IMPORTANT DATES & DEADLINES
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Objections:
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filed and served
3-26-07 |
Hearing:
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4-18-07
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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 an Order 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, four separate proposed
settlements have been reached with defendants: (i) Elpida Memory, Inc. and
Elpida Memory (USA) Inc.; (ii) NEC Electronics America, Inc.; (iii) Winbond
Electronics Corporation and Winbond Electronics Corporation America; and (iv)
Micron Technology, Inc. and Micron Semiconductor Products, Inc. through its
Crucial Technology division for a total of 143,247,000. For a list of other
defendants in this Action, please see the Notice.
A hearing will be held on April 18, 2007 in San Francisco, California, to
determine whether each of the proposed settlements is fair, adequate and
reasonable to the Class, and whether, therefore, this litigation should be
dismissed with prejudice against each of the Settling Defendants.
These are the second group of settlements reached in this litigation, which
will continue against the remaining defendants. The Court has granted final
approval of the first group of settlements 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.
The settlement funds will be distributed at a later date, and therefore no
claim forms are to be submitted at this time.
You do not need to do anything at this time to remain in the Class. If you
change your address, or if the Notice 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
Plaintiffs 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 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. If you want to object to any or all of the settlements, you must
file a written objection not later than March 26, 2007.
A more detailed description of this litigation, the proposed settlements and
your rights as a Class Member is contained in the Notice of Pendency of Class
Action and Partial Class Action Settlements (the "Notice").
Questions concerning the matters contained herein should be directed to the
following Class Counsel:
GUIDO SAVERI
R. ALEXANDER SAVERI
SAVERI & SAVERI, INC.
111 Pine Street, Suite 1700
San Francisco, CA 94111
(415) 217-6810 (telephone)
(415) 217-6813 (facsimile)
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ANTHONY D. SHAPIRO
HAGENS BERMAN SOBOL SHAPIRO, LLP
1301 Fifth Avenue, Suite 2900
Seattle, WA 98101
(206) 623-7292 (telephone)
(206) 623-0594 (facsimile)
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FRED TAYLOR ISQUITH
WOLF, HALDENSTEIN, ADLER, FREEMAN & HERZ
270 Madison Avenue
New York, NY 10016
(212) 545-4600 (telephone)
(212) 545-4653 (facsimile)
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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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