Pontiac GTO

Summary of Pending Case: On May 10, 2007, Shepherd, Finkelman, Miller & Shah, LLP filed a Class Action Complaint in the United States District Court for the Eastern District of California against General Motors Corporation ("General Motors"), alleging that Pontiac GTO vehicles’ tires are wearing unevenly and prematurely, thus causing owners and lessees to replace the tires after a very short life-span and also raising significant customer concerns. Plaintiffs allege that consumers’ tires are wearing unevenly, especially on the inside of the tires, as a result of the tires rubbing against the inside strut. The constant rubbing on the inside of the tires could lead to an explosion of the tires and possible blow out. Upon information and belief, Pontiac has not issued a technical service bulletin for this problem. This action seeks to represent all current and former owners and lessees of model year 2004 and 2005 Pontiac GTOs purchased or leased in the State of California. The action is captioned William O'Connor and Melody O'Connor v. General Motors Corporation, Civil Action No. 2:07-cv-0892.

Status of Pending Case: On April 3, 2008, Plaintiffs filed an Amended Complaint on behalf of a purported class of all current and former owners and lessees of model year 2004, 2005 and 2006 Pontiac GTOs purchased or leased in the State of Florida. The case is captioned John Paikai v. General Motors Corporation, Civil Action No. 2:07-cv-02469 and was designated related and consolidated with the O'Connor Action. General Motors filed a Motion to Dismiss on May 2, 2008 and Plaintiffs filed their Opposition on May 23, 2008. On July 15, 2008, the Court denied Defendant's Motion in part and granted it in part and granted Plaintiffs leave to amend the Complaint. Plaintiffs filed a Second Amended Complaint on August 14, 2008 and, on September 22, 2008, General Motors filed a Motion to Dismiss Plaintiffs' Second Amended Complaint.

On September 15, 2008, Plaintiffs filed a Class Action Complaint against General Motors on behalf of a 48-state class of individuals who are current or former owners or lessees of model year 2004, 2005 and 2006 Pontiac GTOs (excluding California and Florida), who sought warranty coverage for or otherwise presented a claim for repair or reimbursement under the terms of Pontiac's warranty. The case is captioned Sidner v. General Motors Corporation, Civil Action No. 2:08-cv-2172-FCD-GGH. On October 17, 2008, General Motors filed a Motion to Dismiss Plaintiff Sidner's Complaint. The Sidner Action has been consolidated with the O'Connor Action. On February 5, 2009, the Court issued an Order denying the vast majority of the motions to dismiss, and allowing the cases to move forward. The Court denied the Motion to Dismiss the Florida warranty-based claims, class claims and consumer fraud act claims as to the Paikai Action and denied the warranty-based claims, class claims and individual consumer fraud act claims in the Sidner Action. Although the Court granted the motions to dismiss only as to the unjust enrichment claims and Ohio class-based consumer fraud act claims, the Court granted leave to amend those claims. On June 1, 2009, General Motors filed a voluntary petition seeking bankruptcy protection under Chapter 11 of Title 11 of the United States Code. Plaintiffs' case has been stayed pursuant to the bankruptcy filing by General Motors. SFMS has filed proof of claims on behalf of the Class and expects to file a motion seeking to lift the stay.

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