Tesla Solar Roof Settlement

DocuSign Envelope ID: 09FBC927-58FA-40FE-B767-3AF4EA4483BC
Case 3:21-cv-03577-VC Document 101 Filed 07/10/23 Page 1 of 5
1 Eve-Lynn Rapp (SBN 342892) David C. Marcus (SBN 158704)

erapp@edelson.com david.marcus@wilmerhale.com
2 Edelson PC Wilmer Cutler Pickering Hale and Dorr LLP
2101 Pearl Street 350 South Grand Avenue, Suite 2400
3 Boulder, Colorado 80302 Los Angeles, California 90071
Tel: 720.741.0076 Tel.: (213) 443-5312
4 Fax: 720.741.0081
Allison Bingxue Que (SBN 324044)
5 Justin T. Berger (SBN 250346) allison.que@wilmerhale.com
jberger@cpmlegal.com Wilmer Cutler Pickering Hale and Dorr LLP
6 Sarvenaz “Nazy” J. Fahimi (SBN 226148) 2600 El Camino Real, Suite 400
sfahimi@cpmlegal.com Palo Alto, California 94306
7 Cotchett, Pitre & McCarthy, LLP Tel.: (650) 858-6000
San Francisco Airport Office Center
8 840 Malcolm Road, Alan Schoenfeld (pro hac vice)
Burlingame, CA 94010 alan.schoenfeld@wilmerhale.com
9 Telephone: (650) 697-6000 Ryan Chabot (pro hac vice)
Facsimile: (650) 697-0577 ryan.chabot@wilmerhale.com
10 Wilmer Cutler Pickering Hale and Dorr LLP
Peter A. Muhic (pro hac vice) 7 World Trade Center
11 pm@millerlawpc.com 250 Greenwich Street
The Miller Law Firm, P.C. New York, New York 10007
12 950 W. University Dr., Suite 300 Tel.: (212) 937-7294
Rochester, MI 48307
13 Tel: 248-841-2200 Attorneys for Defendant Tesla, Inc.
Facsimile: 248.652.2852
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Attorneys for Plaintiffs
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17 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
18 SAN FRANCISCO DIVISION
19 MATTHEW AMANS, and BABAK
MALEK, individually and on behalf of all
20 similarly situated individuals, Case No. 3:21-cv-03577-VC
21
Plaintiffs,
22 Hon. Vince Chhabria
v.
23 CLASS ACTION SETTLEMENT
AGREEMENT ADDENDUM
24 TESLA, INC., a Delaware corporation,
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Defendant.
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CLASS ACTION SETTLEMENT AGREEMENT -1- CASE NO.: 3:21-CV-03577

ADDENDUM
1 Plaintiffs Matthew Amans and Babak Malek (“Plaintiffs”), for themselves individually and
2 on behalf of the Settlement Class, and Tesla, Inc. (“Defendant” or “Tesla”) (collectively, the
3 “Parties”), hereby submit this Addendum to the Class Action Settlement Agreement executed by
4 the Parties on June 26, 2023 (“Settlement Agreement” or “Agreement”), pursuant to Section 10.9
5 of the Settlement Agreement. The Settlement Agreement, along with this Addendum, is intended
6 by the Parties to fully, finally, and forever resolve, discharge, and settle the Released Claims upon
7 and subject to the terms and conditions hereof, and is subject to the approval of the Court. In
8 support of this Addendum, the Parties state as follows:
9 Whereas, on June 26, 2023, the Parties filed a Motion for Preliminary Approval of Class
10 Action Settlement Agreement seeking preliminary approval of the Settlement Agreement. (Dkt.
11 98.) Section 7.2 of the Settlement Agreement states that “Tesla has provided Plaintiffs with data
12 as on April 24, 2023, regarding the approximate size of the Settlement Class (approximately
13 8,200), the number of cancelled contracts (approximately 5,740), the number of contracts
14 completed at the original price (approximately 1,640), the number of Class Members scheduled
15 to have the Solar Roof installed at the original price (approximately 82), and the number of Class
16 Members who have not responded to Tesla since the April 2021 price increase (approximately
17 738), and amounts paid to certain Class cover certain listed out-of-pocket losses.” (Settlement
18 Agreement ¶ 7.2.)
19 Whereas, while preparing CAFA Notice pursuant to 28 U.S.C. § 1715, Tesla collected
20 and then provided to Plaintiffs updated data regarding the approximate size and statuses of the
21 Settlement Class. As a result, the Parties hereby revise Section 7.2 of the Settlement, to state:
22 “Tesla has provided Plaintiffs with data as of June 29, 2023, regarding the approximate size of
23 the Settlement Class (approximately 8,636), the number of cancelled contracts (approximately
24 6,307), the number of contracts completed at the original price (approximately 1,656), the
25 number of Class Members scheduled to have the Solar Roof installed at the original price
26 (approximately 57), and the number of Class Members who are neither canceled nor have been
27 scheduled for installation (approximately 616), and amounts paid to certain Class Members to
28 cover certain listed out-of-pocket losses .”

ADDENDUM
1 Whereas, in order to address the increase of approximately 436 individuals to the
2 estimated size of Settlement Class, Tesla has agreed to increase the Settlement Fund to
3 $6,080,000.00. As such, the Parties hereby revise Section 1.32 of the Settlement to state:
4 ““Settlement Fund” means the non-reversionary cash settlement fund that shall be paid by the
5 Defendant into the Escrow Account within fourteen (14) days of Preliminary Approval in the
6 amount of six million Dollars ($6,080,000.00), plus all interest earned thereon. Payments to
7 Class Members from the Settlement Fund shall be allocated, subject to increase as described in
8 Section 2, below, as follows: (1) an “Automatic Payment Fund of $863,600; (2) a “New Contract
9 Roof Installation Fund” of $2,220,000; and (3) an “Out-of-Pocket Loss Fund” of $1,406,400.
10 The Settlement Fund shall satisfy all monetary obligations of Defendant under this Settlement
11 Agreement, including the Fee Award, Settlement Administration Expenses, Automatic
12 Settlement Payments, Out-of-Pocket Loss Payments, or Increased Installation Cost Payment, to
13 the Settlement Class Members, any service award, and any other payments or other monetary
14 obligations contemplated by this Agreement. In no event shall Defendant be required to pay
15 more than the amount of six million dollars ($6,080,000.00). In no event shall any amount paid
16 by Defendant into the Escrow Account revert to Defendant.”
17 Whereas, no further modifications are being made to the Settlement at this time.
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ADDENDUM
1 CERTIFICATE OF SERVICE
2 I hereby certify that on July 10, 2023, I electronically filed the above document with the
3 Clerk of the Court using CM/ECF, which will send electronic notification of such filing to all
4 registered counsel.
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Dated: July 10, 2023 By: /s/ Eve-Lynn J. Rapp
6 Eve-Lynn J. Rapp
7
8 ATTORNEY ATTESTATION
9 I hereby attest that pursuant to N.D. Cal. Civil L.R. 5-l(h)(3), I have obtained authorization
10 from the above signatories to file the above-referenced document, and that the above signatory
11 concurs in the filing's content.
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Dated: July 10, 2023 By: /s/ Eve-Lynn J. Rapp
13 Eve-Lynn J. Rap
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CERT. OF SERVICE AND ATTORNEY ATTESTATION -1- CASE NO. 3:21-CV-03577

Tesla Solar Roof Settlement

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DocuSign Envelope ID: 09FBC927-58FA-40FE-B767-3AF4EA4483BC

Case 3:21-cv-03577-VC Document 101 Filed 07/10/23 Page 1 of 5

1 Eve-Lynn Rapp (SBN 342892) David C. Marcus (SBN 158704)

17 UNITED STATES DISTRICT COURT

CLASS ACTION SETTLEMENT AGREEMENT -1- CASE NO.: 3:21-CV-03577

8 support of this Addendum, the Parties state as follows:

28 cover certain listed out-of-pocket losses .”

CLASS ACTION SETTLEMENT AGREEMENT -2- CASE NO.: 3:21-CV-03577

1 Whereas, in order to address the increase of approximately 436 individuals to the

11 Agreement, including the Fee Award, Settlement Administration Expenses, Automatic

12 Settlement Payments, Out-of-Pocket Loss Payments, or Increased Installation Cost Payment, to

14 obligations contemplated by this Agreement. In no event shall Defendant be required to pay

16 by Defendant into the Escrow Account revert to Defendant.”

19 [SIGNATURES APPEAR ON FOLLOWING PAGE]

CLASS ACTION SETTLEMENT AGREEMENT -3- CASE NO.: 3:21-CV-03577

11 concurs in the filing's content.

CERT. OF SERVICE AND ATTORNEY ATTESTATION -1- CASE NO. 3:21-CV-03577

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