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

We're not a big law firm like Milberg or Orrick; notwithstanding the famous scene in Miracle on 34th Street, inundating the court with hundreds of declarations would not be productive at the margin.

Kevin's email talked about being "selected," but being "selected" or "not selected" doesn't mean you've won or lost anything or that your legal rights are remotely affected. We're moving for relief for everyone with a dual-core processor or a tablet computer. Signing a declaration or being my client doesn't change that--even in the case of settlement negotiations, I don't negotiate for relief that helps my clients and leaves everyone else in the cold.

According to the waiver class members signed with their claim form, mailing in one's laptop for replacement waives certain legal rights; there is a risk that NVIDIA will argue that such a mailing means that a class member is satisfied with the CQ-56 and has no additional rights, even if the court does fix the settlement. We're asking that the court not permit enforcement of that waiver and give relief to everyone, but a waiver is a waiver, and we may not win that aspect of our motion. I can't give legal advice, but when one decides whether to mail in their computer now or wait until after the judge rules in late March or early April, one has to weigh the several-week delay in getting a $330 laptop (if we lose) against the possibility that doing so will waive the right to a computer in compliance with what was promised in the settlement notice (if we win on one argument, but not on the argument that the waiver doesn't affect NVIDIA's obligations).

 

tfrank, in your opnion how good of a case do we have.
not holding you to any thing just wondering.
i think the quote from Intel says it all and case closed for TX owners. if someone is not in the loop on the quote ask and I or someone will beat me to reposting it.(it is from the atom\netbook FAQ)

 

Does any one know if it would help us or hurt us if we were to write letters to the Judge in Ca. ?

 

Mr Frank,
Thank you!
You're not only a good and fair person but a very good example for others in your profession. Something there are far too few of!

Having so far not entered into any agreement with the class lawyers I await whatever responses you are able to get from the court, as well as any other advice you might have in the future.

While I am not extremely hopeful, I am very thankful for your work and that of others in this entire matter.

I was also one of those who had problems with my TX1219US within the first few weeks after purchase and was lied to by customer support at HP on several occasions. Loved the notepad when it worked, too bad it had major problems.

Thanks again to all of you who pushed this matter forward and continue to do so!

 

Wow, I was not aware of the quote on Intel's site. I had to search to find it.
This may not be the one you are referring to but here it is:

Netbook vs. Laptop

The others are pretty incriminating also. They must have paid alot for an expert to select a netbook to replace the TX1000 series.

 

I tried to respond back to everyone.

Please send me your info to nvidia411 ay gmail.com and I'll take on the status

thanks!

 

OK, sent - 02/27/11 9:18PM

Gerald

 

Do you think that they will simply bump up the replacement to a dual core? What about the issue with the brand and badging, as well as features such as expansion slots? The Compaq is a basic/budget computer. We purchased "Entertainment Notebooks". HP still makes the distinction on its website: Entertainment Laptop, Tablet, & Netbook PCs | HP Official Store

 

I would propose this computer to be the replacement for 15.6" HP Pavilion computers with a dual-core processor (assuming Nvidia and Milberg don't agree that an "HP Entertainment Notebook" should be replaced with another "HP Entertainment Notebook"): HP - Laptop / AMD Turion™ II Processor / 15.6" Display / 4GB Memory / 320GB Hard Drive - Biscotti - G62-435DX

Although it doesn't meet the "Entertainment" class of HP Pavilions, it has a dual-core and is priced at $449.99. It features a 5-in-1 card reader and an HDMI out (replaces S-video), not to mention a webcam.

HP specs found at: Product Specifications HP G62-435DX Notebook PC - HP Customer Care (United States - English)

 

In an ideal world where the judge has all the time in the world to consider the merits of the case, and attorneys honored their ethical obligation to be truthful to the court, there would be 100% chance of success for the HP owners with computers materially more powerful than the CQ-56: all else being equal, a laptop with a single-core processor is not of "similar kind and value" to a laptop with a dual-core processor; it is even more obvious that a netbook is not of similar kind and value to a tablet computer with a dual-core processor.

But we're in a world where judges in the Northern District of California are overwhelmed with hundreds of different civil and criminal cases on their dockets and do not have a lot of time to devote to any single one of them, and up against attorneys who get paid a lot of money to obfuscate. I won't be surprised if we see a quack expert claim that a CQ-56 is equivalent to a much more powerful laptop. And in a two-paragraph filing opposing the motion for an early hearing, the NVIDIA attorney managed to fit in one false factual representation and introduced a frivolous legal argument about jurisdiction to attempt to confuse the judge. Over the course of a 25-page opposition brief, an attorney can throw a lot of mud at the wall and has a chance of making some of it stick. Thus, I can't promise success.

 

Could you post dockets 345 and 346 on the CFAF post? I think if you post those, the wolverines (us) will tear into it and provide you with some angles to counter their opposition.

Also, what type of expert are you looking for on our behalf? Does the expert have to testify in person? Can they simply sign a document? Are you looking for a person with years of experience and a degree to back it up? I may have a person in mind, especially if it can just be signed and sent off.

 

it's all here:

Center for Class Action Fairness: Motion made in the NVIDIA GPU class action settlement

 

From Docket 345 (Plaintiffs' status report and response to emergency motion):

It should be noted that under the Settlement, if Class Members’ individual computers have specific features important to them, which are not suitable to a class wide replacement, they have always had the option to have their eligible notebook or tablet computers repaired and submit the claim for reimbursement. Settlement Agreement ¶ 2.10.​

That is very deceptive. As far as I know, there is no way to actually fix our laptops or tablets that have the defective GPU. We can buy a new motherboard that has the same defect, and we'll be in the same exact situation 1 year from now. If Milberg is aware of a way to fix these laptops, I would LOVE to receive that information. With the exception of the messed up GPU, my laptop is in great condition and I would be very happy to just have it fixed.

 

Hi All,
This is my first post here as I found the site through following this ordeal. I have a dv9000 series laptop which is dual core and 17". Certainly I feel like Millberg is horrible example of what attorneys should be doing. I believe in karma. It looks to me that there should be four replacement models.
1. Lower model 15" dual core -perhaps cq50 dual core less than 400
2. Higher model 15" dual core - perhaps HPdv6. About 550
3. 17" dual core - perhaps HP dv7 a little less than 600
4. Tablet pc - perhaps something like tm2-2150 about 7-800
Btw... those are retail prices
This should not be a problem they know what they ned to order. Even if they put a slightly smaler drive or least ram we should be getting this.

To me it looks that the functionality is very important. Even on the dv7 laptops there no firewire. Something that I use. I have to say thanks Ted so far for. You're ace. I believe the judge is going be fair for sure. How did Millberg get selected anyway. Rotten lot. I should I am a technology professional and may be able to may the hearing if necessary. My response was not selected from fairnvidiasettlement. I plan on not sending in my laptop and writing the judge with a letter as direct and informative as possible. From my standpoint I feel I am entitled to a dual core, 17" laptop, that provides similar functionality. My current model also has a card reader. This has been an inconvenience from a technical standpoint(hardware failed), HP being neglectful, poor legal representation. Hoping for the best here.
Cheers

 

double posted..
fingers crossed when I´m not typing away.
Cheers

 

From Docket 346 (NVIDIA response to emergency motion):

NVIDIA and Court-appointed Lead Counsel for the Class devoted substantial attention to the matters raised in Mr. Frank’s motion (which concern assertions of dissatisfaction by a tiny minority of class members with the settlement consideration), which have been fully addressed.​

First, this issue is not about the entire class - it's about the HP and Compaq members in the class getting a replacement of like kind and value. The rest of the class is getting their computers fixed, while the majority of the HP/Compaq members are getting significantly downgraded.

Second, how does NVIDIA have any way of gauging the satisfaction of the affected HP and Compaq class members? There is no obvious way to express dissatisfaction from nvidiasettlement.com. I suspect that the tally is coming from either NVIDIA's lawyers or from Milberg, who indicated that they were keeping track of the complaints (the Settlement Administrator gave no such indication when I called to complain). How many dissatisfied members actually took the time to call up the Settlement Administrator and complain? How many of those people were told that the Settlement Agreement explicitly stated that CQ50/56 was going to be the replacement computer and that there was nothing that could be done? And how many of those people bothered to read the Settlement Agreement, note that it says nothing about a specific model, call the administrator back, get Milberg/NVIDIA's attorney's number and complain to the lawyers?

I'm going to guess that a very small percentage of people bothered to go through the above process to have their complaints registered. I only stumbled upon this forum after doing all of the above and getting increasingly angry about how NVIDIA and Milberg were not following the Settlement Agreement. I think it speaks volumes how jtfrommer was able to gather close to 150 forms in 5 days where (presumably) most people said that they were willing to submit a declaration, under penalty of perjury, stating that their computers were not of like kind or value as the CQ56.

 

dv9000 owner..
I´m not sure it is deceptive. I don´t think the courts understand the problem completely. I do agree that given the circumstances that these are mobile computers repairs over than upgrades are an undertaking.. Well this is certainly the complaints potion of this settlement. At the minimum the 17¨ laptop owners should get a 17¨ laptop. The tablet pc owners a tablet pc. I mention dv6 and dv7 since there are many configurations available, this should be relatively simple, tablet pc owners a touchsmart2 laptop. Pain and suffering here, this is a huge hassle. I should tell everyone when the claims phase began and I made my claim I called Millberg. I was transferred to a woman who was dealing with this case(did not write her name down). I was told that the model was now a cq50 and that they were still negotiating. From my standpoint that was the deceptive part, get me sign on the dotted line and agree to mediocrity.
Ted, thanks again for picking up this ball and running with it. Millberg, not much of a law firm, shame. Time for rest.. Goodnight all

 

The court (i.e. Judge Ware) did not choose the replacement computer - Milberg, NVIDIA, and their experts choose and agreed upon one model to replace everyone's laptop. I believe the statement that HP owners have the "option" to get their computer fixed and be reimbursed for their cost is very deceptive. If there is only a "tiny minority" of class members that are unhappy with the replacement computer (per NVIDIA) and if there is a way to have the computer permanently fixed (as Milberg suggests), then can they please inform the tiny minority how to have that done? I haven't seen any fix that I am confident would keep my computer working for at least a year. If HP/NVIDIA can tell us how to repair (or actually do the work of repairing) our laptops and stand behind the solution (e.g. for 2 years), I would definitely go that route over any brand new laptop with a 15.6" monitor or single core processor.

 

dat would be the quote.

"Can I replace my aging laptop with a netbook ?
No . A netbook doesn 't have the processing power and functionality you' d need to run many of the applications your current laptop supports, even if it 's a few years old . .."

 

I consider myself a fair and rational person, but I personally can't think of a better word than deceptive. I mean, for them to say that the "small minority" of class members with complaints (HA!) always had the option to have our computers repaired is unbelievable to me. Especially when it says on nvidiasettlement.com that there is NO TRPAIR REMEDY AVAILABLE TO HP OWNERS...

On another note, amd not to split hairs, but please keep in mind that there is a pretty significant material difference, and several hundred dollar difference, between the base and higher-end tablet models. I don't think it is quite as simple as, every tablet owner gets a tm2t. A BIG thing for me there is that the tm2t doesn't even have an optical drive. This is unacceptable for my uses.

 

Docket 345: it looks like their basis of "similar in kind" is notebook versus tablet. However, they seem to be oblivious to equal or similar value.

Out of curiosity Ted, the notifications said that the replacements "will be provided to the consumer at NVIDIA’s expense", so why would Milberg be up tight about giving us a fair replacement? Is it so they get paid sooner by Nvidia?

The biggest crock is:

So we should all run out at request repairs, which now comes out of the $2 million pool for repairs, when they already mentioned:

I'm about to move to docket 346, but it doesn't look like Milberg's docket 345 will be effective as long as it is pointed out that people are mailing claims, but not sending in computers because the replacement for HP/Compaq is not fair.

 

So in docket 346, they're asserting that we are a "tiny minority"? Yes, I think technically savvy people are the minority, but we are speaking up for the majority of people who do not know they are receiving a computer of lesser value and power. The average person will look and say "ooo more memory!" and not notice that it's a single core processor...

Look at the numbers though. Only eighteen people excluded themselves from the initial settlement. There were almost 150 people who were ready to submit a declaration on behalf of the motion...

 

Just got off the shopping.hp.com website and I see why they don't want to give us TX1000 series owners a TM2T series replacement. NO NVIDIA graphics card only Intel and They come with a 2 year warranty. Price range is from $799.99 (Kinda like gas 9/10) to the recommended configuration price of $1,053.99 And after looking at the spec's, this doesn't come with an internal optial drive, you have to buy an external one.

 

The Class consists of 3 SEPARATE groups Dell Apple and HP.
so roughly 1/3 each. now factor out the hp people who got rid of their computer or could not find a receipt etc. So I guess we are a (Tiny) but formidable group

 

Good Morning,
Looks to me the issues are that.
1. I don´t want Millberg representing me any further.
2. From what HP´s stated they won´t be able to repair the computers that are damaged which to my interpretation of the court documents would mean we need like/quality computers. Surely a netbook not equal to a tablet pc and a higher end 15¨/17¨ entertainment class PC is not equivalent to a cq50/56. The greatest shame is that it looks that even though the laptops now being produced have faster cpu and memory they have excluded features. The DV6/DV7 line does not have camera I believe and firewire. These are being used much still, very common. As far the tablet pcs are concerned a touchsmart2 looks like a good replacement and someone has already mentioned that some of the features they need are not available.
Looks to me we still to determine 3-4 replacement scenarios (I think the court is fair to this):
1. Lower End Dual Core 15¨ replacement
2. Higher End Dual Core 15¨ Entertainment class laptop
3. 17¨ Dual Core Entertainment class laptop
4. Dual Core Tablet PC

The CQ50/56 really only fits one of those criteria... I wonder how many affected laptops fit that lower end replacement.. As mediocre as Millberg is in handling this issue this should be obvious to the courts.. Iḿ writing the judge today.
Good day

 

No matter the size we have been wronged. First by the technical problem and no response from HP. Now self serving in this case incompetant attorneys (Millberg).

Either way we need to be compensated appropriately. I believe the courts will be just.

 

The recommended configuration has a dedicated 512MB graphics card.
You will have no chance to get something like that as that would have been a major upgrade and not "like or similar". The basic 799.99 configuration is a small upgrade from what you have which I think is somewhat fair---unless you count many days of "loss of use" and charge "interests" for those days

 

Agreed, except they should add features like bluetooth and an external DVD drive so that we don't lose features that we originally paid for and use. Take the base TM2T and add only the features that the TX1000 had. That's about as close to "similar" as possible.

 

My very wild guess is a fairly large number of claims are medium to lower-end models. If CQ56 were available 4 years ago it would have been a mid-range not a low-end model due to the technological advances. Also the 115DX is actually a very low-end configuration of CQ56. It is absolutely possible to configure the CQ56 to have built-in webcam and bluetooth, and most importantly a dual-core AMD processor like P320, P340, or P360.

I always preferred Compaqs over Pavilions because HP charges too much premium for a smaller number of extra features..Basically they have the same motherboards and often CPUs for the equivalent models....
The only exceptions are real high-end Pavilions that do not have matching Compaq models.

I have sent in my PC but I hope some of you can get new tablets. That is only fair IMO.

 

I 100% agree with you, and have thought this the entire time.
yes add bluetooth and an external dvd drive, i might need to check again but i think hp took the option of a reg external dvd drive from the options; now its just a bluray dvd drive. no complaining

 

I would gladly take the DM1Z with the AMD fusion to replace the TX1000, should be more reliable and can handle most of the daily tasks better than a standard atom netbook, costs the same 449.99 and it costs the same as that asus. Even the base with none of the fancy options it would be fine.

 

ok.. fine then.. We need a 17¨ laptop model in addition to a tablet and that sounds fair

 

hows this look.

 

No Lightscribe optical drive, no turnable screen, no pen flick, no finger print reader, no remote. How is this equal to my TX1327CL ? I paid $997.48 on 11/02/07 and I don't want to hear depreciation. Mine went down 3 days after warranty ran out and in six words or less, HP told me to go across the street to the farmers field and get a corncob and they would be happy to send me a pint of turpentine.

 

My dv9410us came with less RAM and smaller HD. If they should think this is too expensive send me less RAM and a smaller HD or different video. That is ok. I don´t see firewire which is too bad and everything else more IN LINE:
17¨ Laptop
Dual Core
Entertainment laptop

--- I hate to sound like a stickler and FIREWIRE would be right in line...

 

o.. That is Intel CPU and and ATI.. if that is a problem send us an AMD processor and nVidia.. I saw some models with this config.. Will find and post
No worries there

 

The shame is.. I seriously doubt that Milberg LLC even really bothered to negotiate something appropriate..These machines are so configurable I think if we keep working on this perhaps we can get a configuration that we should push.

 

With all the expense they have to go through recycling the laptops and BATTERIES you think they would be further ahead giving us a voucher for the HP replacements from HP with a time limit of say two years. Then we can buy what we want when we want.And make them transferable. Look at the money they would save and to further save they could have us take our old laptops to a place like Best Buy and have them fill out a form saying they looked at it and it doesn't work. Then let us keep them for parts or to sell on eBay for $25 or whatever to cover the cost for our trouble that we've gone through in the past several years. I really don't need another laptop lying around. I just bought a new Sony Vaio after the first of the year with an I7 processor. It's GREAT and Sony has finally started listening to us because they just sent a repairman to my house two weeks ago to replace the fan in my wifes laptop.(Free of charge)And the warranty ran out over a year ago. NOW THAT'S CUSTOMER SERVICE !

 

I'd love to push that issue, ask the judge for ***ALL*** our computers to be ***REPAIRED BY HP*** with an NVIDIA GPU's that are *** NOT DEFECTIVE *** and they should warranty the work for two years since it takes a year to see if the GPU's are defective.

Milberg and NVIDIA probably think we're all goo-goo eyed over getting a brand new computer and are just trying to hold out for something a little better. They don't want to abandon their one size fits all CQ56. So time to put their money where their mouth is, since it's only a small minority that is unhappy there should be no problem whatsoever to repair our computers like the Apple and Dell folks are getting. I would love to have my TX1220US back just as it was. It was just about the perfect ultra-portable with the exception of the heat coming from the NVIDIA chip (although it was a great space heater).

 

Agreed!!! I wanted ALL the features I had or I would not have paid the higher price for the 10" "does it all tablet" machine, along with the added accessories I purchased for it, bringing my totals to over $2k. All of which will be junk because they (HP) lied about the problems, they knew about!

Funny, I've grown to like my new Lenovo, but it wont keep my hands warm.
;-)

 

A friend of mine bought a TX1220US because he liked mine. He quit using it because he couldn't trust it and was worried about losing important files if it completely died like mine. He never registered it with HP and lost the receipt so he wasn't able to file a claim.

Does anyone know why the receipt is being required. Seems like they could look up the serial number to verify whether the computer is in the class or not. I'd probably never have kept mine had I not figured that he might need some parts for his one day.

 

some of those features honestly I could do without, it was bought more for the 12in size with dualcore processor. the other extras are nice, but were never used such as the tablet and fingerprint reader. At the time it was the smallest laptop with decent power and price when my family bought the TX1000.

If the settlement mentioned anything about being able to keep the optical drive off the tx1000, then I could just get a cheap adapter and use that on the dm1z as an external. I've gotten to the point where I really dont use the optical drive much on my laptops. So to me ultraportable with dualcore cpu and a decent graphics solution felt like a decent replacement for what it would be used as vs the32bit single core atom

 

Ya, becaue they're to lazy to look up the ser.# and because they don't want you buying one on eBay for $50.00 and turning it in.

 

he can go to the hp website and register it now. it asks for purchse date, he will just need to put it in along with sn, part #, name address and bam! print screen the page it gives you a valid reg. thats it. no reciept needed.

 

ok.. So I hope this doesn´t get taken the wrong way and why focus comments on repair of the computer. That isn´t going to happen. The comments related to a voucher sound equally as good. I have to say if i did not search for nvidiasettlement I would have never found this thread. How can Milberg be compensated for this type of work.. The judge should ask them what they did for us. I don´t see much. A unique case id and the run around. I hope that the appropriate issues get raised in the hearing and something more substantial be offered to us.

 

I don't recall a receipt specifically being required. Is that somewhere in the wording of the site or the claim notice? I used the old shipping notice email from best buy (your card had been charged and your computer was shipped, this is not a receipt, blah, blah, blah...) and they accepted that. It wasn't an official receipt, although it did state a date and a model.

 

Cpu and Gpu brand does not have any effect, the asus they are offering tx owners has an Intel Cpu\Gpu.