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`EXHIBIT A
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`
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`Case 2:12-md-02311-SFC-RSW ECF No. 2233-1, PageID.40140 Filed 09/19/22 Page 2 of 5
`
`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
`__________________________________________________________________
`
`
`
`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
`
`IN RE : STARTERS
`IN RE : AUTOMOTIVE LAMPS
`IN RE : SWITCHES
`
`IN RE : IGNITION COILS
`IN RE : MOTOR GENERATOR
`IN RE : STEERING ANGLE SENSORS
`IN RE : HID BALLASTS
`IN RE : INVERTERS
`
`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
`IN RE : VALVE TIMING CONTROL DEVICES
`
`
`
` 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
`
` 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
`
` CASE NO. 2:13-CV-02503
`
`
`
`Case 2:12-md-02311-SFC-RSW ECF No. 2233-1, PageID.40141 Filed 09/19/22 Page 3 of 5
`
` CASE NO. 2:13-CV-02603
` CASE NO. 2:13-CV-02703
` CASE NO. 2:13-CV-02803
` CASE NO. 2:14-CV-02903
`
`IN RE : ELECTRONIC THROTTLE BODIES
`IN RE : AIR CONDITIONING SYSTEM
`
`IN RE : WINDSHIELD WASHER
`
`IN RE : AUTOMOTIVE CONSTANT
`VELOCITY JOINT BOOT PRODUCTS
` CASE NO. 2:15-CV-03003
`IN RE : SPARK PLUGS
` CASE NO. 2:15-CV-03203
`IN RE : AUTOMOTIVE HOSES
` CASE NO. 2:15-CV-03303
`IN RE : SHOCK ABSORBERS
` CASE NO. 2:16-CV-03403
`IN RE : BODY SEALING PRODUCTS
` CASE NO. 2:16-CV-03503
`IN RE : INTERIOR TRIM PRODUCTS
` CASE NO. 2:16-CV-03603
`IN RE : BRAKE HOSES
`CASE NO. 2:16-CV-03703
`-
`IN RE : EXHAUST SYSTEMS
` CASE NO. 2:16-CV-03803
`
`IN RE : CERAMIC SUBSTRATES
` CASE NO. 2:16-CV-03903
`IN RE : POWER WINDOW SWITCHES
` CASE NO. 2:16-CV-04003
`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
`__________________________________________________________________
`THIS DOCUMENT RELATES TO:
`End-Payor Actions
`__________________________________________________________________
`
`
`
`DECLARATION OF EMMA K. BURTON IN SUPPORT OF
`ENTERPRISE FLEET MANAGEMENT, INC’S REPLY TO END-PAYOR
`PLAINTIFFS’ OPPOSITION TO
`SUR-REPLY MEMORANDUM AND REQUEST FOR SPECIAL MASTER
`
`I, Emma K. Burton, declare as follows.
`
`1.
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`I am a partner at the law firm of Crowell & Moring LLP (“Crowell”) and
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`represent Enterprise Fleet Management, Inc. (“EFM”) in its claim to the End Payor
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`settlements in the class action litigation known as In re: Automotive Parts Antitrust
`
`Litigation, MDL No. 2311 (E.D. Mich.) (“Auto Parts Matter”). Through my
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` 1
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`
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`Case 2:12-md-02311-SFC-RSW ECF No. 2233-1, PageID.40142 Filed 09/19/22 Page 4 of 5
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`representation of EFM, I have personal knowledge of information relating to the
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`company’s claim in this matter. All of the statements in this declaration are based
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`upon that information and, if called as a witness, I could and would testify
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`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 Sur-Reply Memorandum and Request for Special Master,
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`ECF No. 2232.
`
`3.
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`End-Payor Plaintiffs (“EPPs”) incorrectly assert that counsel for EFM
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`“filed duplicate claims on behalf of EFM’s customers based on more than 500,000 of
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`the very same vehicles.” ECF No. 2232, PageID.40131.
`
`4.
`
`Crowell has claims on file on behalf of EFM customer lessees for exactly
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`3,964 of the same vehicles as claimed by EFM.
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`5.
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`On October 12, 2021, EFM proposed to EPPs to forego any recovery
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`for vehicles for which a valid, competing claim was timely filed by a qualifying lessee
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`to the same vehicle. I reiterated this proposal to EPPs on a phone call with Mr.
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`Langham on September 16, 2022.
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`6.
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`Under EFM’s proposal there would be no duplicate recovery based on
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`the same vehicle to multiple claimants.
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` 2
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`
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`Case 2:12-md-02311-SFC-RSW ECF No. 2233-1, PageID.40143 Filed 09/19/22 Page 5 of 5
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 19th day of September, 2022, in Washington, D.C.
`
`By: /s/ Emma K. Burton
`
`Emma K. Burton
`Crowell & Moring LLP
`
` 3
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