Notice of Proposed Settlement of HP InkJet Litigation - Reference #34416478
NOTICE OF SETTLEMENT
If you purchased a HP inkjet printer, you may benefit from a Proposed Class Action Settlement.
READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE CHECK THE SETTLEMENT WEBSITE AT www.HPInkjetPrinterSettlement.com REGULARLY FOR UPDATES AND FURTHER DETAILS
The Federal Court authorized this Notice. This is not a solicitation from a lawyer.
• A Proposed Settlement has been reached in three class action lawsuits involving certain HP printers. The first lawsuit (Ciolino) claims that certain HP inkjet printers used "low on ink" messaging technology to indicate that replacement of a cartridge is needed when the cartridge is not empty and is capable of additional printing, and that this technology confused customers into prematurely replacing their inkjet cartridges. The second lawsuit (Rich) claims that certain HP color inkjet printers used color ink in addition to black ink when printing black text and images without disclosing this to consumers and without providing consumers with the
option of disabling this feature, that HP misrepresented and/or failed to disclose the actual page yield for the products at issue (including the true basis for the page yield and cost per page information pro vided to consumers), and that HP failed to disclose its use of color ink when printing black in connection with stating its page yields. The third lawsuit (Blennis) claims that HP designed certain inkjet printers and cartridges to shut down on an undisclosed expiration date, and that at this point consumers are prevented from using any ink remaining in the expired cartridge and from using all of the printer's functions until the expired cartridge is replaced. HP denies all these claims.
The Court did not rule in favor of either party. Instead, the parties agreed to a Proposed Settlement in order to avoid the expense and risks of continuing the lawsuit.
• Your legal rights may be affected whether you act or do not act. Read this notice carefully.
• If you are eligible, the Proposed Settlement may provide an e-credit for future purchases of printers and printer supplies offered at www.shopping.hp.com. Any e-credits received as part of the settlement can only be used at www.shopping.hp.com.
• You are a Class Member if you purchased or received as a gift in the United States an HP printer that is listed here during the period of September 6, 2001, to September 1, 2010. See questions 5-6 for further information
• You are not part of the class if you: (a) did not purchase or receive as a gift a printer listed here; (b) are an employee, director, officer, or agent of HP or its subsidiaries and affiliated companies; or (c) are a Judge of the Court in which the Action is pending or part of their immediate family and staff. See question 7.
YOUR RIGHTS AND CHOICES:
YOU MAY: DUE DATE:
FILE A CLAIM FORM This is the only way that you may get an e-credit. By February 15, 2011
OBJECT Write to the Court about why you don't like the Proposed Settlement. By January 3, 2011
EXCLUDE
YOURSELF Ask to get out of the Proposed Settlement. If you do this, you cannot get any Settlement benefits, but you keep your right to sue HP yourself regarding the claims in the lawsuits. By January 3, 2011
APPEAR IN THE LAWSUIT OR GO TO A HEARING Participate in the Proposed Settlement on your own or through your own lawyer. You can also ask to speak in Court about the Proposed Settlement. By January 28, 2011
DO NOTHING You get no individual monetary settlement benefits and you give up the right to sue HP on your own regarding the claims later.
• These rights and choices - and the deadlines to exercise them - are further explained in this Notice.
• These deadlines may be moved, cancelled or otherwise modified, so please check the settlement website at www.HPInkjetPrinterSettlement.com regularly for updates and further details.
• The Court still has to decide whether to approve the Proposed Settlement. Benefits will be provided only if the Court approves the Proposed Settlement and after any appeals are resolved.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION
1. Why did I get this Notice?
2. What are the lawsuits about?
3. Why is this a class action?
4. Why is there a Proposed Settlement?
WHO IS IN THE PROPOSED SETTLEMENT CLASS
5. How do I know if I'm part of the Proposed Settlement Class?
6. How do I know if my printer is one of the models covered by the Proposed Settlement?
7. Are there exceptions to being included?
THE PROPOSED SETTLEMENT BENEFITS - WHAT YOU MAY GET
8. What does the Proposed Settlement provide?
9. What are e-credits and what can I use them for?
10. What am I giving up to stay in the Class?
HOW TO GET PROPOSED SETTLEMENT BENEFITS
11. How do I get an e-credit?
12. When will I get my Proposed Settlement benefits?
YOUR RIGHTS AND CHOICES - EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT
13. Can I get out of the Proposed Settlement and the Class?
14. How do I exclude myself from the Proposed Settlement?
15. If I don't exclude myself, can I still sue HP for the same things later?
16. If I exclude myself, can I get benefits from the Proposed Settlement?
YOUR RIGHTS AND CHOICES - OBJECTING TO THE PROPOSED SETTLEMENT
17. How do I tell the Court I don't like the Proposed Settlement?
18. What's the difference between objecting to the Proposed Settlement and excluding myself from the Proposed Settlement?
YOUR RIGHTS AND CHOICES - APPEARING IN THE LAWSUIT
19. Can I appear or speak in this lawsuit and Proposed Settlement?
20. How can I appear in this lawsuit?
IF YOU DO NOTHING
21. What happens if I do nothing at all?
THE LAWYERS REPRESENTING YOU
22. Do I have a lawyer in this case?
23. How much will the lawyers for the Class be paid, and how will they be paid?
THE COURT'S FAIRNESS HEARING
24. When and where will the Court decide whether to approve the Proposed Settlement?
25. Do I have to come to the hearing?
26. Can I speak at the hearing?
GETTING MORE INFORMATION
27. Are more details about the lawsuit and Proposed Settlement available?
28. How do I get more information?
BASIC INFORMATION
1. Why did I get this Notice?
The Court ordered that this Notice be given because you have the right to know about a Proposed Settlement that may affect you. You have legal rights and choices to make before the Court decides whether to approve the Proposed Settlement.
This Notice explains:
• What the lawsuits are about.
• Who is included in the Proposed Settlement.
• How the Proposed Settlement may benefit you.
• What your legal rights are.
• How to get the benefits of the Proposed Settlement.
2. What are the lawsuits about?
This lawsuit is a combination of three separate class action lawsuits filed against HP. The first lawsuit (Ciolino) claims that HP sold certain inkjet printers that provide "low on ink" messages with accompanying graphics that suggest to consumers that replacement of a cartridge is needed when the cartridge is not empty and is capable of additional printing, that the messages and graphics misled and confused customers into prematurely replacing their inkjet cartridges, and that HP's "SureSupply" program and related marketing materials were deceptive and misleading. This lawsuit claims that consumers were thus deprived of the ability to use all of the ink in their HP inkjet cartridges and that consumers did not get the full value of what they paid for and were promised.
The second lawsuit (Rich) claims that HP failed to disclose to consumers that certain HP color inkjet printers may use color ink in addition to black ink when printing black text and images and without providing consumers with the option of printing black text and images using ink from the black inkjet cartridge only. This lawsuit further claims that HP published and made representations regarding the page yield specifications for its inkjet printers and cartridges but misrepresented and/or failed to disclose the actual page yield customers would receive for the products at issue, including the true basis for the page yield and cost per page information provided to consumers. This lawsuit further claims that HP failed to disclose its use of color ink when printing black in connection with stating its page yields for color inkjet printers and cartridges, thereby increasing the actual costs of printing black text and images.
The third lawsuit (Blennis) claims that HP designed certain of its inkjet printers and cartridges to shut down on an undisclosed expiration date, at which point consumers are prevented from using the ink that remains in the expired cartridge and from using all of the printer's functions including scanning or faxing documents until the expired cartridge is replaced. The lawsuit also claimed that HP failed to disclose and/or actively concealed information regarding its use of expiration dates in certain of its inkjet printers and cartridges, and that HP interfered with the right of plaintiffs and the class members to possess and use all of the ink in the HP inkjet cartridges that they purchased.
HP denies all these claims. The Court in charge of this lawsuit is the United States District Court for the Northern District of California. All three actions are now combined as one lawsuit called In re: HP Inkjet Printer Litigation, Case No. C05-3580 JF.
3. Why is this a class action?
In a class action, one or more people, called Class Representatives, sue on behalf of other people who have similar claims. All these people together are a "Class" or "Class Members." One Court decides all the issues in the lawsuit for all Class Members, except for those who exclude themselves from the Class. In a class action, the court has a responsibility to assure that prosecution and resolution of the class claims by the Class Representatives and class counsel is fair. In this lawsuit, the Class Representatives are asking the Court to decide the issues for all purchasers of certain HP inkjet printers.
4. Why is there a Proposed Settlement?
The Court did not rule in favor of either party. Instead, the parties agreed to a Proposed Settlement in order to avoid the expense and risks of continuing the lawsuits. The Class Representatives and the attorneys think the Settlement is best for all Class Members.
WHO IS IN THE PROPOSED SETTLEMENT CLASS
5. How do I know if I'm part of the Proposed Settlement Class?
You are a Class Member if you purchased or received as a gift an Affected Printer Model on the list posted on the settlement website, located here.
You must have purchased the printer for your own use or received it as a gift in the United States (and not for resale or distribution) during the period of September 6, 2001 to September 1, 2010.
6. How do I know if my printer is one of the models covered by the Proposed Settlement?
You can check to see if your HP printer is at issue in this settlement by reviewing the list posted on the settlement website, located here. You may find the printer model number by looking in the following areas on your printer: (a) looking on the front panel of the printer for the model name and number; (b) looking on the top of the printer; (c) looking on the underside of the printer; (d) opening the cartridge access door and looking near the cartridges; or (e) using HP's automatic product-detection tool. If you have any trouble finding the model name and number you can visit the Proposed Settlement website at www.HPInkjetPrinterSettlement.com for further instructions.
7. Are there exceptions to being included?
You are not part of the Class if your printer model is not listed here. In addition, all persons who are employees, directors, officers and agents of HP or its subsidiaries and affiliated companies, as well as the Judges of the Court in which the Action is pending and their immediate family and staff, are also excluded.
THE PROPOSED SETTLEMENT BENEFITS - WHAT YOU MAY GET
8. What does the Proposed Settlement provide?
The Proposed Settlement provides for a number of significant benefits, including HP's agreement to discontinue the use of certain pop-up messaging that includes the graphic image of an ink gauge, ruler, or container of ink, and to make certain changes to the disclosures on its website and the packaging, manuals and/or user interfaces for HP small-format inkjet printers. These changes include the following: (1) HP will incorporate disclosures into its website, user manuals, and/or user interfaces explaining that HP's low-on-ink messages are based on estimated ink levels and that actual ink levels may vary, and that the user does not have to replace a print cartridge when a low-on-ink message is received but rather may continue printing until the user is not satisfied with the print quality of the printed material or, if applicable, when the user reaches a "replace cartridge" message; (2) HP will incorporate on its website and/or user manuals disclosures regarding underprinting including a description of what underprinting is, why it is used, and some of the options for disabling or minimizing the use of underprinting, and disclosures regarding page yields including a summary of HP's ISO testing for page yields and an explanation that actual yield varies depending on the content of printed pages and other factors; and (3) HP will incorporate disclosures into its website and/or product packaging regarding ink expiration, the inkjet printers and cartridges that are subject to ink expiration, why HP employs ink expiration dates for certain printer models and how that date is determined, and how ink expiration works. The specific injunctive relief agreed to between the parties can be found in the Settlement Stipulation filed with the Court and located on the settlement website, www.HPInkjetPrinterSettlement.com.
HP also will contribute up to $5,000,000 in e-credits to be distributed to class members who purchased or received as a gift in the United States a printer listed here and who satisfy the eligibility requirements set forth below. If the aggregate value of the e-credits to be awarded to class members exceeds $5,000,000, then the value of the individual e-credits to be provided to each class member shall be reduced on a pro rata basis, such that the aggregate value of e-credits does not exceed $5,000,000. For example and by way of illustration only, if the aggregate value of the total number of e-credits redeemed by class members is $10,000,000, then the value of each e-credit shall be reduced in value by fifty per cent (50%) to ensure that the aggregate value of the total number of e-credits awarded does not exceed $5,000,000. Accordingly, the parties will not know the exact value of each e-credit until after all claim forms have been received and validated by the Settlement Administrator. The values below ($5, $2, $6) are the maximum amounts a class member could receive assuming there is no pro rata reduction in the value of the e-credits based upon the number of claim forms received. The categories of benefits are as follows:
A. You may receive up to a $5.00 e-credit if you:
(1) Purchased or received as a gift a printer listed here and there is a mark in the "Affected Ciolino Model" column;
(2) Properly complete the required electronic claim form; and
(3) Submit a signed attestation form in which you certify, under penalty of perjury, that you: (a) received a low-on-ink message; (b) believed that you were out of ink as a result of the low-on-ink message you received; and (c) removed the inkjet cartridge upon receiving the low-on-ink message without using the remaining ink.
B. You may receive up to a $2.00 e-credit if you:
(1) Purchased or received as a gift a printer listed here and there is a mark in the "Affected Rich Model" column; and
(2) Properly complete the required electronic claim form.
C. You may receive up to a $6.00 e-credit if you:
(1) Purchased or received as a gift a printer listed here and there is a mark in the "Affected Blennis Model" column;
(2) Properly complete the required electronic claim form; and
(3) Submit a signed attestation form in which you certify, under penalty of perjury, that you purchased an inkjet cartridge for your printer that reached the Ink Expiration date before the cartridge had been fully used.
You need to complete an electronic claim form for each affected printer.
When completing the electronic claim form on the settlement website at www.HPInkjetPrinterSettlement.com, you will be required to provide your name, e-mail address, reference number included in the subject line of this e-mail (if you received this notice by e-mail), and a serial number for each printer that you own that you claim is an Affected Printer. If you do not have a serial number, you must submit to the Settlement Administrator some other proof of purchase (a receipt, invoice, purchase order, and/or the UPC bar code from the printer package, or similar documentation that reflects the eligible purchase). In addition, you may need to submit a signed attestation form as set forth above to complete the submission of your claim form.
9. What are e-credits and what can I use them for?
E-credits can be redeemed for printers and printer supplies only online at www.shopping.hp.com. E-credits may not be used in combination with other rebates or coupons for HP products, and only one e-credit may be used per purchase order. If you are eligible to receive multiple e-credits for a single printer, those e-credits will be combined into a single e-credit for your use. E-credits received for multiple different printers will not be combined into a single e-credit. An e-credit may be used only once. E-credits are valid for six months from the date of issuance and can be transferred to members of your immediate family only. The specific products eligible for purchase will be determined at a later date.
10. What am I giving up to stay in the Class?
If you do not exclude yourself from the Class, then you are automatically in the Class if you own one of the printers listed here. If you stay in the Class, you can't sue or be part of any other lawsuit against HP about the claims in this lawsuit, as set forth below. In addition, if you stay in the Class, all the Court's orders will apply to you.
By staying in the Class, you become a Settlement Class Member and you are agreeing to fully, finally and forever release, relinquish, and discharge any current or future claims you might have against HP that relate to the claims in this lawsuit. The entire release contained in the Proposed Settlement Agreement is set forth below:
"Released Parties" means: (a) HP and each of its employees, assigns, attorneys, agents, and all of its past, present, and future officers and directors; (b) All of HP's parents, subsidiaries, divisions, affiliates, predecessors, and successors, and each of their respective employees, assigns, attorneys, agents, resellers and past, present and future officers and directors; and (c) Any and all persons, entities, or corporations involved in any way in the design, manufacture, sale, service, or repair of the Affected Models or their corresponding print cartridges, and any other original equipment or manufacturing partner or any company that supplied any parts to HP or its original equipment or manufacturing partners for incorporation into or use in the construction of any of the Affected Models or their corresponding print cartridges.
"Released Claims" means and includes any and all claims, demands, rights, damages, obligations, suits, debts, liens, and causes of action of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, including unknown claims as of the Effective Date[1] by all of the Plaintiffs and all Settlement Class Members (and Plaintiffs' and Settlement Class Members' respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, and assigns) that:
(i) were brought or that could have been brought against the Released Parties (as defined above), or any of them, and that arise out of or are related in any way to any or all of the acts, omissions, facts, matters, transactions, or occurrences that were or could have been directly or indirectly alleged or referred to in the Action (including, but not limited to, alleged violations of state consumer protection, unfair competition, and/or false or deceptive advertising statutes (including, but not limited to, Cal. Bus. & Prof. Code § 17200 et seq., Cal. Bus. & Prof. Code § 17500 et seq., and Cal. Civ. Code § 1750 et seq.); breach of contract; breach of express or implied warranty; fraud; unjust enrichment, restitution, trespass, conversion, declaratory or injunctive relief, and other equitable claims or claims sounding in contract and tort); and
(ii) relate in any way to the quantity of output, amount of usable ink or value received from the Affected Models and their corresponding inkjet cartridges, including but not limited to all claims that relate in any way to:
(A) the end-of-life or out-of-ink behavior or messages of the Affected Models and their corresponding inkjet cartridges;
(B) HP's use of smart chips or other devices that electronically store data in connection with the Affected Models and their corresponding inkjet cartridges;
(C) HP's use of LOI Messages or any other representations concerning the status of the ink remaining in an inkjet cartridge, including the amount of ink or number of pages remaining, in connection with the Affected Models and their corresponding inkjet cartridges;
(D) HP's use of Ink Expiration dates in connection with the Affected Models and their corresponding inkjet cartridges;
(E) HP's use of Underprinting in connection with the Affected Models and their corresponding inkjet cartridges;
(F) HP's Page Yields for the Affected Models and their corresponding inkjet cartridges;
(G) the quantity and other characteristics of printed output from the Affected Models and their corresponding inkjet cartridges;
(H) the amount of usable ink in the HP inkjet cartridges used with the Affected Models;
(I) HP's SureSupply program as it relates to ink status graphics and messaging and related marketing materials; and
(J) HP's specifications, marketing, disclosures, warranties, and representations (or lack thereof) regarding the quantity of output, amount of usable ink, or value of ink received from the Affected Models and their corresponding inkjet cartridges.
"Released Claims" do not include: (i) claims for personal injury; or (ii) claims for repair or service of Affected Models that, at the time of the Effective Date, are covered by any express product warranty by HP.
The Released Claims include known and unknown claims relating to the Action, and this Stipulation of Settlement is expressly intended to cover and include all such injuries or damages, including all rights of action thereunder. Settlement Class Members hereby expressly, knowingly, and voluntarily waive the provisions of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Settlement Class Members expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. In connection with such waiver and relinquishment, the Settlement Class Members hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims known or unknown, suspected or unsuspected, that they have against the Released Parties. In furtherance of such intention, the release herein given by the Settlement Class Members to the Released Parties shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Each of the parties expressly acknowledges that it has been advised by its attorney of the contents and effect of Section 1542, and with knowledge, each of the parties hereby expressly waives whatever benefits it may have had pursuant to such section. Settlement Class Members are not releasing any claims for personal injury or any claims for repair or service of Affected Models that are, at the time of the Effective Date, covered by any express product warranty by HP. Plaintiffs acknowledge, and the Settlement Class Members shall be deemed by operation of the Final Judgment to have acknowledged, that the foregoing waiver was separately bargained for and is a material element of the Settlement of which this release is a part.
HOW TO GET PROPOSED SETTLEMENT BENEFITS
11. How do I get an e-credit?
To obtain your e-credit, you must complete an electronic claim form (and, if instructed to do so, submit proof of purchase and/or an attestation form) at www.HPInkjetPrinterSettlement.com by February 15, 2011.
12. When will I get my Proposed Settlement benefits?
Settlement benefits will be available only after the Proposed Settlement is approved and becomes final. The Court will hold a hearing on January 28, 2011, to decide whether to approve the Proposed Settlement. If the Court approves the Proposed Settlement, there may be appeals, and the Proposed Settlement can't become final until all appeals are resolved. It is always uncertain how long appeals will take - they can take many months or longer. You should check the settlement website at www.HPInkjetPrinterSettlement.com for updates on the status of the Proposed Settlement and applicable deadlines. Please be patient. Furthermore, please be aware that the parties will not know the exact value of each e-credit until after all claim forms have been received and validated by the Settlement Administrator.
YOUR RIGHTS AND CHOICES - EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT
13. Can I get out of the Proposed Settlement and the Class?
You can get out of the Proposed Settlement and the Class. This is called excluding yourself - or is sometimes referred to as "opting out" of the Settlement Class. If you exclude yourself, you can't get Proposed Settlement benefits and you can't object to the Proposed Settlement. But you keep the right to file your own lawsuit or join another lawsuit against HP about the claims in this lawsuit.
14. How do I exclude myself from the Proposed Settlement?
To exclude yourself, you must send by fax, U.S. Mail, or e-mail a letter that contains all of the following:
• Your name, current address and telephone number;
• A statement that you want to be excluded from the case In re: HP Inkjet Printer Litigation, Case No. C05-3580 JF, that you do not wish to be a Settlement Class Member, and that you want to be excluded from any judgment entered in this case; and
• Your signature (or your lawyer's signature).
Your exclusion request must be signed, mailed, faxed or e-mailed, and postmarked, or the equivalent for fax or e-mail, by January 3, 2011, to:
HP Inkjet Settlement Administrator
P.O. Box 5270
Portland, OR 97208-5270
Facsimile: 877-341-4607
E-Mail: info@HPInkJetPrinterSettlement.com
You cannot exclude yourself on the phone.
15. If I don't exclude myself, can I still sue HP for the same things later?
No. Unless you exclude yourself, you give up the right to sue HP for the claims in this lawsuit. If you want to keep the right to sue HP in a new lawsuit, you have to exclude yourself from this Class and Proposed Settlement. Remember, any exclusion request must be signed, mailed, faxed, or e-mailed, and postmarked (or the equivalent for fax or e-mail) by January 3, 2011.
16. If I exclude myself, can I get any benefits from this Proposed Settlement?
No. If you exclude yourself, you can't get any Proposed Settlement benefits.
YOUR RIGHTS AND CHOICES - OBJECTING TO THE PROPOSED SETTLEMENT
17. How do I tell the Court I don't like the Proposed Settlement?
If you're a Class Member and don't exclude yourself, you can tell the Court you don't like the Proposed Settlement or some part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.
To object, you must send a written objection by fax, U.S. mail, or e-mail setting forth your full name, current address, and telephone number to the Settlement Administrator and send by U.S. mail or e-mail a copy to Class Counsel and Defense Counsel postmarked no later than January 3, 2011. Please use the following addresses:
Settlement Administrator
HP Inkjet Settlement Administrator
P.O. Box 5270
Portland, OR 97208-5270
Facsimile: 877-341-4607
E-Mail: info@HPInkjetPrinterSettlement.com
Counsel for the Class:
Niall P. McCarthy
Justin T. Berger
COTCHETT, PITRE & McCARTHY
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000 begin_of_the_skype_highlighting (650) 697-6000 end_of_the_skype_highlighting
jberger@cpmlegal.com
Brian S. Kabateck
Richard L. Kellner
Alfredo Torrijos
KABATECK BROWN KELLNER LLP
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 217-5000 begin_of_the_skype_highlighting (213) 217-5000 end_of_the_skype_highlighting
at@kbklawyers.com
Counsel for HP:
Samuel G. Liversidge
Christopher Chorba
Dhananjay S. Manthripragada
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
DManthripragada@gibsondunn.com
You must also state in writing all objections and the reasons for each objection, and state whether you intend to appear at the Fairness Hearing either with or without separate counsel. You shall not be entitled to be heard at the Fairness Hearing or to object to the Settlement, and no written objections or briefs submitted by you shall be received or considered by the Court at the Fairness Hearing, unless written notice of your intention to appear at the Fairness Hearing and copies of any written objections and/or briefs are filed with the Court and served on Class Counsel and Defense Counsel on or before January 3, 2011. If you fail to file and serve timely written objections in the manner specified above, you shall be deemed to have waived all objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement.
If you object through a lawyer, you will have to pay for the lawyer yourself.
18. What's the difference between objecting to the Proposed Settlement and excluding myself from the Proposed Settlement?
Objecting is the way to tell the Court what you don't like about the Proposed Settlement. You can object only if you stay in the Class and don't exclude yourself.
Excluding yourself is the way to tell the Court you do not want to be a part of the Class and the Proposed Settlement, and that you want to keep the right to file your own lawsuit. If you exclude yourself, you cannot object because the Proposed Settlement no longer will affect you.
YOUR RIGHTS AND CHOICES - APPEARING IN THE LAWSUIT
19. Can I appear or speak in this lawsuit and Proposed Settlement?
As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Proposed Settlement. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself.
20. How can I appear in this lawsuit?
If you want to participate (or have your own lawyer instead of Class Counsel participate or speak for you) in this lawsuit, you must give the Court a paper that is titled a "Notice of Appearance." The Notice of Appearance must contain the title of the lawsuit, a statement that you wish to appear at the Fairness Hearing, and the signature of you or your lawyer.
Your Notice of Appearance can also state that you or your lawyer would like to speak at the Court's Fairness Hearing on the Proposed Settlement. If you submit an objection (see question 17) and would like to speak about the objection at the Court's Fairness Hearing, both your Notice of Appearance and your objection should include that information too.
Your Notice of Appearance must be signed, mailed and postmarked by January 3, 2011, to the Court at:
Clerk of Court
U.S. District Court
Northern District of California
280 South First Street
Room 2112
San Jose, CA 95113
Copies of your Notice of Appearance must also be signed, mailed, e-mailed, or faxed and postmarked, or the equivalent for e-mail and facsimile, by January 3, 2011, to the same addresses appearing in question 17.
IF YOU DO NOTHING
21. What happens if I do nothing at all?
If you do nothing:
• You will stay a member of the Class and all of the Court's orders will apply to you.
• You will not get an e-credit. You will only be eligible to receive e-credits under the Settlement if you complete an electronic claim form with appropriate information.
• You won't be able to sue, or join a new lawsuit against HP, about the issues and claims in this lawsuit, ever again, unless you exclude yourself.
THE LAWYERS REPRESENTING YOU
22. Do I have a lawyer in this case?
Yes. The Court has appointed lawyers to represent you and all Class Members. The Court has appointed the following law firms to represent the Class:
Cotchett, Pitre & McCarthy
San Francisco Airport Office
Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
(650) 697-6000 begin_of_the_skype_highlighting (650) 697-6000 end_of_the_skype_highlighting
Chavez & Gertler LLP
42 Miller Avenue
Mill Valley, CA 94941
(415) 381-5599 begin_of_the_skype_highlighting (415) 381-5599 end_of_the_skype_highlighting
The Garcia Law Firm
One World Trade Center
Suite 1950
Long Beach, CA 90831
(562) 216-5270 begin_of_the_skype_highlighting (562) 216-5270 end_of_the_skype_highlighting
McNicholas & McNicholas, LLP
10866 Wilshire Boulevard
Suite 1400
Los Angeles, CA 90024
(310) 694-5027 begin_of_the_skype_highlighting (310) 694-5027 end_of_the_skype_highlighting Kabateck Brown Kellner, LLP
Engine Company No. 28 Building
644 South Figueroa Street
Los Angeles, CA 90017
(213) 217-5000 begin_of_the_skype_highlighting (213) 217-5000 end_of_the_skype_highlighting
Cuneo, Waldman & Gilbert, LLC
507 C Street NE
Washington, DC 20002
(202) 789-3960 begin_of_the_skype_highlighting (202) 789-3960 end_of_the_skype_highlighting
Law Offices of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
(650) 685-8085 begin_of_the_skype_highlighting (650) 685-8085 end_of_the_skype_highlighting
Pearson, Simon, Soter, Warshaw
& Penny, LLP
15165 Ventura Boulevard
Suite 400
Los Angeles, CA 91403
(818) 788-8300 begin_of_the_skype_highlighting (818) 788-8300 end_of_the_skype_highlighting Berk Law PLLC
1225 15th Street NW
Washington, DC 20002
(202) 232-7500 begin_of_the_skype_highlighting (202) 232-7500 end_of_the_skype_highlighting
Edelson & Associates, LLC
45 West Court Street
Doylestown, PA 18901
(215) 230-8043 begin_of_the_skype_highlighting (215) 230-8043 end_of_the_skype_highlighting
Law Offices of Scott E. Shapiro, P.C.
17337 Ventura Boulevard # 200
Encino, CA 91316
(818) 990-0706 begin_of_the_skype_highlighting (818) 990-0706 end_of_the_skype_highlighting
Seeger Weiss, LLP
One William Street
New York, NY 10004
(212) 584-0700 begin_of_the_skype_highlighting (212) 584-0700 end_of_the_skype_highlighting
Together, these lawyers are called Class Counsel. You will not be charged for these lawyers.
23. How much will lawyers for the Class Counsel be paid and how will they be paid?
Class Counsel will ask the Court to approve payment of attorneys' fees and expenses of no more than $2,900,000. Class Counsel also will ask the Court to award the six named class representatives $1,000 each. Class Counsel will file their Fee Application with the Court on or before November 29, 2010. HP will pay the amounts awarded by the Court. The Proposed Settlement benefits won't be reduced by HP's payment of Class Counsel's attorneys' fees and expenses.
THE COURT'S FAIRNESS HEARING
24. When and where will the Court decide whether to approve the Proposed Settlement?
The Court will hold a Fairness Hearing at 9:00 a.m. on January 28, 2011. This hearing date may be moved, cancelled or otherwise modified, so please check the settlement website at www.HPInkjetPrinterSettlement.com regularly for further details. The Court is located at 280 South First Street, San Jose, CA 95113. At this hearing, the Judge will consider all objections, if any, and will consider whether the Proposed Settlement is fair, reasonable, and adequate to the Class. The Judge will listen to people who have asked to speak at the hearing. The Judge may also decide how much to award to Class Counsel for their fees and expenses. At or after the hearing, the Judge will decide whether to approve the Proposed Settlement. We do not know how long these decisions will take.
25. Do I have to come to the hearing?
You don't have to come to the hearing. Class Counsel will answer questions the Court has. But you and/or your lawyer are welcome to come at your own expense. If you send an objection, you don't have to come to the hearing for the Judge to consider it.
26. Can I speak at the hearing?
You can ask the Court to allow you (or your lawyer) to speak at the hearing. To do so, you or your lawyer must file a Notice of Appearance that says you wish to speak. You can find how to file a Notice of Appearance, and the due date for filing, in question 20 in this Notice. If you submit an objection and wish to speak about it at the Fairness Hearing, you must include that information in your objection (see question 17).
You cannot speak at the hearing if you exclude yourself.
GETTING MORE INFORMATION
27. Are more details about the lawsuit and the Proposed Settlement available?
This Notice only summarizes the lawsuit and Proposed Settlement. More details are in the complaints filed in these class actions and in the Settlement Stipulation. You can get copies of these documents by visiting the Proposed Settlement website, www.HPInkjetPrinterSettlement.com.
You can also look at all of the documents filed in the lawsuit at the Office of the Clerk, United States District Court, Northern District of California, located at 280 South First Street, Room 2112, San Jose, CA 95113.
28. How do I get more information?
You can get more information and read common questions and answers by visiting the Proposed Settlement website, www.HPInkjetPrinterSettlement.com or calling (888) 288-9630 begin_of_the_skype_highlighting (888) 288-9630 end_of_the_skype_highlighting.
(1) The definition of any capitalized terms not defined herein can be found in the Stipulation of Settlement found at the settlement website, which is located at www.HPInkjetPrinterSettlement.com.
Please note that the content of this e-mail is intended for U.S. residents only.
HP Privacy Mailbox, 11445 Compaq Center Drive W., Mailstop 040307, Houston, TX 77070
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