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Further Notice of Seagate Hard Drive Class Action and Proposed Settlement


Big_Dave
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This is a further notice relating to a proposed class action settlement. The settlement was previously approved, but the court has required additional notice to members of the settlement class to clarify the class definition.

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. Another hearing has been scheduled in San Francisco Superior Court to determine whether the settlement should be approved. Under the settlement, you may have the right to make a claim for cash or software. If you previously made a claim, you need not take any further action unless you wish to make claims on additional hard drives. Your prior claim or claims will be processed after the settlement is approved. You may not make a new claim for any hard drive included in a prior claim. You also may choose to exclude yourself from the settlement. If you previously excluded yourself, you will remain excluded, unless you revoke your exclusion. If you do not exclude yourself, 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, not for resale, 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 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 July 9, 2010. You may submit a claim form for each qualifying drive you purchased, except as to hard drives for which you previously made a claim. 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.

Plaintiffs and their counsel have previously been awarded attorneys' fees, expenses and incentive awards in the amount of $1,792,000, to be paid separately and in addition to the benefits available to settlement class members. Awarded amounts will be paid only if the settlement is approved.

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, and you have not previously excluded yourself, 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 Claim Administrator; PO Box 1240, Minneapolis, MN 55440-1240. Your written request for exclusion must be received by May 14, 2010. 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 or any part of the settlement (including the award of attorneys' fees, expenses and incentive awards), to appear at the settlement hearing, to have your own attorney appear at the settlement hearing, or to 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, Sheppard Mullin Richter & Hampton LLP, Four Embarcadero Center, 17th Floor, San Francisco, CA 94111. 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 May 14, 2010.

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.

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I WANT THE FOLLOWING SETTLEMENT BENEFIT (choose ONE):

 

[ ]Software Benefit

 

[ ] Cash Payment Benefit equal to 5% of the Net Amount Paid.

 

The 250GB has failed twice and replaced. The 500GB they gave me after another 250 failed and I complained.

 

5% of the Net Amount Paid, not worth the time! I'll do my hard drive shopping elsewhere, notice all the WD's in the pic, do you know what that stands for? :lol:

 

post-97-1268410717.jpg

 

cd

 

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The 250GB has failed twice and replaced. The 500GB they gave me after another 250 failed and I complained.

 

5% of the Net Amount Paid, not worth the time! I'll do my hard drive shopping elsewhere, notice all the WD's in the pic, do you know what that stands for? :lol:

 

post-97-1268410717.jpg

 

cd

Could be..

Windows Diagnostic...

Western Digital...

!!!!

confused12.gif

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