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`EXHIBIT B
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`Case 2:12-md-02311-SFC-RSW ECF No. 2192-5, PageID.39777 Filed 03/17/22 Page 2 of 4
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`UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF MICHIGAN
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`SOUTHERN DIVISION
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`_____________________________________________________________________________
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`IN RE: AUTOMOTIVE PARTS ANTITRUST
`LITIGATION
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`No. 12-md-02311
`Hon. Sean F. Cox
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`______________________________________________________________________________
`IN RE : HEATER CONTROL PANELS
`Case No. 2:12-cv-00403
`IN RE : OCCUPANT SAFETY SYSTEMS
`Case No. 2:12-cv-00603
`IN RE : SWITCHES
`Case No. 2:13-cv-01303
`IN RE : IGNITION COILS
`Case No. 2:13-cv-01403
`IN RE : STEERING ANGLE SENSORS
`Case No. 2:13-cv-01603
`IN RE : ELECTRIC POWERED STEERING ASSEMBLIES
`Case No. 2:13-cv-01903
`IN RE : FUEL INJECTION SYSTEMS
`Case No. 2:13-cv-02203
`IN RE : VALVE TIMING CONTROL DEVICES
`Case No. 2:13-cv-02503
`IN RE : AIR CONDITIONING SYSTEMS
`Case No. 2:13-cv-02703
`IN RE : AUTOMOTIVE CONSTANT VELOCITY
`Case No. 2:14-cv-02903
` JOINT BOOT PRODUCTS
`IN RE : AUTOMOTIVE HOSES
`IN RE : SHOCK ABSORBERS
`IN RE : BODY SEALING PRODUCTS
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`Case No. 2:15-cv-03203
`Case No. 2:15-cv-03303
`Case No. 2:16-cv-03403
` 2:16-cv-10456
`Case No. 2:16-cv-03503
`Case No. 2:16-cv-03603
`Case No. 2:16-cv-03703
`Case No. 2:16-cv-03803
` 2:16-cv-11804
`Case No. 2:16-cv-03903
`Case No. 2:16-cv-04003
` 2:16-cv-12949
`Case No. 2:16-cv-04303
` 2:17-cv-11637
`______________________________________________________________________________
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`IN RE : INTERIOR TRIM PRODUCTS
`IN RE : AUTOMOTIVE BRAKE HOSES
`IN RE : EXHAUST SYSTEMS
`IN RE : CERAMIC SUBSTRATES
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`IN RE : POWER WINDOW SWITCHES
`IN RE : AUTOMOTIVE STEEL TUBES
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`IN RE : SIDE-DOOR LATCHES
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`THIS DOCUMENT RELATES TO:
`End-Payor Actions
`______________________________________________________________________________
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`DECLARATION OF RYAN C. KOENIG IN SUPPORT OF MOTION TO
`ENFORCE END PAYOR SETTLEMENTS AND STRIKE CONTRADICTORY AND
`IMPROPER STIPULATION
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`DocuSign Envelope ID: CE2AABBA-79E3-4F9E-BAC0-12701300F40F
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`
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`Case 2:12-md-02311-SFC-RSW ECF No. 2192-5, PageID.39778 Filed 03/17/22 Page 3 of 4
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`I, Ryan C. Koenig, declare as follows.
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`1.
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`I, Ryan C. Koenig, am employed as National Service Department Vendor
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`Operations Manager at Enterprise Fleet Management, Inc. (“EFM”). In that role, I am fully
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`familiar with the claim filed on EFM’s behalf in the class action litigation known as In re:
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`Automotive Parts Antitrust Litigation, MDL No. 2311 (E.D. Mich.) (“Auto Parts Matter”) by
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`EFM’s authorized representative Crowell & Moring LLP. Unless otherwise indicated, I have
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`personal knowledge of the matters stated in this declaration and, if called as a witness, could and
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`would competently testify thereto.
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`2.
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`I make this declaration in support of EFM’s Motion to Enforce End Payor
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`Settlements and Strike Contradictory and Improper Stipulation that was reached with Class
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`Action Capital, Inc. (“CAC”) and certain other fleet management companies (“FMCs”).
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`3.
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`EFM is an FMC and filed its initial claim in this matter on November 12, 2019.
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`The claim was supplemented on March 16, 2020, to include additional vehicles that had become
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`eligible under subsequent settlements.
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`4.
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`EFM’s claimed vehicles were purchased new, not for resale, through dealerships
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`in the United States.
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`5.
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`The vast majority of EFM’s lease agreements are open-ended Terminal Rental
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`Adjustment Clause (“TRAC”) leases. A true and correct copy of EFM’s standard lease
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`agreement is attached here at Exhibit 1.
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`6.
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`EFM’s standard lease includes terms consistent with EFM’s ownership of its
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`vehicles and its customers’ rights to possession and use only:
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` “Lessor is the sole legal owner of each Vehicle.” Ex. 1, ¶ 1.
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`-2-
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`DocuSign Envelope ID: CE2AABBA-79E3-4F9E-BAC0-12701300F40F
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`
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`Case 2:12-md-02311-SFC-RSW ECF No. 2192-5, PageID.39779 Filed 03/17/22 Page 4 of 4
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` “This Agreement is a lease only and Lessee will have no right, title or interest in or
`to the Vehicles except for the use of the Vehicles as described in this Agreement.”
`Ex. 1, ¶ 1.
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` “This Agreement shall be treated as a true lease for federal and applicable state
`income tax purposes with Lessor having all benefits of ownership of the Vehicles.”
`Ex. 1, ¶ 1.
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` “Each Vehicle will be titled and licensed in the name designated by Lessor.” Ex. 1,
`¶ 6.
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`7.
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`EFM held title to each of its claimed vehicles for the entirety of its period of
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`ownership, including during any lease of those vehicles to EFM customers.
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` I
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` certify under penalty of perjury that the foregoing is true and correct.
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`Executed this 16th day of March, 2022, in Missouri.
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`GDocuSigned by:
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`~DJA, buu1
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`25202FBDA628455
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`By:
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`Ryan C. Koenig
`National Service Department Vendor
`Operations Manager
`Enterprise Fleet Management, Inc.
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`-3-
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`DocuSign Envelope ID: CE2AABBA-79E3-4F9E-BAC0-12701300F40F
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`
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