IMPORTANT DATES & DEADLINES
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Objections to Settlement:
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Deadline has passed
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Exclusions:
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Deadline has passed
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Claim Form:
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December 3, 2010 |
Fairness Hearing:
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October 27, 2010 at 9:00 a.m.
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Class Actions are 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, three separate
settlements have been reached with defendants :
(1) Mitsubishi Electric Corporation, Mitsubishi Electric and Electronics USA,
Inc. for Seven Million One Hundred Thousand U.S. Dollars ($7,100,000); (2)
Hitachi, Ltd. for Eleven Million Five Hundred Thousand U.S. Dollars
($11,500,000); and (3) Toshiba America Electronic Components, Inc. and Toshiba
Corporation for Nine Million Two Hundred Fifty Thousand U.S. Dollars
($9,250,000) (collectively referred to herein as the “Settling Defendants”).
On May 12, 2010, a hearing was held in San Francisco, California. The Court
determined that each of the proposed settlements were fair, adequate and
reasonable to the Class, and whether, therefore, this litigation should be
dismissed with prejudice against the Settling Defendants.
THE DEADLINE TO FILE A CLAIM IS DECEMBER 3, 2010.
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. At final approval, Class Counsel and
Plaintiff will ask the Court to approve 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 the Defendants for direct purchases of
DRAM from the Defendants during the period of April 1, 1999 through June 30,
2002. The deadline to Opt-Out or file an Exclusion to this Settlement has
passed. The deadline to file an Objection to this Settlement has passed.
A more detailed description of this litigation, the proposed settlements and
your rights as a Class Member is contained in the Notice of Proposed Settlement
with Mitsubishi Electric Corporation, Mitsubishi Electric and Electronics USA,
Inc., Hitachi, LTD., Toshiba America Electronic Components, Inc. and Toshiba
Corporation. (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– Toshiba, Hitachi, Mitsubishi
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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