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									                                               IN THE CIRCUIT COURT OF THE FOURTH
                                               JUDICIAL CIRCUIT, IN AND FOR DUVAL
                                               COUNTY, FLORIDA

                                              CASE NO.:07-CA-009207
                                              DIVISION: CV -C


BARBARA McCLURE, on behalf of herself
and all others similarly situated,

Plaintiff, v.


AVENUES MOTORS, LTD., d/b/a COGGIN
NISSAN AT THE AVENUES,
        Defendant.


       NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND OF HEARING ON
                           PROPOSED SETTLEMENT

DO NOT BE ALARMED YOU HAVE NOT BEEN SUED. THIS NOTICE EXPLAINS IMPORTANT
RIGHTS YOU MAY HAVE AS A RESULT OF A PROPOSED CLASS ACTION SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS WILL BE
AFFECTED BY PROCEEDINGS IN THIS ACTION. YOU MAY BE ENTITLED. TO RECEIVE
BENEFITS PURSUANT TO THE PROPOSED SETTLEMENT DESCRIBED HEREIN.

EXCLUSION DEADLINE: REQUESTS FOR EXCLUSION FROM THE CL ASS MUST BE
FILED SO AS TO BE RECEIVED NO LATER THAN MAY 24, 2010.

YOU HAVE BEEN IDENTIFIED AS A MEMBER OF THE SETTLEMENT CLASS AND MAY
BE ELIGIBLE TO RECEIVE COMPENSATION.

       You have received this Notice because you have been identified as a member of a proposed
Settlement Class in a lawsuit filed against AVENUES MOTORS, LTD., d/b/a COGGIN NISSAN AT THE
AVENUES (referred to herein as "Coggin Nissan" or "Defendant").

        The Settlement Class is defined as follows:

        All persons in the state of Florida who entered into a Retail Installment Sales
        Contract (RISC) with Coggin Nissan between October 11, 2006 and January 1,
        2008 and signed separate documents purporting to allow Coggin Nissan the unilateral
        right to terminate the sale if financing was not obtained.
        The group of persons meeting the above class definition is the "Settlement Class."
        Anyone who is a member of the Settlement Class is a "Class Member."



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                                           1. LITIGATION SUMMARY

             a. Plaintiff Barbara McClure ("Plaintiff') filed a lawsuit seeking damages and declaratory and
     injunctive relief against Coggin, alleging violations of the Motor Vehicle Retail Sales Finance Act,
     §520.01, et. seq., Florida Statutes (MVRSFA), the Federal Truth in Lending Act, 15 U.S.C. § 1601, et.
     seq. (TILA), Florida's Deceptive and Unfair Trade Practices Act, §501.201, et. seq., (FDUTPA), the
     Florida Consumer Collection Practices Act, §559.55, et. seq., Florida Statutes (FCCPA), the Fair Credit
     Reporting Act, 15 U.S.C. §§1681, et. seq., the Equal Credit Opportunity Act, 15 U.S.C. §1691, et. seq.
     and breach of contract.

             b. Plaintiffs class action complaint asserts that Coggin's use of a separate Bailment Agreement
     for Spot Delivery (Bailment Agreement) conflicts with the language set forth in the Retail Installment
     Sales Contract (RISC) in violation of the disclosure requirements of the Truth In Lending Act (TILA) and
     the Florida Motor Vehicle Retail Sales Finance Act (FMVRSFA). Plaintiff also asserts that the use of the
     separate Bailment Agreement constitutes an unfair and deceptive trade practice in violation of Florida
     law.

             c. Plaintiffs class action complaint essentially challenged Coggin's use of its separate Bailment
     Agreement. Coggin frequently used a separate Bailment Agreement during the class period, in addition
     to the Buyer's Order and a Retail Installment Sales Contract. While Plaintiff has alleged that using the
     separate bailment agreement was deceptive, Coggin contends that the paperwork used made it clear to the
     buyer that the sale was conditioned upon the dealer finding financing for the buyer at the terms provided for
     in the RISC, and that the process is legal and does not violate any state or federal laws.

              d. Coggin denies any liability to Plaintiff or the class and has asserted a number of defenses to the
     complaint. Coggin denies it has violated any Florida or federal law. Nevertheless, Coggin considers it
     desirable that the action and the claims alleged herein be settled upon the terms and conditions set forth in
     the Settlement Agreement of March 1, 2010, in order to avoid further expense and burdensome,
     protracted litigation, and to put to rest all claims that have been or might be asserted by the Plaintiff or the
     class arising out of or related to the subject matter of the complaint.
             e. The Settlement was reached after lengthy negotiations between the parties and will release all
     claims asserted against Coggin Nissan related to Coggin's practice of making the sale of vehicles
     conditioned upon financing or obtaining an assignment of the RISC.

                              2. DESCRIPTION OF SETTLEMENT BENEFITS

     A.      Injunctive Relief

            If the settlement receives final approval from the Court, Coggin will be ordered by the Court to
     comply with the following practices for a two (2) year period after the Effective Date, defined below:
1.          Coggin shall no longer use a separate "Bailment Agreement for Vehicle Spot Delivery."

             2.       Coggin agrees to provide written notice to all consumers prior to attempted repossession who
                      have purchases called back or cancelled by Coggin.

3.          Coggin agrees to give its customers five (5) days to return the vehicle, once the customer receives



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written notice specified in the preceding paragraph. Coggin shall not take any action toward repossession of
the vehicle within this five-day time period.

        4.      Coggin agrees that it shall have no more than thirty (30) days from full execution of the
                RISC in which to secure an assignment of the customer's RISC. Coggin further agrees not
                to insert more than thirty (30) days in any RISC provided to a customer.

        5.      Coggin agrees that it shall not charge customers for mileage placed on any vehicl e
                returned to Coggin due to failure to secure an assignment of the customer's RISC, so long as
                the customer voluntarily returns the vehicle within the five-day notice period.

        6.      Coggin agrees that it shall not charge customers for rent or lease of any vehicle returned to
                Coggin due to failure to secure an assignment of the customer's RISC, so long as the customer
                voluntarily returns the vehicle within the five-day notice period.

B.      Monetary Relief:

       All Settlement Class Members shall receive a $100 Service Voucher, redeemable for any
vehicle service offered by Defendant's dealership. Vouchers must be used by the Class Member within
120 days of the date that the vouchers are mailed to the Class after Final Approval. Vouchers are not
redeemable for cash and no cash will be provided in exchange for or as change given in exchange for the
Voucher. Vouchers do not require Class Members to spend a pre-determined amount on services offered by
Defendant, but Vouchers can only be used during a single service visit. For example, a Class Member can
use the $100 Voucher for an oil change, transmission fluid change, and air cleaner during a single visit.
However, those same services could not be completed during three separate visits. Class members shall
pay any amounts due over and above the $100 Voucher value, if exceeded.
        Eligible Settlement Class Members as defined herein may receive monetary compensation over
and above the Voucher because they paid more for the vehicle or had the entire purchase cancelled. The
additional monetary compensation available to these class members is as follows:
        An Eligible Settlement Class Member is any Settlement Class Member who (a) had financing
        declined and subsequently signed a second or additional Retail Installment Sales Contract
        (RISC) with different, less favorable terms (i.e., either a higher down payment on second or
        subsequent RISC(s) or a higher "Total of Payments" on second or subsequent RISC(s);(Eligible Class
        Member A) or (b) had financing declined and either voluntarily returned the vehicle to Defendant
        or had the vehicle repossessed by Defendant (Eligible Class Member B).
        Eligible Class Member A: Each Eligible Class Member who signed Multiple RISCs with
        different, less favorable terms (as defined above) and who timely submits an approved written
        claim in accordance with the Settlement Agreement and this Class Notice shall receive a check in
        the amount of $250.00.

        Eligible Class Member B: Certain Eligible Class Members were required under the terms of the
        Bailment Agreement to return the vehicle and terminate the RISC. Each such Eligible Class
        Member who timely submits an approved written claim in accordance with the Settlement
        Agreement and this Class Notice shall receive the greater of $500.00 or the total amount of their
        actual damages as measured by any amounts charged to these class members by Defendant for:



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        (1) the rent or lease of the vehicle; (2) mileage; (3) repossession fees; or (4) other actual approved
        costs associated with the termination of the RISC by Defendant. Defendant's business records
        shall be presumptively determinative of the amount of actual damages. Any dispute shall be
        determined by the Court.

                      3. FILING AND PROCESSING OF PROOFS OF CLAIM

IF THE COURT GIVES FINAL APPROVAL TO THIS SETTLEMENT, CLASS MEMBERS WILL BE
MAILED THE $100 VOUCHER DESCRIBED ABOVE AND A CLAIM FORM. CLASS MEMBERS
THAT FALL WITHIN THE DEFINITIONS OF ELIGIBLE CLASS MEMBER A AND B MAY
RECEIVE THE ADDITIONAL MONEY BENEFITS SET FORTH ABOVE IF THEY COMPLETE AND
SIGN THE CLAIM FORM THAT WILL BE MAILED WITH THE VOUCHER BY THE DUE DATE.

IF YOU DO NOT FILE A CLAIM FORM YOU WILL NOT BE ENTITLED TO ANY SHARE OF THE
SETTLEMENT FUNDS BEYOND THE SERVICE VOUCHER.

YOU DO NOT NEED TO FILE A PROOF OF CLAIM TO RECEIVE A SERVICE VOUCHER.

IF YOU DO NOT PROPERLY REQUEST EXCLUSION FROM THE CLASS, YOU WILL BE
BOUND BY THE SETTLEMENT AND THE FINAL JUDGMENT OF THE COURT DISMISSING THIS
ACTION, EVEN IF YOU DO NOT FILE A CLAIM FORM. IF YOU REQUEST EXCLUSION, YOU WILL
NOT BE BOUND BY THE JUDGMENT BUT YOU WILL NOT BE ENTITLED TO RECEIVE A
SERVICE VOUCHER OR ANY SHARE OF THE MONETARY SETTLEMENT FUNDS.

ALL CLAIM FORMS MUST BE SUBMITTED BY [90 DAYS AFTER FINAL APPROVAL].


        4. RELEASE OF CLAIMS OF CLASS MEMBERS AND DISMISSAL OF ACTION

       All Settlement Class Member not opting out of this Settlement by exercising their right to
exclude themselves from the Class in the manner set forth in paragraph 4 below shall, as of the Effective
Date, be deemed to release and discharge forever Coggin and its officers, directors, successors,
predecessors, shareholders, affiliated companies, parent companies, subsidiaries, employees, insurers,
attorneys, and agents ("Released Parties"), from their claims under Motor Vehicle Retail Sales Finance
Act, §520.01, et. seq., Florida Statutes (MVRSFA), the Federal Truth in Lending Act (TILA), and
Florida's Deceptive and Unfair Trade Practices Act, §501.201, et seq., F.S. (FDUTPA), the Florida
Consumer Collection Practices Act, §559.55, et. seq., Florida Statutes (FCCPA), the Fair Credit
Reporting Act, 15 U.S.C. §§1681, et. seq., the Equal Credit Opportunity Act, 15 U.S.C. §1691, et. seq.;
for breach of contract, and for any other claim or cause of action related to Coggin's practice of making
the sale of vehicles conditioned upon financing or obtaining an assignment of the RISC, including,
without limitation, any claims for rescission, for additional finance charges and for any consequential or
other damages for return of a vehicle. No other claims are affected by this Settlement. The effectiveness of
this Release is not contingent on a Class Member's receiving any monetary benefit under this
Agreement. As used in this paragraph, "claims" includes any and all manner of claims, rights, actions,
causes of action, suits, executions, liabilities, debts, complaints, appeals, claims for attorneys' fees or costs,
claims for compensatory or punitive damages, and any other claim of any kind or nature whatsoever, in law
or in equity, whether known or unknown arising from the subject matter of the Complaint in this action. The



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Settlement shall result in dismissal of the lawsuit with prejudice and shall bind the members of the
Settlement Class who do not timely exclude themselves as provided below.

                                5. ATTORNEYS' FEES AND COSTS

       Under the terms of the proposed settlement, Defendant has agreed to pay Class Counsel
$255,000.00 in attorneys' fees and $9,000 in litigation costs. Class Counsel's fees and expenses will be
paid by Defendant and will not be deducted from the amounts payable to Class Members. Defendant will
also pay all costs of administration of the settlement.
       Plaintiff McClure will receive a special incentive award of $11,429.00, in consideration of their
substantial assistance in the prosecution of this case and to settle her individual claims.


                                 6. REASONS FOR SETTLEMENT

       The settlement that is being submitted to the Court for approval is between the Settlement Class and
Defendant, and includes a release and dismissal with prejudice of the claims of the Settlement Class and all
Class Members against Defendant and others associated with it

        Class Counsel views this settlement as advantageous to the Settlement Class. The settlement
agreement provides for substantial monetary and non-monetary relief for the Class. The Class would face
risks in continuing litigation with respect to both proof of liability and proof of damages and the
appropriateness of class certification. Defendant, while denying that it is liable to anyone or that it has
committed any wrongdoing, wish to avoid further time consuming and costly litigation, to obtain final
settlement of the Settlement Class's claims, and to extinguish any liability with respect to matters alleged
in the lawsuit.
                         7. OPTING OUT OF CLASS AND SETTLEMENT:

       You have a right to "opt out" and be excluded from the Class. If you wish to be excluded from the
Class, you must send a written Request for Exclusion to: The Honorable Jim Fuller, Clerk of the Circuit
Court, Fourth Judicial Circuit Court in and for Duval County, Florida, 330 E. Bay Street, Jacksonville,
FL 32202 providing your name, address, and the statement "Requests Exclusion from the Class in Barbara
McClure v. Avenues Motors, LTD., d/b/a Coggin Nissan at the Avenues, Case No.: 07CA-009207
Division CV-C." Requests for Exclusion must be signed and postmarked no later than May 24, 2010.
Requesting Exclusion from the Class removes your ability to receive the monetary benefits of the
Settlement.
                                   8. FINAL FAIRNESS HEARING

        The Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida will hold a Final
Fairness Hearing on June 3, 2010 at 1:30 p.m. at the Duval County Courthouse, 330 E. Bay Street,
Jacksonville, FL 32202. YOU ARE NOT REQUIRED TO ATTEND UNLESS YOU ARE FILING AN
OBJECTION, but you may do so if you wish. At the hearing, the Court will consider (i) whether to
approve the settlement as fair, reasonable and adequate, (ii) whether and in what amount to award fees and
expenses to Class Counsel, and (iii) whether and in what amount to award a special incentive award to
Plaintiff. The hearing may be rescheduled without further notice.



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                              9. OBJECTING TO THE SETTLEMENT


        As a Class Member, if you do not opt out of the Class as set forth in paragraph 4 above, you
may appear at the Final Fairness Hearing to be heard in opposition to the fairness of the Settlement,
provided that you send a written "Notice of Objection to the Settlement in Barbara McClure v.
Avenues Motors, LTD., d/b/a Coggin Nissan at the Avenues, Case No.: 07-CA-009207 Division
CV-C." to: The Honorable Jim Fuller, Clerk of the Circuit Court, Fourth Judicial Circuit Court in and
for Duval County, Florida, 330 E. Bay Street, Jacksonville, FL 32202 AND serve such objection upon
Class Counsel and Defendant's Counsel at the addresses listed below, no later than May 24, 2010 (10
days prior to the date of the Final Fairness Hearing).
Defendant's Counsel

Robert A Shimberg
FBN 816043
Attorney for Avenues Motors, Ltd. Hill, Ward and Henderson, P.A. Post Office Box 2231
Tampa, Florida 33601
(813) 221-3900
Class Counsel

Brian W. Warwick
FBN 0605573
Attorney for Barbara McClure, et al Varnell & Warwick, P.A.
20 La Grande Boulevard
The Villages FL 32159
352/753-8600

Your written objection should include: (a) a notice of intent to appear; (b) a detailed statement of each
objection asserted; (c) the grounds for each objection; (d) any documents and writings which you want
the Court to consider; and (e) a list of witnesses you intend to call, if any.

                                 10. ADDITIONAL INFORMATION

This is a summary Notice of the terms of the Settlement. You may receive a complete copy of the
Settlement Agreement, and additional information by writing or sending a facsimile to Defendant's
Counsel or Class Counsel at the addresses listed above. The Settlement Agreement and case file may
be reviewed during regular business hours at the Clerk's Office, Duval County Courthouse, 330 E.
Bay Street, Jacksonville, FL 32202.
Dated: 3/19/2010
By Order of the Court
Clerk of the Court




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