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

Ok fine then fair replacement is all I ever wanted(if HP wasn´t going to repair is as necessary) :

17¨
Dual Core
Entertainment Laptop Class
Firewire - Ideally as I still use this

Going to get a document going very soon. This is surely going to be emailed to attorney general, trade commission, and San Jose court. Glad I found this thread we would have been one person more short on the declaration.

 

re-focusing back to Millberg's reply, I thought I have some fun with it and posted the relevant sentences here

thank goodness we have ted frank on our side

 

For DV94XXXX replacement:

17¨
Dual Core
Entertainment or Business (without business software) Laptop Class
LightScribe DVD Recorder, Firewire and/or Expresscard 54 slots - Ideally as I still use these
($1100-$1200 retail should cover it)

 

“…It should be noted that under the Settlement, if Class Member’s 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 repairs and submit the claim for reimbursement…”
EDIT this part^ is a joke

This is great News!!! <<< EDIT this part is Facetious


Where do I send it for repair with non-defective parts
and a warranty or certification that the parts used are free from defects.
I would happily have my DV9000 repaired rather than go through all this.

This part ^ is serious

 

...... [Breeeeaaaaath] .......[exhaaaaaaaaaale]

:cry:

So jtf, are we at a pure waiting stage to see how the judge reacts to these motions? Or, is there something we class members can do in the mean time? Mind you, I'm not asking for legal advice. I'm just wondering: If you happened to know someone who had some knowledge of how these things usually transpire, might you have some insight on any impact we can have at this point, without holding that someone responsible for the suggestions?

Can we en masse write the judge with very brief, polite letters or emails making sure they know that we as class members are fully aware of Milberg's mistaken statement; that we as HP/Compaq owners were never allowed the option of repair, and to make sure the judge is aware of this before the hearing?


Can we write Milberg, en masse helping them to correct their mistake? Should we wait and just give them enough rope to "hang themselves" legally speaking?

The facts and falsehoods seem SO clear here (If I made a statement like that under oath, I wonder if I could later be charged with perjury) I just want to make sure this doesn't get buried in a sea of motions - as someone suggested could happen - and be summarily dismissed out of either overwhelmed complacency or confusion.

Ideas?

 

I cannot find where this is quoted at the moment. There are no parts available for these models. That´s why we are being offered a replacement? sorry for the comment that will follow... Sounds like someone needs to proofread the documents. There´s a contradiction. Maybe someone else has already stated this.

 

I found the exact requirement in Amendment 2 see here

 

They're being factitious.

We as HP/Compaq owners ,equivocally , have never had repair as an option.

I suspect this is a legal slight of hand statement since some class members -namely Dell and Apple owners- had the option of repair. BUT that third or more of us owned a specific brand never did.

"Oh, I'm sorry Your Honor. That was a mistake on our part. Only Dell and Apple owners were able to have their computers repaired. Our apologies, it was never our intention to mislead or confuse you."

 

Sorry, most of your questions cannot be addressed by me.

But one thing you can do is to reach out to everyone you know to see if they have any HP notebooks that are defective and if yes, file a claim. If that means canvassing your neighborhood, do it. Or during coffee hour after church, approach other members and casually ask them about it.

At the end of the day, if we are forced to eat crap, well then let's make sure we order a lot of it!

 

I believe the repair didn´t apply to us (HP owners). This class action applied to the Dell and Apple owners as well.

 

Would you be able then to muse, hypothetically, whether such actions might be harmful or counterproductive to our own best interests?


If not jtf, then might anyone else have informed insight on the matter?

PM if necessary.

 

I would bet you they will be tripping over themselves to say just that to the judge if they (as I suspect) get called on it.

 

That's right, load up the repair reimbursement fund with thousands more requests. That $2mil will not go very far.

NVIDIA would love for us to get our tablets and laptops repaired and request reimbursement instead of replacing them. They already have a cap on the reimbursement fund. Even if they could fix them "correctly" we have no guaranty that we would get reimbursed 100%. Add to that the fact that this problem has devalued our tablet/laptops in the used market. How would someone know if they are buying a corrected version or the old crappy version.

Carry on the good fight. Send emails to all involved, let them know we are not a small or insignificant group.

 

The NVIDIA GPU Litigation - Frequently Asked Questions

In Nvidia's own claim filing FAQ's they state "If you previously paid to have your computer repaired..." I believe that alone negates their statement in document #345. or at least in my simple mind it does anyway.

 

There was a mention that there were no replacement parts available somewhere. Am I wrong in saying this? I am almost sure of it.

 

1. We're filing in a few hours. Late the night of March 4, Milberg and NVIDIA will file responses. Crowdsourcing their claims will be helpful as we devise our reply due March 14. We may need additional declarations to rebut some of their claims.

2. It doesn't seem like state attorney general offices are inclined to get involved in a settled class action (no sexy press releases for them, and about half of elected attorneys general rely on donations from class action lawyers like Milberg), but to the extent you have any pull with anyone involved in consumer protection, their intervention will only help.

3. Most newspapers and a number of local tv-news stations have consumer-affairs reporters. Alert them to the story once we post our briefs later tonight. Same for consumer-oriented websites like Consumerist or the various tech sites.

1. I'm reluctant to suggest this for two reasons: (a) if there are a lot of such submissions, it will burden an already overburdened court, and just annoy the judge; (b) for virtually any realistic number of submissions, it will end up counting against us: if you get 500 people to send letters to the judge, NVIDIA will say "Look, they recruited letters to the judge, and only 500 people sent in letters, that means a million people didn't send in letters." That's a wildly unfair argument, but it's standard in class actions. We could well end up with the worst of both worlds: enough letters to annoy the judge, not enough to prevent NVIDIA from asking the court to draw an adverse inference.

2. If you're a California lawyer, or know a California lawyer, nothing stops you from formally filing papers with the court in support of the motion on behalf of yourself and anyone else who wants to do so. But I don't expect that, and it won't make a difference unless y'all think of an argument that I didn't, or you think that I'm lying when I say that I won't accept a payoff from Milberg or NVIDIA to go away.

3. If there's a petition with names, addresses, and model numbers, and someone can succeed in making the petition go viral so that there are thousands of signatures, I can submit the petition to the court. But like #1, this will be counterproductive if it doesn't go viral and only a few hundred people sign up because only a few hundred people heard of it. Without the sort of advertising budget and the list of millions of email addresses that the Settling Parties had for notice, this isn't the sort of thing likely to get people's attention to generate a huge number of signatures.

Let's see what they say March 4, and we can address that then. Maybe they'll surprise us and join our motion, and there won't be a cause of action for breach of fiduciary duty.

 

Just got my shipping instructions in the mail.

Although I believe the replacement is not "like or of similar" value, I will go ahead and accept the CQ56, mainly because my Compaq Presario did last about 3 1/2 years with no issues(until this past November), which is a pretty decent life span for a laptop with amount of usage it went through. I am not a gamer; I primarily use the computer for web browsing, school work, and some video viewing.

If I had the time to wait for a decent replacement(if it gets any better), I would. But my school work depends on a computer, and needless to say, I am sick of sharing laptops in my family.

Hopefully the single processor, as opposed to my malfunctioned dual core, will not be completely horrible. From what I've read about it, it may be practical enough for me.

Good luck to those of you who truly deserve better. I spent around $750 for mine in 2007 and I can only imagine how much everyone else is losing over this.

 

Mr. Frank, My son which owns a DV9000, received the Email sent to group 3. He couldn't fill it out and return it because of time constraints. I believe His correct title at work is network administrator (for a small internet provider). would His declaration on this matter, even though it's submitted late, be of any use to you in the near future or carry more weight than a "normal" purchaser?

 

I contacted a local news station and got a phone call from a rude volunteer saying basically that "it doesn't matter what you do, you're screwed".

If you'd like, I would be happy to file a declaration on the basis of:
1. I purchased an HP Entertainment Notebook, and I'm being given a basic or economy computer. The "Entertainment" badging of the HP line of Pavilion laptops is still maintained: Entertainment Laptop, Tablet, & Netbook PCs | HP Official Store
2. Most importantly, the replacement computer has a single core processor, which has not been made apparent by our class action lawyers, Milberg LLP. Even when you look at the computer at a glance, all you see is the clock speed. You usually have to look somewhere for the exact CPU specifications to determine that it is a single core CPU.
3. 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: 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...
4. One size does not fit all. There should be at least three replacements: a 15.6" notebook computer, a 17" notebook computer, and a tablet computer. All of which should be currently selling, and have at a minimum a dual core CPU.
5. The settlement mentions that our computers must have been repaired previously to qualify from a reimbursement, and that our reimbursement value is not guaranteed (it depends on how many file a claim against the $2 million pool). Furthermore, HP does not have enough supply to repair all of our computers (also, as per the settlement documentation).


I understand that we will have to meet Milberg and Nvidia half way, so I would propose: HP - Laptop / AMD Turion™ II Processor / 15.6" Display / 4GB Memory / 320GB Hard Drive - Biscotti - G62-435DX

It's not an entertainment notebook, but it is made by HP, has a webcam, has a 5-in-1 card reader, and a dual-core processor.

 

Hey WURDNERF,

You Could try this:
http://i634.photobucket.com/albums/uu66/shasta7_2009/nvidiapicture.jpg

 

Personally, I like this picture better: it's when I was listening to Pandora...

ImageShack® - Online Photo and Video Hosting

Yes, that's 97 degrees CELSIUS! To put that into perspective, this is 3 degrees short of boiling water (212F)!

 

My dv9000 ran in the 90's routinely

 

deleted *dumb question*

 

I already contacted TV News Center 8 in Cleveland Ohio about this, but I haven't heard back yet. I also went on eBay and looked up HP TX1000, clicked on one that had the black screen and at the bottom where you can post reviews, left a notice to file before March 14th and now every TX1000 you look at has this notice. Maybe some of you other guys can do the same for your model.

 

If you guys find good TV contacts, please send them to me and I will create a separate page

 

Thank you for your perspective Mr. Frank. That's precisely what I was wondering. I realize how important it is that the energy of our frustrations is focused productively. The point is increasingly become one less of financial equity and more that of principle.

 

The motion and supporting brief, along with the proposed order, is posted at the Center for Class Action Fairness website. To protect the privacy of the declarants, I did not post any of the declarations other than mine (though all of the declarations are publicly available in the court file).

 

The proposed order is AWESOME !!!!

Read it. It will make your day.

 

Mr. Frank: Excellent job on all of the paperwork! I believe you did a tremendous job of capturing all of the complaints that have been voiced. After reading all of the filings, item 13 in your declaration of support gave me a good laugh: "Apparently “Agreement not to oppose” meant something different than an “agreement not to oppose,” and I apologize to the Court for my misunderstanding."

 

Great Job Mr. Frank

It makes Interesting reading for sure, I hope the judge thinks so as well.

 

Much thanks Ted. I´m going to give it a read soon.

 

I think those that are able should also send a donation to Mr. Frank's non-profit. Whatever the outcome, he's done an immense amount of work for us already.

I would imagine small donations are as welcome as large.
=================================================
Center for Class Action Fairness

Donate to the Center!
Your tax-deductible 501(c)(3) contribution can be made by sending a check to:

DonorsTrust
109 North Henry Street
Alexandria, VA 22314

Please identify the "Center for Class Action Fairness" in your cover letter
==================================================

 

Mr. Frank, I must say you have done a great job of detailing the issue with the courts! I knew there was a reason why I never became a lawyer,,,,,, no way I could have put that together the way you did! I can't see any reason why the court wouldn't see what has happened here. Thank you very much for all of your efforts!!!

 

Mr Frank what does the Ram/Edelson filing mean? https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnx0ZWRmcmFua3xneDoyOGUzOTU5NzdkMWMyOThj
I am assuming that they were original objectors who the judge ruled their claim not valid. They are now reasserting their claim?
what ramifications does this have for us?

kib·itz (kbts)
intr.v. kib·itzed, kib·itz·ing, kib·itz·es Informal
1. To look on and offer unwanted, usually meddlesome advice to others.

 

WOW! Win, lose or draw Mr. Ted Frank your work is commendable, such excellence in a very short time. It looks like you worked on this a very long time. You nailed it! You left nothing or no one out. Great details!

Kevin your diligence and dedication has paid off, outstanding work on your part.
I would like to thank everyone for their efforts.
Job well done, cannot wait to read the response.

 

** THIS IS MY PERSON OPINION **

If you look through the court documents, you won't find their names anywhere. Because of that I am uncertain if they were even certified as a Class member in The NVIDIA GPU litigation.

My *guess* is that they are looking in from the outside and see that we have a very good case and they want to ride our coattail.

Can't really blame them since they also ended up with crap notebooks from HP (notebookreview.com has a thread about it here)

Again, my guess. Nothing more.

 

All credit goes to Ted Frank & The Center for Class Action Fairness. I just did some minor mundane stuff, that's all.

But we haven't won yet. Ted mentioned about "crowdsourcing" and I think we need to help him more than ever (sort of like David vs. Goliath)

 

I agree wholeheartedly! What is this euphoric sensation? I think it's a lawyer who is fighting the good fight!

Brilliant!

Mr. Frank, if there's anything you need from us, please don't hesitate to ask!

 

Minor or not every little bit adds up. I know we are just getting started and have not won yet, but I am thoroughly impressed at how well the beginning came together. I am all in for the "crowdsourcing" as mentioned by Ted. I am just grateful that our small voices will be heard.

 

Does the Center for Class Action Fairness want to release a media ready statement that we could forward on to our local news? For example:

It would be nice to have a story we could mass solicit to local news stations like the above. That would help rally the troops and wouldn't cost anything other than a few emails.

 

I like the Idea of a carefully worded media release and possible press conference. we are diverse enough Geographically to individually send them to our local stations. Maybe Mr.Frank has some media connections to pull off a press conference. I would think this would need to be done before the 4th when the responses are due.
Crowdsourcing FTW!!!

 

THANK YOU!!! I paid $1,500 for my tx1220us, which was also designated as a high-end Entertainment PC! I would rather have it fixed than the tm2t, if that were possible.

 

thats all marketing, which HP is good at.

 

I have revised and re-opened the online declaration form.

If you HAVE NOT completed one before, please do so, keeping mind to note any conversations you may have had with Millberg and/or Settlement Administrator. Whatever you do, please be truthful and be accurate as much as possible.

Declaration

 

Dell Vostro 3700 seems to be a good replacement for DV94XX series machines!
And as a bonus, it doesnt have and Nvidia or HP parts!

 

It looks like we'll be getting coverage from Engadget and the American Lawyer. That might lead to other coverage elsewhere. If you know reporters at CNET and other tech news sources, they may be interested as well: my post at Point of Law, "The NVIDIA class action settlement bait-and-switch", is a ready-made summary for them.

If you're a member of Facebook, the Center for Class Action Fairness has a Facebook page; tell your friends.

CCAF Facebook page

 

I've reached out to Mr. Brooke Crothers at CNET who wrote past articles about NVIDIA defect.

He thanked me for writing to him but did not hear back from him again.

If anyone knows him, please write to him via this page and urge him to do a follow up article.

To respect his privacy, I will not share his email address, but if you do contact him via the link above, I am sure he will respond.

 

I received a nice reply from Mr. Kerstetter Executive Editor at CNET. Thanked me personally by name, though that could be Watson at his day job.

I also hit a few others by using the contact us link and searched for the best method of submitting ideas.

CNN, MSNBC, ABC, NYTimes, etc. Probably useless but worth a shot.

I sent the link to PointofLaw and also a copy of the text.

 

I would accept that one also. I just purchased that same one for my dauhgt in high school. It's a good system and has most of what you need..For me at least..This is the type of system I thought they would be using as a replacement to begin with..