Recently, I got some email about a class action against Symantec - for people who bought upgrades before the expiration of their original product and were not awarded the remainder in their subscription. (I didn't think this happended to me, but maybe one year it did. I'm not really concerned in any case, so I just disregarded it.
However, yesterday I got a similar message about a class action against, apparently, a whole slew of graphcs device companies - ATI, Nvidia, etc.... (Below is the message.) Looks legit...but I'm wondering if maybe this is some sort of spam.
?
THIS IS AN IMPORTANT LEGAL NOTICE. THE MATTERS DISCUSSED IN THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS.
PLEASE READ THIS NOTICE CAREFULLY.
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IN RE GRAPHICS PROCESSING UNITS
ANTITRUST LITIGATION
This Document Relates to:
THE CERTIFIED CLASS OF DIRECT PURCHASER PLAINTIFFS
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Case No: M:07-CV-01826-WHA
MDL No.1826
Hon. William H. Alsup
TO: All individuals and entities who purchased graphics processing card products online from the websites of ATI Technologies ULC (shop.ati.com) or Nvidia Corporation (
www.nvidia.com) in the United States during the period from December 4, 2002 to November 7, 2007.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.
THIS NOTICE MAY AFFECT YOUR RIGHTS.
I. PURPOSE OF NOTICE
Your rights may be affected by a recent decision on class certification in In re Graphics Processing Units Antitrust Litigation, a lawsuit now pending before the United States District Court for the Northern District of California (Northern District) ("the Court"). On July 18, 2008, the Court ruled that this lawsuit may proceed as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure as to a certain group of purchasers (the "Class"). You may be a member of this Class. The purpose of this notice is to advise you of your rights as a potential Class member.
II.DESCRIPTION OF THE LAWSUIT
Plaintiffs Jordan Walker and Michael Bensignor (the "Named Plaintiffs"), on behalf of themselves and other similarly situated direct purchasers of graphics processing chips and graphics cards, brought this lawsuit against Defendants Nvidia Corporation ("Nvidia"), ATI Technologies ULC, Advanced Micro Devices, Inc., AMD US Finance, Inc., and 1252986 Alberta ULC ("collectively ATI"). The Named Plaintiffs allege that, in violation of the federal antitrust laws, Nvidia and ATI conspired to fix, raise, maintain and stabilize prices of graphics processing chips and cards. The Named Plaintiffs also contend that Defendants unlawfully colluded to coordinate new product introductions. The Named Plaintiffs seek triple damages, attorney fees, and costs under the federal antitrust laws. Defendants deny all of these allegations and deny any and all liability for the claims that the Named Plaintiffs assert. A jury trial in this matter is scheduled to begin on March 9, 2009. The last day to file a motion for summary judgment is November 17, 2008. The Court has not ruled on the merits of the claims or defenses in the case.
III. THE COURT'S RULING ON CLASS CERTIFICATION
The Court has ruled that this lawsuit may proceed as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure as to the Class. The certified class is limited to:
All individuals and entities who purchased graphics processing card products online from defendants' websites in the United States during the period from December 4, 2002, to November 7, 2007.
The Court's ruling on class certification does not mean that the Court has found that the Defendants engaged in the conduct that the Named Plaintiffs have alleged or that the Class will recover any damages in the lawsuit. These issues remain to be resolved in the case. The class certification ruling simply means that the final outcome of the lawsuit, whether favorable to the Plaintiffs or to the Defendants, will apply in the same manner to every Class member who does not timely elect to be excluded from the Class as set forth below.
To be a member of the Class, you must have made at least one purchase of a graphics card from ATI's or Nvidia's website between December 4, 2002 and November 7, 2007. If you bought a graphics card during this period only from other sources (such as a retailer like Best Buy or a different website like newegg.com), you are not a member of the Class. If you are an employee of either ATI or Nvidia, you are also not a member of the Class. Also excluded from the Class are any federal, state or local government entity, and any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staffs.
IV. ELECTION TO REMAIN IN THE CLASS
If you fit the above description of a Class member, you have a choice whether to remain a member of the Class on whose behalf this suit is being maintained.
1. If you want to remain a member of the Class, you are not required to do anything at this time. Your rights and responsibilities as a member of the Class are described in the section below.
2. If you want to be excluded from the Class, you must complete and send the attached Request for Exclusion Form to: In re GPU Antitrust Litigation, 1999 Harrison Street, Suite 900, Oakland, CA 94612, by first-class mail postmarked by October 12, 2008. If you elect to be excluded from the Class:
(a) you will not share in any recovery that might be paid to the Class as a result of this lawsuit;
(b) you will not be bound by any decision in this lawsuit favorable to the Defendants; and
(c) you may present any claim that you may have against the Defendants by filing your own lawsuit or you may seek to intervene in this lawsuit directly as a party.
V. RIGHTS AND RESPONSIBILITIES OF CLASS MEMBERS
If you remain a member of this Class:
1. The Named Plaintiffs and their attorneys will act as your representatives and counsel. The law firm of Boies, Schiller & Flexner LLP serves as Class Counsel. Any Class member who chooses to may also enter an appearance through his or her own counsel at his or her own expense without requesting exclusion.
2. Any claims that you may have against the Defendants arising from the conduct that the Named Plaintiffs allege will be determined in this case and cannot be presented in any other lawsuit.
3. Your participation in any recovery that may be obtained from the Defendants through trial or settlement will depend on the results of this lawsuit. If no recovery is obtained for the Class, you will be bound by that result. You will not have to pay any judgment, court costs, or lawyers' fees if the Class obtains no recovery. All fees and expenses of Class Counsel will be paid only out of any recovery that the Class may obtain through settlement or trial as determined by the Court.
4. You may be required as a condition to participating in any recovery to present evidence concerning your purchases of graphics processing cards from ATI or Nvidia. Therefore, you should preserve receipts and any other records containing this information.
5. If ordered by the Court, you will be entitled to notice of any ruling reducing the size of this Class and also to notice of, and an opportunity to be heard, regarding any proposed settlement or dismissal of the Class claims.
VI. ADDITIONAL INFORMATION
Any corrections or changes in your name or address should be sent in writing to:In re GPU Antitrust Litigation, 1999 Harrison Street, Suite 900, Oakland, CA 94612.
If you decide to remain a member of the Class and wish to communicate with lead counsel as your attorney in this litigation, or if you have any questions regarding this Notice, you may do so by writing to:
Kevin Barry, Esquire
Boies, Schiller, and Flexner LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
kbarry@bsfllp.com
You should not contact Judge Alsup directly concerning this matter.
You may seek the advice and guidance of your own attorney at your own expense. The pleadings and other records in this litigation may be examined and copied at any time during regular office hours at the Office of the District Clerk, U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102.
VII. REMINDER AS TO TIME LIMIT
If you wish to be excluded from the Class, you must complete the attached Request for Exclusion Form and send it to: In re GPU Antitrust Litigation, 1999 Harrison Street, Suite 900, Oakland, CA 94612, by first-class mail postmarked by October 12, 2008.
Dated: August 13, 2008
BY ORDER OF THE COURT
_______________________
Richard W. Wieking, Clerk of the Court
United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
REQUEST FOR EXCLUSION FORM
Read the enclosed legal notice carefully before filling out this form
The undersigned has read the Notice Of Class Action, dated August 13, 2008, and does NOT wish to remain a member of the certified Class in the case of In re Graphics Processing Units Antitrust Litigation, now pending before the United States District Court for the Northern District of California.
Date:________________ Signature:____________________________
Printed Name:________________________
If you wish to exclude yourself from the Class, you must complete and return this form by first-class mail postmarked by October 12, 2008.
Class Counsel
In re Graphics Processing Units Antitrust Litigation
c/o Boies, Schiller & Flexner LLP
1999 Harrison Street
Suite 900
Oakland, CA 94612
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Topic: New form of spam, or coincidence? (Read 1328 times)
