Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18569 Filed 01/19/16 Page 1 of 234
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`12-md-02311
`Honorable Marianne O. Battani
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`2:12-MD-02311-MOB-MKM
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`Oral Argument Requested
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`In Re: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`In Re: All Auto Parts Cases
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`THIS DOCUMENT RELATES TO:
`ALL AUTO PARTS CASES
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`DECLARATION OF STEVEN N. WILLIAMS IN SUPPORT OF THE PARTIES’ JOINT
`MOTION TO COMPEL DISCOVERY FROM NON-PARTY ORIGINAL EQUIPMENT
`MANUFACTURERS
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`Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18570 Filed 01/19/16 Page 2 of 234
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`I, STEVEN N. WILLIAMS, declare as follows:
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`1. I am an attorney duly licensed to practice in the State of California and I am admitted to
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`this Court. I am a Partner with the law firm of Cotchett, Pitre & McCarthy, LLP and am interim
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`co-lead counsel of record for the End Payor Plaintiffs (“EPPs”) in the above-entitled action. I
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`make this Declaration pursuant to 28 U.S.C. § 1746. I submit this Declaration in Support of
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`Serving Parties’ Motion
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`to Compel Discovery from Non-Party Original Equipment
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`Manufacturers. I have personal knowledge of the facts set forth in this Declaration, and, if called
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`upon, I could and would competently testify thereto.
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`2. Per Local Rule 7.1(a)(1), this Motion is made following a telephone conference and the
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`exchange of multiple meet and confer letters between the Serving Parties and the Specified
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`Subpoenaed Entities (“SSEs”), including a letter setting forth the Serving Parties’ final effort at
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`compromise, dated January 13, 2016.
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`3. Beginning prior to the January 28, 2015 Status Conference and continuing until the April
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`14, 2015 deadline set by Special Master Esshaki, the Serving Parties met and conferred multiple
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`times regarding the content for the uniform subpoena and exchanged numerous drafts and
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`comments on drafts. The final coordinated subpoena (“Subpoena”) represents meaningful
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`negotiations by counsel for all Plaintiff groups and all Defendants in each of the thirty two
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`coordinated auto parts actions currently pending in the Eastern District of Michigan, Case No.
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`12-md-02311 (“Parties”).
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`4. Attached hereto as Exhibit A is a true and correct copy of the Subpoena served on the
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`original equipment manufacturers and their affiliated entities (collectively, “OEMs”) between
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`late July and mid-August, 2015. The attached subpoena was served on Nissan North America,
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`Inc. on August 17, 2015, but all subpoenas served on the SSEs mirror the requests therein, aside
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`from Request 37 (on which the Parties do not move), which was only made to a few specific
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`entities.
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`5. Attached hereto as Exhibit B is a list of subpoenaed entities that coordinated to form the
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`Specified Subpoenaed Entities (“SSE”) group, broken down by each category referenced in the
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`Motion and the Parties’ prior letters.
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`6. Attached hereto as Exhibit C is a true and correct copy of the relevant pages of the
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`transcript of the January 28, 2015 Status Conference and Motion Hearing, before Judge Battani
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`in In re Automotive Parts Antitrust Litig. 12-md-2311 (E.D. Mich.), where coordination among
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`the Parties was discussed and ordered.
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`7. Attached hereto as Exhibit D is a true and correct copy of a letter sent by Direct
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`Purchaser Plaintiffs to Special Master Esshaki, dated April 28, 2015.
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`8. Attached hereto as Exhibit E is a true and correct copy of the relevant pages of the
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`transcript of the May 6, 2015 Status Conference and Motion Hearings, before Special Master
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`Esshaki in In re Automotive Parts Antitrust Litig. 12-md-2311 (E.D. Mich.), where the Special
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`Master ruled that discovery could proceed.
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`9. Between mid-July and mid-August 2015, the Parties served the Subpoena on the OEMs,
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`including all of the SSEs. Thereafter, in order to provide a simple, clear and expeditious process
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`for the OEMs, the Parties coordinated to assign to each OEM specific attorneys (one defense
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`attorney and one plaintiff attorney) to act as the principal points of contact for communications
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`regarding the Subpoena. These designated attorneys then sought to contact the various
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`subpoenaed entities to both offer a brief extension for responses to the Subpoena and to set up
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`meet and confers with each subpoenaed entity to discuss particularized OEM concerns and
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`timelines for responses and production.
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`10. After service of the Subpoena, the Parties received responses and objections from various
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`entities, including Subaru of Indiana Automotive, Inc., on Aug 20, 2015. A true and correct copy
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`of these responses and objections is attached hereto as Exhibit F.
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`11. As of the end of August, 2015, the designated attorneys for the Parties had conducted
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`introductory calls with most OEMs to generally discuss the Subpoena, and had scheduled
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`numerous meet and confer calls with subpoenaed entities, which took place over the next few
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`weeks. For example, the Parties had calls with: Isuzu Finance on September 1, 2015; Subaru
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`R&D on September 1, 2015; Subaru/Fuji Heavy Entities on Sept. 4, 2015; Volkswagen entities
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`on September 8, 2015; Lotus on Sept. 17, 2015; Suzuki Manufacturing of America on September
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`10, 2015; Subaru of Indiana Automotive on September 14, 2015; Daimler Entities on September
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`15, 2015; Mazda Entities on September 17, 2015; Suzuki Motor of America on September 16,
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`2015; Aston Martin on September 18, 2015; Ford Motor Co. and Ford Motor Credit on
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`September 22, 2015; and Isuzu Entities on September 23, 2015. However, despite best efforts by
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`the Parties to engage the OEMs and to meaningfully meet and confer, there has been extended
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`delay and, for a majority of the OEMs, a complete refusal to engage or negotiate with the Parties
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`individually.
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`12. Despite the Parties’ best efforts to engage with the OEMs, on September 1, 2015, Colin
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`Kass, counsel for the Chrysler/Fiat entities, informed the Parties that he was speaking on behalf
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`of “most” (but not all) of the subpoenaed entities, that they were joining together to negotiate as
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`a group, and that the group he represented wanted to hold a “summit” with the Parties to address
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`then-unspecified “global issues.” Shortly thereafter, the Parties began receiving notices of
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`cancellation of scheduled meet and confers from various OEMs, who stated that they would join
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`in the group negotiations led by Mr. Kass.
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`13. On the October 2, 2015 summit call between the Parties and SSEs, the SSEs articulated
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`several high-level concerns regarding the Subpoena, focusing primarily on scope. The SSEs also
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`requested the Parties withdraw the Subpoena for multiple entities and stated they would not
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`proceed with searching for or producing documents until they had an agreement by the Parties to
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`cover or share costs or a court order that ordered reimbursement.
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`14. Substantial progress has been made for many of the OEMs that chose to negotiate
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`individually with the Parties, rather than joining the SSE group, such as: the Parties narrowing
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`requests, the Parties agreeing to hold in abeyance subpoenas for especially small entities, and
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`some OEMs beginning production of documents. For example, Isuzu has agreed to produce
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`documents and data responsive to eight of the Parties’ fourteen Narrowed Requests, and has
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`already produced over 6,000 pages of documents to date, the first of what it informs will be
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`many productions, and which includes its previously-made production to the DOJ by certain
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`Isuzu entities. In addition, Isuzu’s finance entity has produced data, and Isuzu has agreed to
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`discuss how its transactional data are stored and organized so that Isuzu and the Parties can reach
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`an agreement on additional data productions in the near future.
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`15. Following
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`the “summit’ call,
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`the SSEs and
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`the Parties exchanged extensive
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`correspondence, identified below, concerning the Subpoena.
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`16. Attached hereto as Exhibit G is a true and correct copy of a letter from Sheldon H. Klein,
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`acting on behalf of the Parties, to Colin Kass, representing the SSEs, dated September 10, 2015.
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`17. Attached hereto as Exhibit H is a true and correct copy of a letter from Colin Kass,
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`representing the SSEs, to Sheldon H. Klein, representing the Parties, dated September 17, 2015.
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`18. Attached hereto as Exhibit I is a true and correct copy of a letter from Colin Kass,
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`representing the SSEs, to Ronnie S. Spiegel, representing the Parties, dated September 30, 2015.
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`19. Attached hereto as Exhibit J is a true and correct copy of a letter from Sheldon H. Klein,
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`acting on behalf of the Parties, to Colin Kass, representing the SSEs, dated October 14, 2015.
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`20. Attached hereto as Exhibit K is a true and correct copy of a letter from Colin Kass,
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`representing the SSEs, to Ronnie S. Spiegel, representing the Parties, dated October 29, 2015.
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`21. Attached hereto as Exhibit L is a true and correct copy of a letter from Sheldon H. Klein,
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`acting on behalf of the Parties, to Colin Kass, representing the SSEs, dated November 24, 2015.
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`22. Attached hereto as Exhibit M is a true and correct copy of a letter from Colin Kass,
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`representing the SSEs, to Sheldon H. Klein, representing the Parties, dated December 18, 2015.
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`23. Attached hereto as Exhibit N is a true and correct copy of an email from Heather
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`Novison, on behalf of the Parties, to Colin Kass, representing the SSEs, dated December 24,
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`2015.
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`24. Attached hereto as Exhibit O is a true and correct copy of a letter from Colin Kass,
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`representing the SSEs, to Sheldon H. Klein, representing the Parties, dated December 30, 2015.
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`25. Attached hereto as Exhibit P is a true and correct copy of a letter from Sheldon H. Klein,
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`acting on behalf of the Parties, to Colin Kass, representing the SSEs, dated January 13, 2016.
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`26. Attached hereto as Exhibit Q is a true and correct copy of an email from David A.
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`Munkittrick, on behalf of the SSEs, to Sheldon H. Klein, representing the Parties, dated January
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`13, 2016.
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`27. Attached hereto as Exhibit R is a true and correct copy of an email from Sheldon H.
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`Klein, on behalf of the Parties, to David A. Munkittrick, representing the SSEs, dated January
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`14, 2016.
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`EXHIBIT A
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`Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18577 Filed 01/19/16 Page 9 of 234
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`In Re: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`In Re: All Cases
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`THIS DOCUMENT RELATES TO:
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`All Actions
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`Master File No. 12-md-02311
`Honorable Marianne O. Battani
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`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
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`TO: Nissan North America, Inc.
`c/o LexisNexis Document Solutions, Inc.
`2908 Poston Ave
`Nashville, TN 37203-1312
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` Production: YOU ARE COMMANDED to produce at the time, date, and place set
`forth below the following documents, electronically stored information, or objects, and to permit
`inspection, copying, testing, or sampling of the material:
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`See Attachments A and B
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`Place:
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`Cotchett Pitre & McCarthy, LLP
`840 Malcolm Road
`Burlingame, CA 94010
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`Date and Time:
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`August 17, 2015, 9:00 a.m.
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` Inspection of Premises: YOU ARE COMMANDED to permit entry onto the
`designated premises, land, or other property possessed or controlled by you at the time, date, and
`location set forth below, so that the requesting party may inspect, measure, survey, photograph,
`test, or sample the property or any designated object or operation on it.
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`-1-
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`PROOF OF SERVICE
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`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
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`I received this subpoena for (name of individual and title, if any) ________________________
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`on (date) __________________________.
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` I served the subpoena by delivering a copy to the named person as follows: _______
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`____________________________________________________________________________
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`__________________________________ on (date) ____________________________; or
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` I returned the subpoena unexecuted because: _______________________________
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`____________________________________________________________________________
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`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I
`have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by
`law, in the amount of $_______________________.
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`My fees are $______
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`for travel and $______
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`for services for a total of
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`$________
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` declare under penalty of perjury that this information is true.
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`Date:
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`Server’s signature
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`Printed name and title
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`Server’s address
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`Additional information regarding attempted service, etc.:
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`(c) Place of Compliance.
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`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or
`regularly transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
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`(2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person
`resides, is employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
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`(d) Protecting a Person Subject to a Subpoena; Enforcement.
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`(1) Avoiding Undue Burden or Expense; Sanctions. A party or
`attorney responsible for issuing and serving a subpoena must take
`reasonable steps to avoid imposing undue burden or expense on a
`person subject to the subpoena. The court for the district where
`compliance is required must enforce this duty and impose an
`appropriate sanction—which may include lost earnings and reasonable
`attorney’s fees—on a party or attorney who fails to comply.
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`(2) Command to Produce Materials or Permit Inspection.
` (A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the
`place of production or inspection unless also commanded to appear
`for a deposition, hearing, or trial.
` (B) Objections. A person commanded to produce documents or
`tangible things or to permit inspection may serve on the party or
`attorney designated in the subpoena a written objection to inspecting,
`copying, testing, or sampling any or all of the materials or to
`inspecting
`the premises—or
`to producing electronically stored
`information in the form or forms requested. The objection must be
`served before the earlier of the time specified for compliance or 14
`days after the subpoena is served. If an objection is made, the
`following rules apply:
` (i) At any time, on notice to the commanded person, the serving
`party may move the court for the district where compliance is required
`for an order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and
`the order must protect a person who is neither a party nor a party’s
`officer from significant expense resulting from compliance.
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`(3) Quashing or Modifying a Subpoena.
` (A) When Required. On timely motion, the court for the district
`where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
` (ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
` (iii) requires disclosure of privileged or other protected matter, if
`no exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may,
`on motion, quash or modify the subpoena if it requires:
` (i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
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` (ii) disclosing an unretained expert’s opinion or information that
`does not describe specific occurrences in dispute and results from the
`expert’s study that was not requested by a party.
` (C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
` (i) shows a substantial need for the testimony or material that
`cannot be otherwise met without undue hardship; and
` (ii) ensures that the subpoenaed person will be reasonably
`compensated.
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`(e) Duties in Responding to a Subpoena.
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`(1) Producing Documents or Electronically Stored Information.
`These procedures apply to producing documents or electronically
`stored information:
` (A) Documents. A person responding to a subpoena to produce
`documents must produce them as they are kept in the ordinary course
`of business or must organize and label them to correspond to the
`categories in the demand.
` (B) Form for Producing Electronically Stored Information Not
`Specified. If a subpoena does not specify a form for producing
`electronically stored information, the person responding must produce
`it in a form or forms in which it is ordinarily maintained or in a
`reasonably usable form or forms.
` (C) Electronically Stored Information Produced in Only One Form.
`The person responding need not produce the same electronically
`stored information in more than one form.
` (D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored
`information from sources that the person identifies as not reasonably
`accessible because of undue burden or cost. On motion to compel
`discovery or for a protective order, the person responding must show
`that the information is not reasonably accessible because of undue
`burden or cost. If that showing is made, the court may nonetheless
`order discovery from such sources if the requesting party shows good
`cause, considering the limitations of Rule 26(b)(2)(C). The court may
`specify conditions for the discovery.
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`(2) Claiming Privilege or Protection.
` (A) Information Withheld. A person withholding subpoenaed
`information under a claim that it is privileged or subject to protection
`as trial-preparation material must:
` (i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications,
`or tangible things in a manner that, without revealing information
`itself privileged or protected, will enable the parties to assess the
`claim.
` (B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as trial
`preparation material, the person making the claim may notify any
`party that received the information of the claim and the basis for it.
`After being notified, a party must promptly return, sequester, or
`destroy the specified information and any copies it has; must not use
`or disclose the information until the claim is resolved; must take
`reasonable steps to retrieve the information if the party disclosed it
`before being notified; and may promptly present the information
`under seal to the court for the district where compliance is required for
`a determination of the claim. The person who produced the
`information must preserve the information until the claim is resolved.
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`(g) Contempt.
`The court for the district where compliance is required—and also,
`after a motion is transferred, the issuing court—may hold in contempt
`a person who, having been served, fails without adequate excuse to
`obey the subpoena or an order related to it.
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`ATTACHMENT A
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`DEFINITIONS
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`1.
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`“All” also includes “each” and “any,” and vice versa.
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`2.
`“And” and “or” are to be considered both conjunctively and disjunctively, and “or”
`is understood to include and encompass “and,” and vice versa.
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`3.
`“Annual Price Reduction” or “APR” means annual or semi-annual price reductions
`or routine cost-downs applied to Components, including any long-term cost reduction initiatives.
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`4.
`“Assembly” means a Vehicle part, module, or assembly in which a Component (as
`defined below) is a component, installed, or incorporated.
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`5.
`“Component” means (as defined in Plaintiffs’ various complaints) any of the
`following Vehicle parts (in bold):
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`i.
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`Wire Harness Systems: Wire Harness Systems comprise the “central
`nervous system” of a Vehicle and consist of the wires or cables and data
`circuits that run throughout the Vehicle. To ensure safety and basic
`functions (e.g., going, turning, and stopping), as well as to provide
`comfort and convenience, Vehicles are equipped with various electronics
`that operate using control signals running on electrical power supplied
`from the battery. The Wire Harness System is the conduit for the
`transmission of these signals and electrical power.
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`a. Wire Harness Products
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`Electrical wiring: Electrical wiring is the wiring that runs
`throughout the Vehicle.
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`High voltage wiring: High voltage wiring is integral to
`Vehicles equipped with hybrid, fuel-cell or electric-
`powered powertrains.
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`Lead wire assemblies: Lead wire assemblies connect a
`wire carrying electrical current from the power source to an
`electrode holder or a group clamp.
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`Cable bonds: Cable bonds are the electrical connection
`between the armor or sheath of one cable and that of an
`adjacent cable or across a wire in the armor.
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`Wiring connectors: Wiring connectors connect various
`types of wires in a Vehicle.
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`Wiring terminals: Wiring terminals are the ends of a wire
`that provide a point of connection to external circuits.
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`Electrical control units: Electrical control units are
`embedded modules or systems that control one or more of
`the electrical systems or subsystems in a Vehicle. Vehicles
`are equipped with a large number of electronic control units
`which operate various functions and exchange large
`volumes of data with one another.
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`Relay boxes: Relay boxes are modules that hold the
`electrical switches that transit impulses from one
`component to another, and can be used to connect or break
`the flow of the current in a circuit. Once a relay is activated
`it connects an electrical or other data supply to a particular
`component or accessory.
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`Junction blocks: Junction blocks are used as electrical
`connection points for the distribution power or distribution
`of a ground.
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`Power distributors: Power distributors serve to distribute
`power at varying levels to various electrical components.
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`Speed sensor wire assemblies: Speed sensor wire
`assemblies are installed on Vehicles with Antilock Brake
`Systems (“ABS”). The speed sensor wire assemblies
`connect a sensor on each tire to the ABS and carry
`electrical signals from the sensors to the ABS to instruct it
`when to engage.
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`Semiconductor devices: Semiconductor devices are used
`as a Component in an Electrical control unit or other part of
`a wire harness systems.
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`ii.
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`iii.
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`Instrument Panel Clusters: Instrument Panel Clusters are the mounted
`array of instruments and gauges housed in front of the driver of a Vehicle.
`They are also known as “meters.”
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`Fuel Senders: Fuel Senders reside in the fuel tank of a Vehicle and
`measure the amount of fuel in the tank. Fuel Senders consist primarily of
`a float and a variable resistor. The resistor measures the amount of
`pressure the float puts on a bar. As the fuel goes down the float goes
`down with it. As it dips, the electrical current in the variable resistor sends
`weaker electrical signals to the fuel gauge. The gauge then drops,
`indicating that there is less fuel in the tank.
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`Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18583 Filed 01/19/16 Page 15 of 234
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`Heater Control Panels: Heater Control Panels are located in the center
`console of a Vehicle and incorporate switches that control the temperature
`of the interior environment of a Vehicle. The electronic Heater Control
`Panel product category is broken down into manual and automatic Heater
`Control Panels. Manual Heater Control Panels are known as low-grade
`while automatic Heater Control Panels are commonly referred to as high-
`grade.
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`Bearings: Bearings are spherical balls, rounded joints, or rotating parts
`that bear friction and are constructed of steel, aluminum, platinum,
`stainless steel, etc.
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`Occupant Safety Systems: Occupant Safety Systems are generally
`comprised of the parts in a Vehicle that protect drivers and passengers
`from bodily harm. Occupant Safety Systems include seat belts, airbags,
`steering wheels or steering systems, and safety electronic systems.
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`Seat belts: Seat belts are safety strap restraints designed to
`secure an occupant in position in a Vehicle in the event of
`an accident. A seat belt includes belt webbing, a buckle, a
`retractor, and hardware for installation in a Vehicle, and
`may also include a height adjuster, pretensioner, or other
`associated devices.
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`Airbags: Airbags are occupant restraints designed to
`control the movement of an occupant inside a Vehicle in
`case of an accident. An airbag consists of fabric, an
`inflator, and an initiator to start the deployment, and may
`include an injection molded plastic cover or other
`associated devices.
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`Steering Wheels: Steering wheels aid in the control of a
`Vehicle. A steering wheel may consist of a die-cast
`armature (frame) covered by molded polyurethane and
`finished with leather, wood trim, or plastic.
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`Safety electronic systems: Safety electronic systems are
`electronic systems that may help prevent accidents before
`they occur and/or that work with seat belts, airbags and
`steering wheels to mitigate the results of an accident.
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`vii. Alternators: Alternators are devices that charge a Vehicle’s battery and
`power a Vehicle’s electrical system when its engine is running. If an
`Alternator is not working correctly, a battery will lose charge and all
`Vehicle electrical systems will stop working. When an Alternator is not
`working, it is usually replaced rather than repaired.
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`Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18584 Filed 01/19/16 Page 16 of 234
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`viii. Anti-Vibration Rubber Parts: Anti-Vibration Rubber Parts are
`comprised primarily of rubber and metal and are installed in Vehicles to
`reduce engine and road vibration. Anti-Vibration Rubber Parts are
`installed in suspension systems and engine mounts, as wells as other parts
`of a Vehicle. A Vehicle can have numerous Anti-Vibration Rubber Parts.
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`ix. Windshield Wiper Systems: Windshield Wiper Systems are devices
`used to remove rain and debris from a Vehicle’s windshield. Windshield
`Wiper Systems generally consist of an arm, pivoting at one end and with a
`long rubber blade attached to the other. The blade is swung back and forth
`over the glass, pushing water from its surface.
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`x.
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`Radiators: Radiators, which include radiator fans, are devices that help to
`prevent Vehicles from overheating. Radiators are a form of heat
`exchanger, usually filled with a combination of water and antifreeze,
`which extracts heat from inside the engine block and includes an electrical
`fan, which forces cooler outside air into the main portion of the radiator.
`The radiator indirectly exposes coolant, heated by traveling through the
`engine block, to cool air as the Vehicle moves. Radiators are replaced
`when a Vehicle consistently overheats.
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`xi.
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`Starters: Starters are devices powered by a Vehicle’s battery to “turn
`over” and start the engine when the driver turns the ignition switch.
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`xii. Vehicle Lamps: Vehicle Lamps include headlamps and rear combination
`lamps. A headlamp is a Vehicle Lamp installed in the front of a Vehicle
`that consists of lights such as headlights, a clearance lamp, and turn
`signals. A rear combination lamp is a Vehicle Lamp installed in the rear of
`a Vehicle that consists of lights such as a backup lamp, stop lamp, tail
`lights, and turn signals.
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`xiii.
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`Switches: Switches include one or more of the following: (i) the steering
`wheel switch, which is installed in the steering wheel of a Vehicle and is
`operated by the driver of the Vehicle to control functions within the
`Vehicle; (ii) the turn switch, which is a lever switch installed behind the
`steering wheel of a Vehicle and is operated by the driver of the Vehicle to
`signal a left or right turn and control hi/lo beam selection; (iii) the wiper
`switch, which is a lever switch installed behind the steering wheel of a
`Vehicle and is operated by the driver of the Vehicle to activate the
`Vehicle’s windshield wipers; (iv) the combination switch, which is a
`combination of the turn and wiper switches as one unit, sold together as a
`pair; and (v) the door courtesy switch, which is a switch installed in the
`door frame of a Vehicle that activates the courtesy lamp inside the Vehicle
`when the Vehicle door opens.
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`xiv.
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`Ignition Coils: Ignition Coils are part of the fuel ignition system and
`release electric energy suddenly to ignite a fuel mixture. There are
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`Case 2:12-md-02311-SFC-RSW ECF No. 1186, PageID.18585 Filed 01/19/16 Page 17 of 234
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`multiple types of ignition coils, such as coil on plug (including pencil
`style, single output, dual output, and dual output with integrated igniter),
`distributor-less ignition systems (including output side terminal, output top
`terminals, and output bolt-on cassette package), and distributor-based
`single coils (including single output epoxy filled and single output epoxy
`filled with ballast resistor).
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`xv. Motor Generators: Motor Generators are electric motors used to power
`electric drive systems that can also capture energy from the process of
`stopping a Vehicle to generate electricity through regenerative braking.
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`xvi.
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`Steering Angle Sensors: A Steering Angle Sensor is installed on the
`steering column of a Vehicle and may be connected to, and part of, a
`combination switch. It detects the angle of the Vehicle’s wheels during
`turns and sends signals to the Vehicle stability control system, which
`maintains the Vehicle’s stability during turns.
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`xvii. HID Ballasts: An HID Ballast is an electrical device that limits the
`amount of electrical current flowing to an HID headlamp, which would
`otherwise rise to destructive levels due to the HID headlamp’s negative
`resistance.
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`xviii. Inverters: Inverters provide power to motors by converting direct current
`(“DC”) electricity from a Vehicle’s battery to alternating current (“AC”)
`electricity.
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`xix. Electronic Powered Steering Assemblies: Electronic Powered Steering
`Assemblies include electric power steering motors, provide electronic
`power to assist the driver to more easily steer the Vehicle. Electric
`Powered Steering Assemblies link the s