If you are a member of the Settlement Class and do not request to be excluded, you can tell the Court you like the Settlement and it should be approved, or you can ask the Court to deny approval by filing a written objection. You can object to the Settlement and/or to Class Counsel’s requests for Fees and Expenses and Settlement Class Representative service award. You cannot ask the Court to order a different settlement; the Court can only approve or reject the proposed Settlement. If the Court denies approval of the Settlement, no settlement payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object on a timely basis. You are not required to submit anything to the Court unless you are objecting or wish to be excluded from the Settlement.
To object to or comment on the Settlement, you must do either of the following:
- File your written objection or comment, and any supporting papers or materials, on the Court’s docket for this case, Kimball v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 2:22-cv-04163-MAH, via its electronic filing system, no later than October 15, 2025, or
- File your written objection or comment, and any supporting papers or materials, with the Court in person at the Clerk’s Office, United States District Court for the District of New Jersey, 4015 Martin Luther King Jr. Federal Building and United States Courthouse, 50 Walnut Street, Newark, New Jersey 07102, no later than October 15, 2025, or
- Mail your written objection or comment, and any supporting papers or materials, to each of the following, by U.S. first-class mail, postmarked no later than October 15, 2025:
COURT
Clerk's Office
Martin Luther King Jr. Federal Building
and United States Courthouse
50 Walnut Street
Newark, NJ 07102
CLASS COUNSEL
Gary Graifman, Esq.
Kantrowitz, Goldhamer & Graifman PC
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
DEFENSE COUNSEL
Michael B. Gallub, Esq.
Shook, Hardy & Bacon LLP
1 Rockefeller Plaza, Suite 2801
New York, NY 10020
Regardless of the above method you choose, your written objection must state clearly that you are objecting to the Settlement or the request for Class Counsel Fees and Expenses and/or Class Representative Service Awards in Kimball v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 2:22-cv-04163-MAH, and must include all of the following: (i) your full name, current address and telephone number; (ii) the model, model year and VIN of your Settlement Class Vehicle; (iii) proof that you own(ed) or lease(d) the Settlement Class Vehicle (i.e., a true copy of a vehicle title, registration or license receipt); (iv) a written statement of all your factual and legal grounds for objecting; (v) copies of any papers, briefs and/or other documents upon which the objection is based and which are pertinent to the objection; (vi) the name, address, and telephone number of any counsel representing you; and (vii) a detailed list of any other objections submitted by you and/or any counsel representing you to any class action settlements in any court in the United States in the previous five (5) years, including the full case name with jurisdiction in which it was filed and the docket number, or affirmatively state, in your objection, that you and/or your counsel have not objected to any other class action settlement in the United States in the previous five (5) years.
Subject to the approval of the Court, any Settlement Class Member may appear, in person or by counsel, at the Final Fairness Hearing. In order to appear, the Settlement Class Member must, by the objection deadline of October 15, 2025, file with the Clerk of the Court and serve upon all counsel designated in the Class Notice (see above), a Notice of Intention to Appear at the Fairness Hearing. The Notice of Intention to Appear must include copies of any papers, exhibits or other evidence and identity of witnesses that the Settlement Class Member (or his/her counsel) intends to present to the Court in connection with the Fairness Hearing.
Any Settlement Class Member who does not submit a written objection to the proposed Settlement, or Class Counsel’s application for Fees and Expenses and/or the Class Representative service award, within the above deadline and in full compliance with the above requirements and procedure for a valid objection shall waive his/her/its right to do so, and to appeal from any order or judgment of the Court concerning the Settlement, Fees and Expenses and/or service award.
Any Settlement Class Member who does not provide a Notice of Intention to Appear in accordance with the deadline and other requirements set forth in this Class Notice shall be deemed to have waived any right to appear, in person or by counsel, at the Final Fairness Hearing.