IMPORTANT DATES & DEADLINES
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Objections:
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THIS DEADLINE HAS PASSED |
Exclusions:
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THIS DEADLINE HAS PASSED |
Claim Form:
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THIS DEADLINE HAS PASSED |
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Class Actions were pending against certain manufacturers of DRAM. In the Class
Actions, plaintiffs allege that defendants unlawfully agreed to fix, raise,
maintain and stabilize the prices of DRAM and/or to allocate among themselves
major customers and accounts in violation of the federal antitrust laws during
the period of April 1, 1999 through June 30, 2002. Plaintiffs allege that, as a
result of defendants' unlawful conduct, they and members of the Class paid more
for DRAM than they would have in the absence of defendants' wrongful conduct.
Defendants deny plaintiffs' allegations and have asserted numerous affirmative
defenses. On June 5, 2006, the Court certified the Class described above.
This notice is given pursuant to the Federal Rules of Procedure and Orders
of the United States District Court for the Northern District of California to
inform Class Members that, in exchange for the release of claims by Settlement
Class members against the defendants who have settled, separate settlements
have been reached with: (i) Infineon Technologies AG and Infineon Technologies
North America Corp.; (ii) Samsung Semiconductor, Inc.; and (iii) Hynix
Semiconductor, Inc. and Hynix Semiconductor America, Inc.; (iv) Elpida Memory,
Inc. and Elpida Memory (USA) Inc.; (v) NEC Electronics America, Inc.; (vi)
Winbond Electronics Corporation and Winbond Electronics Corporation America;
and (vii) Micron Technology, Inc. and Micron Semiconductor Products, Inc.
through its Crucial Technology division, (viii) Mosel Vitelic Corp.; (ix)
Mosel-Vitelic, Inc.; and (x) Nanya Technology Corporation USA These
settlements total $325,997,000.
On November 1, 2006, April 18, 2007 and August 1, 2007, hearings were held in
San Francisco, California. The Court determined that each of the proposed
settlements were fair, adequate and reasonable to the Class, approved each
settlement and dismissed the litigation with prejudice against the Settling
Defendants. THERE ARE NO NON-SETTLING DEFENDANTS LEFT IN THIS LITIGATION.
A hearing on Class Counsel's request for attorneys' fees and reimbursement of
expenses and request for incentive benefits to Class Representatives was held
on August 15, 2007 in San Francisco, California. The Court granted Class
Counsel's request.
THE DEADLINE TO FILE A CLAIM HAS PASSED.
If you change your address, or if the Claim Form was not mailed to your
correct address, you should immediately provide your correct address in writing
to the Class Administrator at the address listed below.
Members of the Class will be entitled to receive money from the settlement fund
when it is ultimately distributed. The Court approved a plan of allocation and
distribution of the Net Settlement Fund on a pro rata basis among Class members
based on the dollar amount each Class member paid to Defendants for direct
purchases of DRAM from the Defendants during the period of April 1, 1999
through June 30, 2002. If you did not exclude yourself from the Class or have
otherwise settled or released Defendants, there is not another opportunity to
request exclusion from the Class.
Deficiency letters have been mailed to certain Class Members. If your Claim Form
is deficient in any way, a letter has been mailed to the address you provided
on your Claim Form. Any response you had, in response to or at the direction of
the deficiency letter you received, must have been postmarked by April 4, 2008.
At this time, we expect distribution payments to be made in the first quarter,
2009. We do not know the amount that each Class Member will receive, pending
the resolution of disputes with certain substantial claimants. Please continue
to check this site for additional information.
A more detailed description of this litigation, the proposed settlements and
your rights as a Class Member is contained in the Notice of Partial Class
Action Settlements and Request for Attorneys' Fees and Expenses and Incentive
Benefits (the "Notice").
Questions concerning the matters contained herein should be directed to the
Claims Administrator listed below.
Please email or write the Class Administrator at the address
below if your address changes.
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DRAM Antitrust Litigation
c/o Rust Consulting, Inc.
P.O. Box 24657
West Palm Beach, FL 33416
Toll-free Phone: 866-483-9938
Email: dram@rustconsulting.com
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