RIGHTS AND RESPONSIBILITIES OF A POTENTIAL CLASS REPRESENTATIVE
Hagens Berman is investigating the filing of a case against Tesla relating to vehicles equipped with inoperable Autopilot 2.0 hardware. We are reviewing your file and information in order to determine whether to file a new case with you as a class representative. In the event we proceed on your behalf, to assist you in understanding your role as a class representative, we briefly set forth below a description of your responsibilities. Please contact us at any time to further clarify any of these points or if you have any questions whatsoever.
1. You will be suing as a Class Representative. As such, you would represent the interests of all class members who have been affected by the challenged conduct. In this case, the class consists, roughly speaking, of all persons who purchased or leased a a Tesla Model S or Model X vehicle equipped with the hardware associated with Autopilot 2.0.
2. Duty as a Class Representative. As a class representative, the Court requires that you will adequately and fairly represent the class. This is your duty. Here is how you are expected to accomplish that duty:
a. You must be generally familiar with the litigation.
(1) This does not mean you must know every aspect of this litigation. We will keep you informed of major events, and this will satisfy your duty. You should read the complaint and understand it generally. You should know who the parties are. You should know why you are suing.
(2) You may and should confer with us at any time you feel it is appropriate to do so.
b. You must vigorously prosecute the litigation.
This basically means you will authorize your attorneys to do what is necessary to successfully prosecute this case on behalf of the class. We will vigorously pursue this case.
c. You must hire lawyers experienced in class action litigation.
Your lawyers have national experience in class actions. Your lawyers have participated in numerous consumer products case, including vehicle cases, with aggregate recoveries in the billions of dollars.
3. Preservation of Documents. You must preserve all of your documents that are related to this case until it has concluded or your counsel informs you otherwise. Those documents include any information you have, no matter how it is recorded, including not only “paper” records but all financial data as well as any e-mail or other types of computer data that are stored on hard drives, CDs, DVDs, floppy discs, or the like. Additionally, “documents” to be preserved should be read broadly to include any social media or other Internet postings that may pertain to any matter at issue in this case. “Documents” also includes any documents that someone else is keeping for you. If you have any questions about whether information or items that you have should be retained, ask your lawyers at Hagens Berman Sobol Shapiro LLP (“Hagens Berman”).
4. Postings to Social Media Sites or Internet Websites. In order to help preserve the attorney-client privilege, as well as the work product and other case-related protections, you agree not to post information regarding this matter, or communications between us, to social media sites or to Internet websites.
5. Responsibility for Costs. Costs are such items as filing fees, photocopies, transcript costs, and the cost of notices if necessary. All costs are being advanced by Hagens Berman.
6. Notice to the Class. We will undertake this task on your behalf and we will be responsible for all associated costs. Notice is usually accomplished by mailing a copy to identifiable class members and publishing a copy in newspapers.
7. No Special Treatment. You have not been promised any special treatment above the treatment which may be awarded to other class members. If successful in the Class Action, we will probably ask the judge to award you additional compensation for the extra time and effort you expend as a class representative and for having the courage to challenge defendant’s conduct. We cannot guarantee the judge will award additional compensation or the amount of such compensation.