Tweet
Class Action lawsuit against Seagate Hard Drives?
Just got this in E-mail today:
Notice of Seagate Hard Drive Class Action and Proposed Settlement
If you purchased a Seagate brand hard disc drive between March 22, 2001 and September 26, 2007, a proposed class action settlement may affect you. A hearing has been scheduled in San Francisco Superior Court to approve the settlement. Under the settlement, you may have the right to make a claim for cash or software. You also may choose to exclude yourself from the settlement. Alternatively, you may file written objections to the settlement and appear (or have your own attorney appear) at the court hearing. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement. To learn more about or exercise any of your rights, please read below and visit www.harddrive-settlement.com.
The lawsuit is Cho v. Seagate Technology (US) Holdings, Inc., San Francisco Superior Court, Case No. 453195. In the suit, the plaintiff alleges that in the sale and marketing of hard disc drives, Seagate stated that purchasers of the drives would receive approximately 7% more usable storage capacity than they actually received. Seagate has denied and continues to deny each and all of plaintiff's claims, and denies that anyone has been harmed or deserves compensation. The Court has not made a decision on the merits.
You are a member of the settlement class if, between March 22, 2001 and September 26, 2007, you purchased in the United States a new Seagate brand hard disc drive from an authorized Seagate retailer or distributor, separately as a Seagate product that was not pre-installed into and bundled with a personal computer or other electronic device.
As part of the settlement, Seagate will make certain disclosures regarding the storage capacity of its retail hard drives.
In addition, if you submit a valid claim, you will receive free backup and recovery software, or a cash payment equivalent to five percent of the net amount you paid for the hard drive (excluding taxes or rebates). To receive the software or the cash payment, you must submit a claim form available at www.harddrive-settlement.com by March 10, 2008. You may submit a claim form for each qualifying drive you purchased. To obtain the cash payment, you must have purchased your drive before January 1, 2006 and you must submit appropriate documentation or the serial number for each drive.
If the settlement is approved, plaintiff's counsel will apply for an award of attorneys' fees, expenses and incentive awards not to exceed $1,792,000, to be paid separately from and in addition to the benefits available to settlement class members.
All claims of settlement class members which were or could have been asserted in the litigation, based upon the facts alleged in the litigation (as well as in a related case entitled Lazar v. Seagate Technology LLC, et al., San Francisco Superior Court, Case No. 439700; and California Court of Appeal, Case No. A116350) will be released. This means that if you do not exclude yourself from the settlement class, you will give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement.
If you do not want to participate in this class action or be bound by this settlement you must exclude yourself from the settlement class by submitting a written request for exclusion which includes your full name and address and your request to be excluded from the class. Mail your request for exclusion to Hard Drive Settlement, c/o Rust Consulting, Inc., P.O. Box 1240, Minneapolis, MN 55400-1240. Your written request for exclusion must be received by December 21, 2007. If you exclude yourself, you will not receive the benefits of the settlement, and you cannot object to the settlement.
If you wish to object to the settlement, appear at the settlement hearing, have your own attorney appear at the settlement hearing, or intervene in the case, you must file your objection, request to appear, or request to intervene with the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California 94102 and you must send copies to the attorneys for both parties. The plaintiff's attorney is Brian R. Strange, Strange & Carpenter, 12100 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90025. Seagate's attorney is Peter S. Hecker, Heller Ehrman LLP, 333 Bush Street, San Francisco, CA 94104. For additional detailed instructions go to www.harddrive-settlement.com. All objections and requests to appear or intervene must be received by the court and attorneys by December 21, 2007.
DO NOT CONTACT THE COURT OR SEAGATE CONCERNING THIS NOTICE OR THIS LAWSUIT. If you would like more information about this notice or this case, please visit www.harddrive-settlement.com. If you do not have internet access, you may request additional information by mail from counsel for plaintiff, as set forth above.
If you purchased a Seagate brand hard disc drive between March 22, 2001 and September 26, 2007, a proposed class action settlement may affect you. A hearing has been scheduled in San Francisco Superior Court to approve the settlement. Under the settlement, you may have the right to make a claim for cash or software. You also may choose to exclude yourself from the settlement. Alternatively, you may file written objections to the settlement and appear (or have your own attorney appear) at the court hearing. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement. To learn more about or exercise any of your rights, please read below and visit www.harddrive-settlement.com.
The lawsuit is Cho v. Seagate Technology (US) Holdings, Inc., San Francisco Superior Court, Case No. 453195. In the suit, the plaintiff alleges that in the sale and marketing of hard disc drives, Seagate stated that purchasers of the drives would receive approximately 7% more usable storage capacity than they actually received. Seagate has denied and continues to deny each and all of plaintiff's claims, and denies that anyone has been harmed or deserves compensation. The Court has not made a decision on the merits.
You are a member of the settlement class if, between March 22, 2001 and September 26, 2007, you purchased in the United States a new Seagate brand hard disc drive from an authorized Seagate retailer or distributor, separately as a Seagate product that was not pre-installed into and bundled with a personal computer or other electronic device.
As part of the settlement, Seagate will make certain disclosures regarding the storage capacity of its retail hard drives.
In addition, if you submit a valid claim, you will receive free backup and recovery software, or a cash payment equivalent to five percent of the net amount you paid for the hard drive (excluding taxes or rebates). To receive the software or the cash payment, you must submit a claim form available at www.harddrive-settlement.com by March 10, 2008. You may submit a claim form for each qualifying drive you purchased. To obtain the cash payment, you must have purchased your drive before January 1, 2006 and you must submit appropriate documentation or the serial number for each drive.
If the settlement is approved, plaintiff's counsel will apply for an award of attorneys' fees, expenses and incentive awards not to exceed $1,792,000, to be paid separately from and in addition to the benefits available to settlement class members.
All claims of settlement class members which were or could have been asserted in the litigation, based upon the facts alleged in the litigation (as well as in a related case entitled Lazar v. Seagate Technology LLC, et al., San Francisco Superior Court, Case No. 439700; and California Court of Appeal, Case No. A116350) will be released. This means that if you do not exclude yourself from the settlement class, you will give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement.
If you do not want to participate in this class action or be bound by this settlement you must exclude yourself from the settlement class by submitting a written request for exclusion which includes your full name and address and your request to be excluded from the class. Mail your request for exclusion to Hard Drive Settlement, c/o Rust Consulting, Inc., P.O. Box 1240, Minneapolis, MN 55400-1240. Your written request for exclusion must be received by December 21, 2007. If you exclude yourself, you will not receive the benefits of the settlement, and you cannot object to the settlement.
If you wish to object to the settlement, appear at the settlement hearing, have your own attorney appear at the settlement hearing, or intervene in the case, you must file your objection, request to appear, or request to intervene with the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California 94102 and you must send copies to the attorneys for both parties. The plaintiff's attorney is Brian R. Strange, Strange & Carpenter, 12100 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90025. Seagate's attorney is Peter S. Hecker, Heller Ehrman LLP, 333 Bush Street, San Francisco, CA 94104. For additional detailed instructions go to www.harddrive-settlement.com. All objections and requests to appear or intervene must be received by the court and attorneys by December 21, 2007.
DO NOT CONTACT THE COURT OR SEAGATE CONCERNING THIS NOTICE OR THIS LAWSUIT. If you would like more information about this notice or this case, please visit www.harddrive-settlement.com. If you do not have internet access, you may request additional information by mail from counsel for plaintiff, as set forth above.
Comment