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    nVidia Class Action Fairness Hearing is Tomorrow - Almost time to make a claim!

    Discussion in 'HP' started by Mr. Fox, Dec 19, 2010.

  1. dv9000owner

    dv9000owner Notebook Geek

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    I called the settlement administrator shortly after the CQ50 was first announced as the replacement computer. I complained that the CQ50 was not of like value or kind, and the man (unfortunately, I didn't ask for his name) told me that there was nothing that could be done as the settlement agreement states that the CQ50 would be the replacement computer, and that the court approved that agreement.

    After I got off the phone, I read the entire settlement agreement and found no mention of any specific computer. I called the settlement administrator the next day and spoke to the same man, who told me again that the CQ50 was in the settlement agreement and that there was nothing that could be done. I told him that I read the agreement, and that there was no mention of a specific computer. He reluctantly told me that I should contact Jeff Westerman at Milberg LLP if I had issues with the computer that was provided.
     
  2. jtfrommer

    jtfrommer Notebook Consultant

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    I haven't had a chance to go through all submissions yet so this comment may be redundant.

    If you have been told by the settlement administrator that a specific replacement model was mandated by a court order, please send me an email (nvidia411 at gmail) and provide me with the date and approx. time when these conversations took place.

    It would be helpful if you can send me the serial number(s) as well so that I can match up your email to your online form.
     
  3. Batman1

    Batman1 Notebook Consultant

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    Let this one be a lesson to all. It's all about the lawyers not the clients. Lawyers typically get 1/3 plus expenses on lawsuits, so that being said 1/3 0f $15 million dollars is $5 million dollars not $13 million. If the class would have got its fair share there would be $10 million dollars for the right replacements. If Jeff Westerman of Milberg LLP had a Lexus and it was recalled for faulty parts and Lexus said "Well we don't make those parts anymore so we're going to give you this $13,000.00 Toyota to replace your $45,000.00 Lexus :) " And Jeff would say "Great, I'm getting a new car for one that was already two years old." Can I have a little turpentine on that corn cob before you stick it up my DONKEY ?? !!! :confused:
     
  4. ronk

    ronk Notebook Enthusiast

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    When compiling the info I put the TX2000 in as a reference point because I wanted to see what had changed since it supposedly did not have problems. I was surprised to find that the TX2000 does use the GeForce Go 6150 (at least some versions do) and here's an article suggesting it has the same overheating problem as the TX1000 series:
    HP tx2000 suffering from dead screens and wireless, NVIDIA to blame? -- Engadget
    So yes the TX2xxx series are not part of the class action so maybe it should be removed, however it's an interesting model to compare with because the main difference seems to be a better touch sensor on the touchscreen.

    As far as I know, all of the TX1xxx tablets are labeled TX1000 on the lower left corner of the display and have a serial number sticker on the bottom with the the true model number but its easy to misread. On mine, the top line on the sticker says "Product: HP Pavilion tx1200" but the true model number is at the bottom of that sticker just to the right of the HP logo mine says "tx1220us".

    I left some fields blank because Retrevo did not have everything on every model and I did not want to guess. I listed only the US tablet models since they are the ones falling under the class action and I may have missed some. So point out errors and fill in missing information so JTFROMMER can make corrections.
     
  5. jtfrommer

    jtfrommer Notebook Consultant

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    Awesome and big thank you to all who have completed the online form!

    In just 5 DAYS, we’ve collected 140 submissions from HP Class members who are dissatisfied with NVIDIA’s proposed replacement notebook.

    This is truly an amazing collective effort since our result is in direct contrast to 18 total exclusion (or “opt-out” ;) requests received by the Settlement Administrator over 3+ week period (with just 1 confirmed HP Class member requesting to be excluded from the Settlement).

    I think that is enough anecdotal information to say that the general HP Class members thought that they were going to receive a replacement notebook/tablet that was “..similar, in kind and value” as stated in the final settlement language.

    So what happens next? Because timing is critical, we will expedite our data analysis and the selection of declaration candidates. To reduce any confusion, all form submitters will receive an email informing him/her of the selection status by February 25, 2011.

    PLEASE, PLEASE DO NOT BE OFFENDED IF YOU ARE NOT SELECTED. Your participation has been a tremendous show of force to NVIDIA and others that little people like us do matter in legal cases and your selection status is in no way a reflection on your submission.
     
  6. kleake

    kleake Notebook Enthusiast

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    From what I can see your sheet looks correct. When I purchased mine, I didn't think all of the TX series had bluetooth and the fingerprint reader, but most stores were out of stock so I didn't get to check them out in full detail. Either way I opted for the 1410 due to having all of the features it does, and the price at the time seemed to be good, only to find out later how bad of a decision that ended up.
     
  7. miloc

    miloc Newbie

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    Guys, I'm planing to keep my old hard drive. What will happen if I just swap the old hard drive in the new asus? Just reactivate windows and office? or will I have a compatibility issue? I want to do this because I have windows 7 home premium already installed in the old hard drive and as you know, the asus has no optical drive.
     
  8. ronk

    ronk Notebook Enthusiast

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    With regard to the TX1xxxx tablet models I think that a one-size-fits-all approach would work as long as it included:

    Dual Core processor of at least 2.2Ghz
    decent graphics card
    4Gb RAM
    Bluetooth
    Wireless-N
    Gigabit Ethernet port
    at least 3 USB ports
    Fingerprint reader
    12" or 13" Touchscreen of at least 1280x800 resolution
    no heavier than 5 pounds
    web cam

    Granted few people care about Bluetooth, Gigabit Ethernet, or even a fingerprint reader, but those were the features that separated our hi-end tablets from the economy models. So any tablet that has these features should be a good replacement for our TX tablets.
     
  9. matt198992

    matt198992 Notebook Geek

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    dual core processor as well. this was the main selling point for me at the time of buying this. i expect no less.
     
  10. dchen2k

    dchen2k Notebook Consultant

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    The old harddrive was probably SATA-1.0(slower) and the new one is SATA 2.0.(faster)

    The interfaces are the same(I tried) so it might just work. There is a bit of a potential problem if a critical driver is missing the OS may not boot.
    If you want to do that, you may spend about $10 to get an external USB enclosure for your old harddrive and use Seagate DiscWizard(free if used with Seagate disks), Acronis TrueImage WD edition(free if used with WD disks) to "migrate" Windows 7 to your new harddrive. That assumes the ASUS does not require special, non-standard Windows 7 drivers to boot. You could test by booting from USB, if it works then you can reimage from USB back to primary drive.

    A safer bet is to buy an external USB DVD writer for the ASUS. I bought one for my dad at $20 after rebate(ASUS branded).
     
  11. ronk

    ronk Notebook Enthusiast

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    Yes, if you opt for the Asus you might as well just buy an external DVD burner because sooner or later you'll need to install something from disk, or you'll want to watch a movie, or you'll want to backup the computer, or ....
     
  12. matt198992

    matt198992 Notebook Geek

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    exactly. if i wanted a device that can ONLY access the internet and nothing else, i would just use my phone...

    too bad my phone does more than the asus anyway...
     
  13. aw614

    aw614 Notebook Guru

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    this is how my tx1000 is labeled
    http://i52.tinypic.com/osvqlj.jpg
    I am not seeing anything like tx1220,etc on mine
     
  14. CFrank

    CFrank Notebook Enthusiast

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    I've seen several posts about screen size, and I respect everyone's priorities. I bought my tx1220us mainly for the computing power. The touchscreen and stylus tablet feature was nice, but I RARELY used it (if ever). It was not by any means the main reason I bought it. I have a cheap monitor that is huge, and I just use it at home (or used it when my computer worked). Anyway point is, I could really care less about the screen size as long as the replacement is at least as powerful as mine was, briefly... I know some of the 17" owners are primarily concerned with getting a 17" replacement, and I can understand that. I just don't want us higher-end tablet owners to get screwed by dealing off of screen size. HP's new tm2t, or whatever tablet it is they are selling now, doesn't even have an optical drive! I HATE THAT! in some respects this new model is better, but in many other ways it is inferior. And those other ways are the ones that are important to me!
     
  15. OldMajorDave

    OldMajorDave Notebook Evangelist

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    Based on Ted's statement above, I’m wondering when the "claim" is legally complete? Is it:

    (A) When you file the claim form.
    (B) When you file the claim form and it is approved, or
    (C) When you file the claim form, it is approved, you receive your approval notice and you send in your old computer with the signed Replacement Authorization Form.

    14 March is the close for filing claims and it is also the tentative hearing date. Not so good. I really don’t want to file yet though unless (c) above is the correct answer. Anybody know? Also what’s on the Replacement Authorization Form. Does this say that by signing and sending your computer that you release all claims? If so, that's when the claim is legally complete I believe.

    Thanks, Dave
     
  16. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    I would say a claim cannot be complete without compensation. Until you receive the replacement computer, the claim is unfulfilled.

    Additionally, if the court agrees that the CQ56 and Asus netbook are not like kind and value, it is possible that any computers sent out may end up needing to be replaced with another model.

    If the court does nothing and leaves everything as it currently is, and you let the deadline pass without filing a claim, I think you'll be up the creek with no paddle. If I were you I would go ahead and file your claim. The deadline for sending in the computer is in July, so you have more time to see what happens with the hearing.
     
  17. shasta7

    shasta7 Notebook Evangelist

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    The form says:
    "by shipping my class computer for repair or replacement as part of the settlement,I knowingly,voluntarily and expressly blah blahblah....
    look here for the whole clause http://nvidiasettlement.com/pdfs/NVF_POC_HP_repl_inhouse_SAMPLE.pdf I think it means when you mail it in or option (C).
    IMO.....
     
  18. Jase2

    Jase2 Newbie

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    The specs look good to me for the TX1. One addition, my tx1110 has two headphone jacks, one of which is S/PDIF.
     
  19. kleake

    kleake Notebook Enthusiast

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    I think for the most part I agree, just be careful stating that few people care about some things. For me, bluetooth is a must as I use it to sync my blackberry. Sure, I can do it with a cable, but bluetooth is so much easier and this is part of the requirements when I buy a notebook. I also have bluetooth headphones, bluetooth keyboard and bluetooth mouse all of which make life easier without the cords or dongles occupying a USB port and waiting to be broke off. The fingerprint reader and gigabit ethernet aren't a big deal to me, but others it is. I also use the remote,,,, some may not, but I set mine on my entertainment cabinet hooked up to the tv, and could then use the remote to control it. Again, it may not be a big deal to some, but we all had our reason for buying the notebook that we did, and the bottom line is we purchased it for the features and power that it does have. The replacements should be equally equipped, or we should have a choice of similar notebooks so we can choose the one that fits best to our needs since an exact equal is non-existant.
     
  20. savage25rcracer

    savage25rcracer Notebook Enthusiast

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    I agree, we (as class members) should have a choice in a line of say 5 or so computers regardless of what model we have. which for TX owners we have a choice of 2(neither fit as a replacement). but with saying that an owner of the lowest end computer could/should not be able to choose a TM2T as a replacement for their $300 notebook. It kinda looks like this solution should be doable in stead of a cash/cupon valcher. im still trying to be fair to both sides on this(im not saying that the lawers should be treated the same as class members) because the settlement buyers a going to be getting a hefty discount on purchse of the replacements. so a cash/cupon valcher could be more than what they would pay for the same computer someone might use it for. quick WAG, they buy the computer in question for $349.99 you can buy the exact same one for $549.99 because you do not get the bulk discount for buying 500,000 of them. offering a range of computers for class members needs compared to what they have. if you have a TX you could get the 16" inch if your needs changed from your needs 3 yrs ago, but not exceeding you value.

    just food for thought.
     
  21. Batman1

    Batman1 Notebook Consultant

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    I for one would like to just have my TX1327 CL fixed and I know they can. If you don't believe me then call Micro Medics @ 1-877-678-5855. It will cost you $100.00 to get their prepaid shipping box plus the amount of repairs for a Fan Assembly, a Heat Sink Assembly, and a Logic Board. Hope this helps somebody. :) Have a Blessed day, Bruce
     
  22. jtfrommer

    jtfrommer Notebook Consultant

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    No offense, but what reference information do you have that verifies what you are claiming?

    In the settlement document, NVIDIA specifically stated that repair parts are "...no longer sufficiently available..." meaning we don't know if they have 1, 10 or 10,000 replacements parts available in the US.

    In addition, NVIDIA never admitted to any wrong doing in the settlement. That means you can never (well maybe never is too strong of a word) can get any confirmation from NVIDIA or anyone else that these new "replacement" parts are free from the same defect.
     
  23. aw614

    aw614 Notebook Guru

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    I wouldnt trust Micromedics to repair my laptop...
     
  24. WerdNerf

    WerdNerf Notebook Guru

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    The problem with repair - as pointed out here from a few poster's experiences -is that the replacement parts have the same defects as the ones that failed. This is why HP is not offering to repair these models, not because they can't, but because it doesn't truly fix the problem. Many of those who've paid for repairs in the past or had them repaired under warranty report having repeat problems, and multiple repair attempts.

    This hasn't been from my own experience, but I think several of the folks who've been on this thread since the beginning could verify it.
     
  25. Batman1

    Batman1 Notebook Consultant

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    I don't know how many parts they have. That's why I gave the Phone # so you can call them. I have two TX models and the one was just repaired under warranty from Sam's Club on 2/07/11 and I have left it on ever since but only time will tell how long it will last. That's why I know what parts it took to fix this one that I'm using now.
     
  26. jtfrommer

    jtfrommer Notebook Consultant

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    Guys / Gals-

    I need your urgent help. I need many of you to review the spec sheet and let me know if there are any inaccuracies.

    Can some of you volunteer to review it and let me know by 8pm tonight ET?

    Also, it would be great if you can leave a comment at the site so I don't have to flip through many postings here.

    link
     
  27. dchen2k

    dchen2k Notebook Consultant

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    Based on what you described, the root cause might be cooling---which is consistent with what I understand so far---overheating of the GPU causing wirelss card, motherboard or even the GPU itself to fail/malfunction. It seems to me that the solution or workaround is to introduce more powerful cooling....

    For people who choose to purchase the "enhanced cooling", can they get reimbursement from the 2M fund allocated as part of the settlement?

    Based on the following review:

    Review HP Compaq Presario CQ56 Notebook - Notebookcheck.net Reviews

    CQ56 seems to have a cooling system that works...
     
  28. CJean

    CJean Notebook Guru

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    Sorry to post here, just didn't want to post my email...
    I have some info to add to your spreadsheet... This info is from hpshopping.com (for the CQ) and Newegg.com (for the Asus)

    Asus has 36W AC power and 1.66GHz processor
    CQ weighs 5.6 lbs and has up to 4 hours battery life
    Also, I didn't see anywhere that the CQ has a SPDIF port but I could be wrong
     
  29. CJean

    CJean Notebook Guru

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    I'm in kind of an interesting situation with my laptop because I'm still under a store warranty- for the next 3 days. I've had my motherboard repaired before, and of course it's acting up again. I have to decide if I want to send it in again (which means coping everything to external HDD and being without a computer for up to a month while taking online classes, which I've had to do on 2 other occasions). Most likely it will just break down again in another few months to a year, but there is the off-chance it won't. Just trying to get some opinions because I have to decide tomorrow.
     
  30. WerdNerf

    WerdNerf Notebook Guru

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    According to the settlement, you only have to have experienced symptoms in the past, not necessarily right now. Perhaps you could have it repaired immediately and still file, just in case you experience post repair problems - which seems more likely than not. You have to file before the date in March, but you don't have to send the computer in until July.
     
  31. TimelyCompensation

    TimelyCompensation Notebook Geek

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    Just as a comparison from cpubenchmark.net

    TL-50 dual-core (e.g., dv6308nr): 987
    TL-64 dual-core (e.g., higher pavilion series laptop): 1050
    V140 single core (e.g., the CQ56-115dx): 692

    The GHz may mislead people...even the 4-year old processors we have are crunching numbers and outperforming this new V140 because it's a single core processor.


    Also, here's the manufacturer's description of the dv6000 line: "The newly-designed HP Pavilion dv6000 Notebook PC series combines mobility, power and entertainment in a new design." Could HP say the same thing for he CQ56-115dx? No, they'd say something like "adequate for basic computing needs".

    Just another jab at the CQ56: it has no-name speakers vs the Altec Lansing speakers in my dv6000.

    Bottom line: I won't settle for a single core processor, a Compaq, and the loss of value. You give me a currently selling HP Pavilion branded computer, and I'm a happy camper.
     
  32. dfs

    dfs Notebook Enthusiast

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    Received settlement return authorization letter today. Sitting tight. Even my fairly low end Compaq V3000 has features missing from the proposed replacement. I'm not asking for much more, just a comparable dual core processor and an SD card slot would make me happy. A 14" display would seal the deal.
     
  33. shasta7

    shasta7 Notebook Evangelist

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    Did Anyone get an E-mail from jtfrommer? It looks like his website says to check for emails I have not received one either way.
     
  34. dchen2k

    dchen2k Notebook Consultant

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    The CPU is the biggest downgrade and a very bad one.
    HP actually could easily upgrade it for like $20. (At shopping.hp.com the CQ56Z CTO can be upgraded to dual core (P340) for just $20!)

    This web site said the speaker is actually Altec Lansing:

    Evertek Wholesale Computer Parts - Compaq Presario CQ56-115DX AMD V-Series V140 2.3GHz 2GB 250GB DVD±RW 15.6 LED Windows 7 Home Premium w/6-Cell Battery , XG809UAR

    This web site said the speaker is good for its class:
    Review HP Compaq Presario CQ56 Notebook - Notebookcheck.net Reviews

    Bottomline, all you really need is a better processor.
    I can't understand why HP/NVIDIA wouldn't give the P340 for just $20??

    I have just bought a P340 at eBay for $26 as well as 8GB ram for $55 from newegg so that I have the parts to upgrade the CQ56..
     
  35. TheBlendOnline

    TheBlendOnline Notebook Guru

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    As jtfrommer had posted earlier, certain people will be selected to have their declaration heard in court. Ted Frank had said that he would be using only a handful of declarations (like under 20) so if you did not receive one, you probably where not selected. JT had also posted more than once explaining for people not to be offended if they where not selected. It appears I was not selected either, but am happy something is being done..

    Just FYI-
     
  36. shasta7

    shasta7 Notebook Evangelist

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    Hey blend,
    I thought he said taken or not an email would be sent.

    "all form submitters will receive an email informing him/her of the selection status by February 25, 2011."

    someone correct me if I am wrong, I am glad something is being done as well and really don't care If I was selected as well. I just thought a yea or ney was forthcoming.
     
  37. kleake

    kleake Notebook Enthusiast

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  38. WerdNerf

    WerdNerf Notebook Guru

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    Either there are 2 different versions of the service manual floating around or they've just updated the manual, because previously the parts only included the N series (N320, N350, N370) of Athlon II processors.

    But you're right, now I've just looked at a manual that does in fact include support for a few P series as well. Which is good because, as I said in a previous post, the N's are hen's teeth. The P's are much more widely available though. So, good news if we have to eat the V140. Unless of course the stock of them is low and a few hundred thousand new 115DX owners suddenly decide to upgrade CPU's.
     
  39. shasta7

    shasta7 Notebook Evangelist

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    Or dump them (completely) on Ebay!! :D
     
  40. jtfrommer

    jtfrommer Notebook Consultant

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    Sorry guys/gals. The process is taking longer than expected. Email notifications will be sent out tomorrow!
     
  41. shasta7

    shasta7 Notebook Evangelist

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    Sorry Kevin,
    No pressure, I really was just wondering as you have done such a great job with this whole thing!!

    Please take your time WE ALL know how much time you are putting into this!!
     
  42. jtfrommer

    jtfrommer Notebook Consultant

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    Thanks Shasta7;

    Unfortunately, time is something we don't have.

    As of now, everyone should have received an email re: Declaration form selection.


    Our timing is extremely short so a quick turnaround time is critical!

    If you have been selected, please review, complete and return the declaration form by Saturday, February 26th, 2011 by 1PM ET. :eek:

    Ted and his team will make any changes if necessary and email back a PDF file for you to print, sign, scan and email back to Ted, Dan and myself (email addresses for Ted and Dan can be found in the declaration document).

    You must return the scanned declaration form with your signature by morning (Eastern Time) of Sunday, February 27, 2011. :eek: :eek:

    Sorry for the lack of time, but please put your best effort in to get it done quickly.

    Thanks
     
  43. tedfrank

    tedfrank Notebook Enthusiast

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    Just a quick update. The court scheduled a hearing for March 28. That's after the March 14 claims deadline, but before the July deadline for mailing in the computer for a replacement. We'll be asking the court to reopen the claims process as part of the relief we're asking for, but we have no guarantee of success.

    Papers filed by Milberg and by NVIDIA indicate that they will be opposing our motion any way they can.

    Our brief is due in the court Monday in less than 60 hours, which to next to nothing limits the time I have to participate in this forum or answer questions individually, so apologies if I don't respond to your emails between now and then.
     
  44. dchen2k

    dchen2k Notebook Consultant

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  45. Underalter

    Underalter Notebook Enthusiast

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    I received the declaration via email this morning.
    I completed it and return emailed it back to the respective individuals.

    If / when I get the PDF copy returned to me for a signature, it will also be completed and returned post haste.

    Thank you.
    My best to all.
     
  46. dchen2k

    dchen2k Notebook Consultant

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    Well I understand your frustration...But if you can find someone in your family to use it, it may be more economical as the ebay price for those is about $200... I sold on e-Bay before...you have to account for the fees, shipping, and credit card fees as well as the time spent on it..(Unless you are an eBay store owner already) I'm getting this for my wife so she would not bug me when I'm using my Dell XPS with i7-920. ;)
     
  47. jtfrommer

    jtfrommer Notebook Consultant

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    I posted a thread at Fatwallet to get some additional exposure to the general public

    It would be great if you can bump the thread so that it remains visible.

    I intend to do the same thing at SlickDeals
     
  48. tedfrank

    tedfrank Notebook Enthusiast

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    Separately: I've been asked who's paying for me. The answer is no one. This is pro bono. I'm funded by a charitable foundation to run a non-profit project that represents consumers and shareholders in class actions.
     
  49. shasta7

    shasta7 Notebook Evangelist

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    I can Totally understand Nvidia opposing us. But cannot for the life of me
    understand why Milburg would, don't they Represent (us)?
     
  50. shasta7

    shasta7 Notebook Evangelist

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    Thread at Fatwallet was deleted :( :(
     
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