of Finance and Administration for defendant Peg Perego U.S.A., Inc. I have personal knowledge of the matters stated herein. If called and sworn as a witness, I could and would competently testify to the following:. I personaly reviewed the sales information related to the finished goods at issue in this litigation. Specifically the information related to the following models: 0 0. JD LOADER GREEN. JD LOADER W/ TRAILER GREEN. JD FARM TRACTOR WI TRAILER. JD MINI LOADER W/ TRAILER. JOHN DEERE FRONT LOADER. CASE IH TRACTOR & TRAILER. JOHN DEERE MINI POWER LOADER. CASE IH LIL TRACTOR & TRAILER. CHOO CHOO EXPRESS TRAIN O.JOHN DEERE GATOR HPX SE l.polaris TRAIL BOSS.POLARIS TRAIL PRINCESS.JOHN DEERE GATOR HPX.JOHN DEERE GATOR XUV BLACK.JOHN DEERE GATOR XUV DECLARATlON OF DEANNAMOHRE IN SUPPORT OF PRELIMINARY APPROVACT>F SETTLEMENT

88 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of 0 0.POLARIS RZR 00 -VOLT RED.JOHN DEERE GATOR XUV DE.POLARIS RZR 00 PINK -VOLT.POLARIS RZR 00 PINK -VOLT 0.POLARIS RZR 00 CAMO.POLARIS SPORTSMAN 00 TWIN ORANGE.POLARIS RANGER RZR RED.POLARIS RZR SILVER.POLARIS SPORTSMAN 0.POLARIS SPORTSMAN 0 SILVER.JOHN DEERE GROUND FORCE TRACTOR.JOHN DEERE TURF TRACTOR WI TRAILER.POLARIS OUTLAW RED.POLARIS OUTLAW PINK 0.JOHN DEERE FARM POWER.CASE IH MAGNUM TRACTOR AND TRAILER.JD POWER LOADER.CASE IH POWER SCOOP.JOHN DEERE POWER LOADER W/ TRAILER.JD POWER LOADWER W/ TRAILER W/ SOUND.CASE IH MAGNUM TRACTOR & TRAILER PINK ~-- recla-rationof DEANNA MOHRE IN SUPPORT OF~PRELIMINAR'rAPPROVALOF SETTLEMENT

89 Case :-cv-0-cab-jlb Document - Filed 0/0/ Page of.john DEERE GROUND LOADER TRACTOR.JOHN DEERE STAKE SIDE TRAILER. Peg Perego sold approximately units of Class Products nationwide during the Class Period ending in. The average wholesale price of each product was approximately.. As part of the settlement with Plaintiff, Peg Perego is providing Class Members (those who complete and return a claim form with a free Peg Perego safety vest (the "Vest". The Vest is a high visibility yellow garment with two reflective 0 bands. The Peg Perego brand logo is printed on the vest. The Vest is x. inches. It is designed for kids to in age. Each Vest is one-size-fits-all. The vest will look similar to the following: 0. The Vest is similar to a version that John Deere sells on its website at: _/products _id/?oscsid==snljdbl --DECl,ARATION OF DEAJ\rJ'rA~MOHRE IN SUPPORT OF PRELIMINARY APPROVAL OF SETTLEMENT