Case 2:12-md-02311-SFC-RSW ECF No. 2207-2, PageID.40003 Filed 05/09/22 Page 1 of 5
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`EXHIBIT A
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`EXHIBIT A
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`Case 2:12-md-02311-SFC-RSW ECF No. 2207-2, PageID.40004 Filed 05/09/22 Page 2 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`__________________________________________________________________
`IN RE: AUTOMOTIVE PARTS
`No. 12-md-02311
`ANTITRUST LITIGATION
`
`Hon. Sean F. Cox
`__________________________________________________________________
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`
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`IN RE : WIRE HARNESS
`IN RE : INSTRUMENT PANEL CLUSTERS
`IN RE : FUEL SENDERS
`IN RE : HEATER CONTROL PANELS
`IN RE : BEARINGS
`IN RE : OCCUPANT SAFETY SYSTEMS
`IN RE : ALTERNATORS
`IN RE : ANTI-VIBRATIONAL RUBBER PARTS
`IN RE : WINDSHIELD WIPERS
`IN RE : RADIATORS
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`IN RE : STARTERS
`IN RE : AUTOMOTIVE LAMPS
`IN RE : SWITCHES
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`IN RE : IGNITION COILS
`IN RE : MOTOR GENERATOR
`IN RE : STEERING ANGLE SENSORS
`IN RE : HID BALLASTS
`IN RE : INVERTERS
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`IN RE : ELECTRONIC POWERED
`STEERING ASSEMBLIES
`IN RE : AIR FLOW METERS
`IN RE : FAN MOTORS
`IN RE : FUEL INJECTION SYSTEMS
`IN RE : POWER WINDOW MOTORS
`IN RE : AUTOMATIC TRANSMISSION
`FLUID WARMERS
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` CASE NO. 2:12-CV-00103
` CASE NO. 2:12-CV-00203
` CASE NO. 2:12-CV-00303
` CASE NO. 2:12-CV-00403
` CASE NO. 2:12-CV-00503
` CASE NO. 2:12-CV-00603
` CASE NO. 2:13-CV-00703
` CASE NO. 2:13-CV-00803
` CASE NO. 2:13-CV-00903
` CASE NO. 2:13-CV-01003
` CASE NO. 2:13-CV-01103
` CASE NO. 2:13-CV-01203
` CASE NO. 2:13-CV-01303
` CASE NO. 2:13-CV-01403
` CASE NO. 2:13-CV-01503
` CASE NO. 2:13-CV-01603
` CASE NO. 2:13-CV-01703
` CASE NO. 2:13-CV-01803
` CASE NO. 2:13-CV-01903
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` CASE NO. 2:13-CV-02003
` CASE NO. 2:13-CV-02103
` CASE NO. 2:13-CV-02203
` CASE NO. 2:13-CV-02303
` CASE NO. 2:13-CV-02403
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`Case 2:12-md-02311-SFC-RSW ECF No. 2207-2, PageID.40005 Filed 05/09/22 Page 3 of 5
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`IN RE : VALVE TIMING CONTROL DEVICES CASE NO. 2:13-CV-02503
`IN RE : ELECTRONIC THROTTLE BODIES
` CASE NO. 2:13-CV-02603
`IN RE : AIR CONDITIONING SYSTEM
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` CASE NO. 2:13-CV-02703
`IN RE : WINDSHIELD WASHER
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` CASE NO. 2:13-CV-02803
`IN RE : AUTOMOTIVE CONSTANT
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` CASE NO. 2:14-CV-02903
`VELOCITY JOINT BOOT PRODUCTS
` CASE NO. 2:15-CV-03003
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`IN RE : SPARK PLUGS
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` CASE NO. 2:15-CV-03203
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`IN RE : AUTOMOTIVE HOSES
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` CASE NO. 2:15-CV-03303
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`IN RE : SHOCK ABSORBERS
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` CASE NO. 2:16-CV-03403
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`IN RE : BODY SEALING PRODUCTS
` CASE NO. 2:16-CV-03503
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`IN RE : INTERIOR TRIM PRODUCTS
` CASE NO. 2:16-CV-03603
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`IN RE : BRAKE HOSES
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` CASE NO. 2:16-CV-03703
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`IN RE : EXHAUST SYSTEMS
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` CASE NO. 2:16-CV-03803
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`IN RE : CERAMIC SUBSTRATES
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` CASE NO. 2:16-CV-03903
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`IN RE : POWER WINDOW SWITCHES
` CASE NO. 2:16-CV-04003
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`IN RE : AUTOMOTIVE STEEL TUBE
` CASE NO. 2:16-CV-04103
`IN RE : ACCESS MECHANISMS ACTIONS
` CASE NO. 2:17-CV-04303
`IN RE : DOOR LATCHES
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`__________________________________________________________________
`THIS DOCUMENT RELATES TO:
`End-Payor Actions
`__________________________________________________________________
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`DECLARATION OF EMMA K. BURTON IN SUPPORT OF ENTERPRISE
`FLEET MANAGEMENT, INC’S REPLY MEMORANDUM IN SUPPORT
`OF MOTION TO ENFORCE END-PAYOR SETTLEMENTS AND
`STRIKE CONTRADICTORY AND IMPROPER STIPULATION
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`I, Emma K. Burton, declare as follows.
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`1.
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`I am a partner at the law firm of Crowell & Moring LLP and represent
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`Enterprise Fleet Management, Inc. (“EFM”) in its claim to the End Payor settlements
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`in the class action litigation known as In re: Automotive Parts Antitrust Litigation, MDL
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`No. 2311 (E.D. Mich.) (“Auto Parts Matter”). Through my representation of EFM, I
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`Case 2:12-md-02311-SFC-RSW ECF No. 2207-2, PageID.40006 Filed 05/09/22 Page 4 of 5
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`have personal knowledge of information relating to the company’s claim in this
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`matter. All of the statements in this declaration are based upon that information and,
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`if called as a witness, I could and would testify competently thereto.
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`2.
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`I submit this declaration in support of EFM’s Reply to End-Payor
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`Plaintiffs’ Opposition to Enterprise Fleet Management, Inc.’s Motion to Enforce the
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`End-Payor Settlements and Strike Stipulation reached with Class Action Capital, Inc.
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`(“CAC”) and certain other fleet management companies (“FMCs”).
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`3.
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`End-Payor Plaintiffs (“EPPs”) incorrectly maintain that FMCs like EFM
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`“could recover for claims in the Auto Dealer cases,” referring to the Automobile
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`Dealership settlements. PageID.39880.
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`4.
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`The Automobile Dealer settlements define Dealer class members as “a
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`franchised entity or person authorized to engage in the business of selling and/or
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`leasing Vehicles at retail in the United States.” See, e.g., Panasonic Corporation
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`Settlement Agreement, 13-cv-02702 PageID.4494. “Authorization” in this context is
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`by an automobile manufacturer, or OEM. Valid claimants to the Dealer settlements
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`must show both a Dealership State License/Registration Number, as well as a Dealer
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`ID Number issued by an OEM. See Auto Dealer Settlement Proof of Claim form
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`attached hereto as Exhibit 1.
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`5.
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`Attached hereto as Exhibit 2 is correspondence to my Crowell & Moring
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`colleague Deborah Arbabi dated March 28, 2017, from the Auto Dealer Settlement
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`Claim Administrator providing that “In order to be eligible to participate in the
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`Case 2:12-md-02311-SFC-RSW ECF No. 2207-2, PageID.40007 Filed 05/09/22 Page 5 of 5
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`Settlements that are the subject of this administration, a Claimant must, among other
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`things, be an Automobile Dealership which purchases New Vehicles and/or Parts for
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`resale.” (emphasis added). This correspondence further provides:
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`Our research indicates that Enterprise Holdings, Inc. offers a portfolio of
`services, including car rental, car sharing vanpooling, used car sales, truck
`rental, online ride matching, and affiliated fleet management. As such,
`Enterprise Holdings, Inc. does not meet the definition of an Automobile
`Dealership and is, therefore, not included in the Class. (emphasis added).
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`6.
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`Accordingly, neither Enterprise Holdings, Inc., nor EFM, have claims
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`pending to the Auto Dealer settlements, nor has either entity recovered any funds
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`from the Auto Dealer settlements.
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`7.
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`The average duration of EFM’s standard TRAC lease is at least thirty-six
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`(36) months.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 9th day of May, 2022, in Washington, D.C.
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`By: /s/ Emma K. Burton
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`Emma K. Burton
`Crowell & Moring LLP
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