RICHARD SEEBORG, District Judge.
1. The Proposed Long Form Notice attached hereto as Exhibit A is deemed ordered and replaces the Notice previously attached to the Preliminary Approval Order;
2. The Proposed Short Form Notice attached hereto as Exhibit B is deemed ordered and replaces the Notice previously attached to the Preliminary Approval Order;
3. The deadlines set forth in paragraphs 10 through 18 of the Preliminary Approval Order are modified as follows:
Pursuant to N.D. Cal. General Order No. 45, section 45X(B), I hereby attest that concurrence in the filing of this document has been properly obtained.
1. Why did I get this Notice?
2. Who are the Defendant companies?
3. What is this lawsuit about?
4. Why is there a Settlement, but the litigation is continuing?
5. what are optical Disk Drives and optical Disk Drive products?
6. What is a class action?
7. How do I know if I'm part of the Settlement Class?
8. What does the Settlement provide?
9. When can I get a payment?
10. What are my rights in the Settlement Class?
11. What am I giving up to stay in the Settlement Class?
12. When and where will the Court decide whether to approve the Settlement?
13. Do I have to come to the hearing?
14. May I speak at the hearing?
15. Do I have a lawyer in the case?
16. How will the lawyers be paid?
17. How do I get more information?
You or your company may have directly purchased Optical Disk Drives (ODDs) or Optical Disk Drive Devices (ODD Devices) between January 1, 2004 and December 31, 2011. For purposes of this Settlement, a direct purchaser is a person or business who bought an ODD, or an ODD Device directly from one or more of the Defendants, co-conspirators, affiliates, or subsidiaries themselves, as opposed to an intermediary (such as a retail store).
You have the right to know about the litigation and about your legal rights and options before the Court decides whether to approve the Settlement.
The Notice explains the litigation, the Settlement, and your legal rights.
The Court in charge of the case is the United States District Court for the Northern District of California, and the case is called In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143. The people who sued are called Plaintiffs and the companies they sued are called Defendants.
The Defendant companies include: Sony Corporation, Sony Optiarc Inc., NEC Corporation, Sony NEC Optiarc Inc., Sony Optiarc America Inc., Sony Computer Entertainment America, LLC (originally named in the complaint as Sony Computer Entertainment America, Inc.)
The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of ODDs for six years, resulting in overcharges to direct purchasers of those ODDs and certain products containing ODDs. The complaint describes how the Defendants and co-conspirators allegedly violated the U.S. antitrust laws by establishing a global cartel that set artificially high prices for, and restricted the supply of ODDs. Defendants deny Plaintiffs allegations. The Court has not decided who is right. Plaintiffs have filed an amended complaint which excludes certain devices from their claims, including PlayStation videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders ("Excluded Devices"). The Excluded Devices remain a part of the settlement described by this notice.
Only two of the Defendants have agreed to settle the lawsuit - Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively, "HLDS"). LG Electronics, Inc. and Hitachi, Ltd. ("Hitachi"), the parent companies of HLDS, and LG Electronics USA, Inc. (collectively, with LG Electronics, Inc., "LG") are also being released by this Settlement. HLDS, LG, and Hitachi are collectively referred to as Released Defendants. The case is continuing against the remaining Non-Released Defendants except for Sony Computer Entertainment America, LLC. Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen.
For the purposes of the Settlement, "Optical Disk Drives" or "ODDs" are defined to mean any device which reads and/or writes data from and to an optical disk, including but not limited to, CD-ROMS, CD-recordable/rewritable, DVD-ROM, DVD-recordable/rewritable, Blu-Ray, Blu-Ray recordable/rewritable, HD-DVD, Super Multi-Drives and other combination drives, and optical disk drives designed to be attached externally to computers or other devices.
"Optical Disk Drive Devices" or "ODD Devices" shall mean devices incorporating ODDs including but not limited to desktop computers, mobile/laptop computers, videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders.
In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All these people are members of the class, except for those who exclude themselves from the class.
If the Plaintiffs obtain money or benefits as a result of a trial or future settlement, you will be notified about those settlements, if any, at that time. Important information about the case will be posted on the website,
The settlement class includes persons and entities who, between January 1, 2004 and December 31, 2011, directly purchased an ODD or an ODD Device in the United States from any Defendant or subsidiary or affiliate thereof, or any co-conspirator. ("Settlement Class").
The Settlement with HLDS provides for payment of $26,000,000 in cash, plus interest. The Settlement also provides for the production of witnesses. In addition, HLDS, Hitachi, and LG's sales remain in the case for the purpose of computing damages against the remaining Non-Released Defendants. Finally, the Settlement provides that $500,000 of the $26 million Settlement Fund, subject to Court approval, may be used to pay expenses incurred in the litigation for prosecution of the action on behalf of the Settlement Class against Non-Released Defendants.
More details are in the Settlement Agreement, available at
No money will be distributed to any Settlement Class member yet. The lawyers will pursue the lawsuit against the Non-Released Defendants to see if any future settlements or judgments can be obtained in the case and then be distributed together, to reduce expenses.
Any future distribution of the Settlement Funds will be allocated on a pro rata basis. You will be notified in the future when and where to send a claim form. DO NOT SEND ANY CLAIMS NOW.
In the future, the Settlement Funds will be allocated on a pro rata basis based on the dollar value of each class member's purchase(s) of either ODDs or ODD Devices in proportion to the total claims filed. In determining the pro rata allocation of Settlement Funds, purchases of ODDs will be valued at 100% of their purchase price. For purchases of ODD Devices, the pro rata calculation will factor in the proportionate value of the ODD contained in the product. The resulting percentages will be multiplied by the net Settlement Fund (total settlements minus all costs, attorneys' fees, and expenses) to determine each claimant's pro rata share of the Settlement Fund.
To exclude yourself from the Settlement Class, you must send a letter that includes the following:
You must mail your exclusion request, postmarked no later than
Unless you exclude yourself from the Settlement Class, you can't sue the Released Defendants, or be part of any other lawsuit against Released Defendants about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The "Release of Claims" includes any causes of actions asserted or that could have been asserted in the lawsuit, as described more fully in the Settlement Agreement. The Settlement Agreement is available at
The Court will hold a Fairness Hearing at 1:30
No. Interim Lead Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don't have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it's not required.
14. May I speak at the hearing?
If you want your own lawyer instead of Interim Lead Counsel to speak at the Final Approval Hearing, you must give the Court a paper that is called a "Notice of Appearance." The Notice of Appearance should include the name and number of the lawsuit (In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143), and state that you wish to enter an appearance at the Fairness Hearing. It also must include your name, address, telephone number, and signature. Your "Notice of Appearance" must be postmarked no later than
The Notice of Appearance must be sent to the addresses listed in Question 10.
Yes. The Court has appointed the law firm of Saveri & Saveri, Inc. to represent you as "Interim Lead Counsel." You do not have to pay Interim Lead Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
Class Counsel are not asking for attorneys' fees at this time. At a future time, Interim Lead Counsel will ask the Court for attorneys' fees not to exceed one-third (33.3%) of this or any future Settlement Fund plus reimbursement of their costs and expenses, in accordance with the provisions of the Settlement Agreement. Interim Lead Counsel may also request that an amount be paid to each of the Class Representatives who helped the lawyers on behalf of the whole Class.
This Notice summarizes the lawsuit and the Settlement. You can get more information about the lawsuit and Settlement at
BY ORDER OF THE COURT
A settlement has been reached with two defendants in a class action lawsuit involving ODDs and ODD Devices. ODD stands for "Optical Disk Drive." ODDs are any device which reads and/or writes data from and to an optical disk, including but not limited to, CD-ROMS, CD-recordable/rewritable, DVD-ROM, DVD-recordable/rewritable, Blu-Ray, Blu-Ray recordable/rewritable, HD-DVD, Super Multi-Drives and other combination drives, and optical disk drives designed to be attached externally to computers or other devices. "Optical Disk Drive Devices" or -ODD Devices" include desktop computers, mobile/laptop computers, videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders incorporating ODDs. Plaintiffs have filed an amended complaint which excludes certain devices from their claims, including PlayStation videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders ("Excluded Devices"). The Excluded Devices remain a part of the settlement described by this notice.
The lawsuit alleges that Defendants and Co-Conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of ODDs. Plaintiffs further claim that direct purchasers from the Defendants of ODD Devices manufactured by a Defendant may recover for the effect that the alleged ODD conspiracy had on the prices of ODDs and ODD Devices. Plaintiffs allege that, as result of the unlawful conspiracy involving ODDs, they and other direct purchasers paid more for ODDs and ODD Devices than they would have absent the conspiracy. Defendants deny Plaintiffs' claims.
The Settlement includes all persons and entities who, between January 1, 2004 and December 31, 2011, directly purchased an ODD or ODD Device in the United States from any defendant or subsidiary or affiliate thereof. ("Settlement Class").
A Settlement has been reached with Defendants Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively "HLDS"). LG Electronics, Inc., Hitachi, Ltd. (the parent companies of HLDS) and LG Electronics USA, Inc. are also being released by the settlement. The companies are together referred to as the "Released Defendants." A complete list of Defendants is set out in the Long Form of Notice available at www.ODDDirectPurchaserAntitrustSettlement.com.
The Settlement provides for the payment of $26,000,000 in cash, plus interest, to the Settlement Class. The Settlement provides that $500,000 of the Settlement Fund, subject to Court approval, may be used to pay expenses incurred in the litigation for prosecution of the action on behalf of the Class against the non-released Defendants. Released Defendants have agreed to produce witnesses in the case against the remaining non-released Defendants. Money will not be distributed to Settlement Class members at this time. The lawyers will pursue the lawsuit against the other Defendants, to see if any future settlements or judgments can be obtained in the case and then be distributed together, on a pro rata basis based on the value of your ODD purchase, to reduce expenses.
If you wish to remain a member of the Settlement Class you do not need to take any action at this time. If you do not want to be legally bound by the Settlement, you must exclude yourself in writing by July 15, 2013, or you will not be able to sue, or continue to sue, the Released Defendants about the legal claims that were or could have been asserted in this case.
If you wish to comment on or disagree with any aspect of the proposed Settlement, you must do so in writing no later than July 15, 2013. The Settlement Agreement, along with details on how to object to it, is available at www.ODDDirectPurchaserAntitrustSettlement.com. The U.S. District Court for the Northern District of California will hold a Fairness Hearing on September 19, 2013 at 1:30 p.m., at the United States District Courthouse, 450 Golden Gate Avenue, Courtroom 3, 17th floor, San Francisco, California. 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for information.
The Court has appointed the law firm of Saveri & Saveri, Inc. as Interim Lead Class Counsel, to represent Direct Purchaser Class members. The Court will hold a hearing on September 19, 2013 at 1:30 p.m. to consider whether the Settlement is fair, reasonable and adequate. If there are objections or comments, the Court will consider them at that time. You may appear at the hearing, but don't have to. We do not know how long these decisions will take. Please do not contact the Court about this case.
This is the Short Form Notice. For more details, call toll free 1-888-270-0759, visit www.ODDDirectPurchaserAntitrustSettlement.com, or write to ODD Direct Settlement, P.O. Box 6002, Larkspur CA 94977-6002.
1. Why did I get this Notice?
2. Who are the Defendant companies?
3. What is this lawsuit about?
4. Why is there a Settlement, but the litigation is continuing?
5. What are Optical Disk Drives and Optical Disk Drive Products?
6. What is a class action?
7. How do I know if I'm part of the Settlement Class?
8. What does the Settlement provide?
9. When can I get a payment?
10. What are my rights in the Settlement Class?
11. What am I giving up to stay in the Settlement Class?
12. When and where will the Court decide whether to approve the Settlement?
13. Do I have to come to the hearing?
14. May I speak at the hearing?
15. Do I have a lawyer in the case?
16. How will the lawyers be paid?
17. How do I get more information?
You or your company may have directly purchased Optical Disk Drives (ODDs) or Optical Disk Drive Devices (ODD Devices) between January 1, 2004 and December 31, 2011. For purposes of this Settlement, a direct purchaser is a person or business who bought an ODD, or an ODD Device directly from one or more of the Defendants, co-conspirators, affiliates, or subsidiaries themselves, as opposed to an intermediary (such as a retail store).
You have the right to know about the litigation and about your legal rights and options before the Court decides whether to approve the Settlement.
The Notice explains the litigation, the Settlement, and your legal rights.
The Court in charge of the case is the United States District Court for the Northern District of California, and the case is called In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143. The people who sued are called Plaintiffs and the companies they sued are called Defendants.
The Defendant companies include: Sony Corporation, Sony Optiarc Inc., NEC Corporation, Sony NEC Optiarc Inc., Sony Optiarc America Inc., Sony Computer Entertainment America, LLC (originally named in the complaint as Sony Computer Entertainment America, Inc.),
The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of ODDs for six years, resulting in overcharges to direct purchasers of those ODDs and certain products containing ODDs. The complaint describes how the Defendants and co-conspirators allegedly violated the U.S. antitrust laws by establishing a global cartel that set artificially high prices for, and restricted the supply of ODDs. Defendants deny Plaintiffs allegations. The Court has not decided who is right. Plaintiffs have filed an amended complaint which excludes certain devices from their claims, including PlayStation videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders
Only two of the Defendants have agreed to settle the lawsuit — Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively, "HLDS"). LG Electronics, Inc. and Hitachi, Ltd. ("Hitachi"), the parent companies of HLDS, and LG Electronics USA, Inc. (collectively, with LG Electronics, Inc., "LG") are also being released by this Settlement. HLDS, LG, and Hitachi are collectively referred to as Released Defendants. The case is continuing against the remaining Non-Released Defendants except for Sony Computer Entertainment America, LLC. Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen.
For the purposes of the Settlement, "Optical Disk Drives" or "ODDs" are defined to mean any device which reads and/or writes data from and to an optical disk, including but not limited to, CD-ROMS, CDrecordable/rewritable, DVD-ROM, DVD-recordable/rewritable, Blu-Ray, Blu-Ray recordable/rewritable, HD-DVD, Super Multi-Drives and other combination drives, and optical disk drives designed to be attached externally to computers or other devices.
"Optical Disk Drive Devices" or "ODD Devices" shall mean devices incorporating ODDs including but not limited to desktop computers, mobile/laptop computers, videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders.
In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All these people are members of the class, except for those who exclude themselves from the class.
If the Plaintiffs obtain money or benefits as a result of a trial or future settlement, you will be notified about those settlements, if any, at that time. Important information about the case will be posted on the website,
The settlement class includes persons and entities who, between January 1, 2004 and December 31, 2011, directly purchased an ODD or an ODD Device in the United States from any Defendant or subsidiary or affiliate thereof, or any co-conspirator. ("Settlement Class").
The Settlement with HLDS provides for payment of $26,000,000 in cash, plus interest. The Settlement also provides for the production of witnesses. In addition, HLDS, Hitachi, and LG's sales remain in the case for the purpose of computing damages against the remaining Non-Released Defendants. Finally, the Settlement provides that $500,000 of the $26 million Settlement Fund, subject to Court approval, may be used to pay expenses incurred in the litigation for prosecution of the action on behalf of the Settlement Class against Non-Released Defendants.
No money will be distributed to any Settlement Class member yet. The lawyers will pursue the lawsuit against the Non-Released Defendants to see if any future settlements or judgments can be obtained in the case and then be distributed together, to reduce expenses.
Any future distribution of the Settlement Funds will be allocated on a pro rata basis. You will be notified in the future when and where to send a claim form. DO NOT SEND ANY CLAIMS NOW.
In the future, the Settlement Funds will be allocated on a pro rata basis based on the dollar value of each class member's purchase(s) of either ODDs or ODD Devices in proportion to the total claims filed. In determining the pro rata allocation of Settlement Funds, purchases of ODDs will be valued at 100% of their purchase price. For purchases of ODD Devices, the pro rata calculation will factor in the proportionate value of the ODD contained in the product. The resulting percentages will be multiplied by the net Settlement Fund (total settlements minus all costs, attorneys' fees, and expenses) to determine each claimant's pro rata share of the Settlement Fund.
To exclude yourself from the Settlement Class, you must send a letter that includes the following:
You must mail your exclusion request, postmarked no later than
Unless you exclude yourself from the Settlement Class, you can't sue the Released Defendants, or be part of any other lawsuit against Released Defendants about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The "Release of Claims" includes any causes of actions asserted or that could have been asserted in the lawsuit, as described more fully in the Settlement Agreement. The Settlement Agreement is available at
The Court will hold a Fairness Hearing at
No. Interim Lead Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don't have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it's not required.
If you want your own lawyer instead of Interim Lead Counsel to speak at the Final Approval Hearing, you must give the Court a paper that is called a "Notice of Appearance." The Notice of Appearance should include the name and number of the lawsuit (In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143), and state that you wish to enter an appearance at the Fairness Hearing. It also must include your name, address, telephone number, and signature. Your "Notice of Appearance" must be postmarked no later than
The Notice of Appearance must be sent to the addresses listed in Question 10.
Yes. The Court has appointed the law firm of Saveri & Saveri, Inc. to represent you as "Interim Lead Counsel." You do not have to pay Interim Lead Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
Class Counsel are not asking for attorneys' fees at this time. At a future time, Interim Lead Counsel will ask the Court for attorneys' fees not to exceed one-third (33.3%) of this or any future Settlement Fund plus reimbursement of their costs and expenses, in accordance with the provisions of the Settlement Agreement. Interim Lead Counsel may also request that an amount be paid to each of the Class Representatives who helped the lawyers on behalf of the whole Class.
This Notice summarizes the lawsuit and the Settlement. You can get more information about the lawsuit and Settlement at
BY ORDER OF THE COURT
A settlement has been reached with two defendants in a class action lawsuit involving ODDs and ODD Devices. ODD stands for "Optical Disk Drive." ODDs are any device which reads and/or writes data from and to an optical disk, including but not limited to, CD-ROMS, CD-recordable/rewritable, DVD-ROM, DVD-recordable/rewritable, Blu-Ray, Blu-Ray recordable/rewritable, HD-DVD, Super Multi-Drives and other combination drives, and optical disk drives designed to be attached externally to computers or other devices. "Optical Disk Drive Devices" or "ODD Devices" include desktop computers, mobile/laptop computers, videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders incorporating ODDs. Plaintiffs have filed an amended complaint which excludes certain devices from their claims, including PlayStation videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders
The lawsuit alleges that Defendants and Co-Conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of ODDs. Plaintiffs further claim that direct purchasers from the Defendants of ODD Devices manufactured by a Defendant may recover for the effect that the alleged ODD conspiracy had on the prices of ODDs and ODD Devices. Plaintiffs allege that, as result of the unlawful conspiracy involving ODDs, they and other direct purchasers paid more for ODDs and ODD Devices than they would have absent the conspiracy. Defendants deny Plaintiffs' claims.
The Settlement includes all persons and entities who, between January 1, 2004 and December 31, 2011, directly purchased an ODD or ODD Device in the United States from any defendant or subsidiary or affiliate thereof. ("Settlement Class").
A Settlement has been reached with Defendants Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively "HLDS"). LG Electronics, Inc., Hitachi, Ltd. (the parent companies of HLDS) and LG Electronics USA, Inc. are also being released by the settlement. The companies are together referred to as the "Released Defendants." A complete list of Defendants is set out in the Long Form of Notice available at www.ODDDirectPurchaserAntitrustSettlement.com.
The Settlement provides for the payment of $26,000,000 in cash, plus interest, to the Settlement Class. The Settlement provides that $500,000 of the Settlement Fund, subject to Court approval, may be used to pay expenses incurred in the litigation for prosecution of the action on behalf of the Class against the non-released Defendants. Released Defendants have agreed to produce witnesses in the case against the remaining non-released Defendants. Money will not be distributed to Settlement Class members at this time. The lawyers will pursue the lawsuit against the other Defendants, to see if any future settlements or judgments can be obtained in the case and then be distributed together, on a pro rata basis based on the value of your ODD purchase, to reduce expenses.
If you wish to remain a member of the Settlement Class you do not need to take any action at this time. If you do not want to be legally bound by the Settlement, you must exclude yourself in writing by July 15, 2013, or you will not be able to sue, or continue to sue, the Released Defendants about the legal claims that were or could have been asserted in this case.
If you wish to comment on or disagree with any aspect of the proposed Settlement, you must do so in writing no later than July 15, 2013. The Settlement Agreement, along with details on how to object to it, is available at www.ODDDirectPurchaserAntitrustSettlement.com. The U.S. District Court for the Northern District of California will hold a Fairness Hearing on September 19, 2013 at 1:30 p.m., at the United States District Courthouse, 450 Golden Gate Avenue, Courtroom 3, 17th floor, San Francisco, California, 94102.
The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for information.
The Court has appointed the law firm of Saveri & Saveri, Inc. as Interim Lead Class Counsel, to represent Direct Purchaser Class members. The Court will hold a hearing on September 19, 2013 at 1:30 p.m. to consider whether the Settlement is fair, reasonable and adequate. If there are objections or comments, the Court will consider them at that time. You may appear at the hearing, but don't have to. We do not know how long these decisions will take. Please do not contact the Court about this case.
This is the Short Form Notice. For more details, call toll free 1-888-270-0759, visit www.ODDDirectPurchaserAntitrustSettlement.com, or write to ODD Direct Settlement, P.O. Box 6002, Larkspur CA 94977-6002.
