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

I don't think anyone is trying to tell you what will make you happy; they're just trying to tell you what they believe you're entitled to - a computer of like kind and value. Obviously, you're allowed to have your own interpretation of "like kind and value", but the interpretation that most people take (including Mr. Frank) is that the HP/Compaq claimants are entitled to a computer equivalent to that of their existing computer (if their existing computer wasn't defective). We'll find out in a month or so as to what the Judge's interpretation of "like kind and value" is.

 

If a car purchased in 2007 is involved in a lemon law case and proved to be defective since 2007, and doesn't get settled until 2010. Does not the factory replace it with a with a 2010 of like, similar kind and equal or similar value ?

 

Your analogy isn't quite accurate - remember that NVIDIA has made no admission of wrongdoing (at least to the court) and that we are only entitled to what the Settlement Agreement states (unless you objected to the Settlement Agreement prior to the deadline).

 

I would like to know who sent out notices, because I have had the same address since Feb. 1978 and the same email address since 1995 and I NEVER received any notice and yes HP has it in their system. The answer to my question is, No they do not, they buy back the car for purchased price + sales tax. I know this because I was a contractor for Chrysler when in 2008 they bought back a 2005 Durango.Somebody FAILED us because the one feed that I have clicked on here Say's that NVIDIA admitted in 2008 that they have had a problem for quite some time. Yes I have read the settlement, that's why I say somebody failed us on this one.

 

DV9000Owner…. Thanks for taking my prior post seriously and providing a suggestion. I find all the jokes humorous but wish a few more folks would take the Proposed Order review a bit more seriously. From my perspective, there are a few items there that, if not corrected could cause major issues. There are a few others with percentages that I can’t see why they’re there at all. Anyway….

 

I have tried to stay out of this, But if anybody here thinks the proposed order will stand as is and be agreed on by Milburg and Nvidia, you must not have a clue as to how the legal system works.

This is now and always has been a negotiation between the two principal party's the "Class" vs Nvidia. Just because Mr. Frank has proposed a settlement doesn't as yet mean a thing. On Friday we "The Class" will get to read Nvidia's and Milburgs Response to Mr. Frank's entry to the case.

I am willing to bet they will try to napalm every single thing we "The class"
and Mr. Frank allege is wrong with the administration of the settlement.
Further they will move for complete dismissal of the entire matter
by arguing they have complied with the terms set forth in the settlement.

JMO

 

That's a good question, because my notice had my current address, with my name under the college I went to 20 years ago. How did HP or Nvidia even associate the two? I didn't even have a computer back then and never put that college name on anything that I have ever registered. I am curious...

 

I suspect that the percentages were used because saying something like "at least 85% as good as what we had before" seems reasonable even to those without a deep understanding of the technology, while still providing a good lower bound for NVIDIA to meet.

I know there are some small potential loopholes in the proposed definition of "similar kind" but I think NVIDIA would have a tough time finding me a replacement laptop with a dual core CPU, 17" display, 1680x1050 resolution and no WIFI. I think your biggest point might be that not everyone wants a 17" model. I think the likelihood of NVIDIA replacing all notebooks with a 17" model are slim, due to the higher price of 17" models; but those people with a 14" laptop might end up with a 15.6" model.

 

…..”I offer the following as areas for further contemplation if the opportunity for change or clarification of the Brown proposed order presents itself”.

I have no preconceived or naive notions that things will not change. That said, one would have to be an idiot to see possible glaring holes in the base document and not point them out, consider clarification, or offer a possible solution. Example above. "If", for whatever reason, item (b) stayed as published, people with 14" notebooks could receive 15" models. Not so good.

JMO

 

Dave, I for one apologize for my joke but I find that this is turning out to be more like the class suit against HP around 2002 with my ZD7000 that still needs the mother board and the class lawyer boned me and took his money then washed his hands of the rest of us. I think we all need to LOL once in awhile here so as to NOT go POSTAL, after all we still have to wait till March 28 to hear from the Judge .

 

Dv9000owner…. I think you are correct, but given the level of resistance that Nvidia has displayed I wouldn’t be surprised by any action they may take. (i.e. pull WiFi cards, or custom order without). Just seems to me it would be better to have discrepancies (even small ones) squared away or in your hip pocket than go ….“Oh No”… who would have thought they’d do that!

Also, I don’t know about you, but I don’t respond well to pompous lectures.
Of course…not implying you.

 

No offense at all taken there Mr. Wayne!! I think your jokes are timely and hilarious. I think I even sent you a rep or two for the funnies. I have to wonder though…. about your sanity.

 

That's a question for the "Men In Black" Between HP in 2002 and NIVIDA now and after 3 1/2 million miles on the road and finding out that the company I was leased to had Two companies with the one taking 25% of the money and the other taking another 15%, costing me over $1,000,000.00 over a ten year period. The word Postal runs high on my NO SH_TOMETER.

 

I understand... bum deals.... but please don't start calling me Uncle Dave.

 

OK, does that mean I can call you Ray or call you Jay as long as I don't call you late to dinner ? How about Aunt Davette ? or NOT.

 

Shuuut Up..... I can't stop laughing.

 

I never received notice either. I stumbled on the nvidiasettlement.com website while doing a search on how to repair my motherboard around September 2010. I would really love to see a list of class members who actually received a notice. I bet it was thousands and not millions, if that. Especially now seeing how unconcerned and dishonest Milberg is with fairness for class members.

 

I had seen someone on the engadget site saying we should be happy with what we are getting and the fact that depreciation "sucks"
It would be impossible to figure out what my laptop was worth (if working back in 09 when it died) But I was wondering what it would be worth now so I went to ebay's site and did a little research.
For the last 90 day period a working DV9000 is selling at a average price of $535 ( I know stupid right)
and
A new in box CQ56-115DX is selling at a average of $260

 

I received a notice. That was the day I created this thread on NBR. I'm glad I did. The storm has been impressive.

 

I am so glad you did too! Thank you very very much!!!

 

I did receive a notice but I bought directly from shopping.hp.com.
Earlier I also received a notice for DRAM antitrust settlement for a 2001 purchase directly from crucial.com....

 

Did anybody notice they changed the tablet/netbook model?

I'll have to Google it to see what is different. Most likely just a better version of Windows, maybe more ram or HD.
Looks like just a bigger HD, still has Windows 7 starter, still far from matching our original in power and functions. :-(

 

Nvidia's Faulty GPU Settlement Being Challenged

Looks like Tom's Hardware picked up the story.

 

I'm wondering if maybe the nvidiasettlement.com site has a typo. I can't find a mention of the Asus EEE T101MT-EU37-BK anywhere. I can only find the eu17 and eu27 models.

 

Go to amazon.com and type in Asus EEE PC T101MT-EU37-BK

 

here is a screenshot of when it was changed, bt it still says feb/11/2011.
i hope this does not change anything in the court doc. because they changed it feb/28/2011 last day for declarations

 

Nope, the other models show up, but not the eu37...

 

Just goes to show you that NVIDIA has known about this problem for a long time.

 

Even longer: NVIDIA Provides Second Quarter Fiscal 2008 Business Update

Straight from the horse's mouth in July 2008:

See link for full report.

 

Your right, I can only find the eu 17 or the eu 27 models. maybe someone else can help.

 

Then it seems to me that Deprecation doesn't even come into play here. They owe us FULL purchase price from the day it was new. If a doctor leaves an instrument inside you and you don't find out about it for 10 years, He has to pay you for pain and suffering since the day of the operation, not the day you found out about it.

 

nice catch on the EU37. even i had not noticed that i was looking at a different model. was this changed recently or has this been a typo from the start? as far as i can tell there IS no eu37...just a 17 and a 27...

wth nvidia?

 

@Matt

I think this is what your asking

 

You are correct that neither the settlement agreement, nor numerous calls to Milberg have ever said that deprecation was a factor in the laptop selection. However, the settlement agreement doesn't say anything about reimbursing us for the full purchase price either. Remember, NVIDIA settled the case with our class counsel and unless you objected to the settlement, you're only entitled to a replacement laptop of similar kind and value (only time will tell what Judge Ware decides is the definition of this).

 

You are correct. I mistakenly looked at a different Asus model with an EU37 in the title.
Now Milberg and NVIDA are making up computer models.

It looks like there are 4 models of the t101mt, EU (Starter) BU (Home Premium) and the 17 (1024MB) and 27 (2048MB) and they may or may not have bluetooth.

 

I sent my Presario F500 in fedex monday and haven't heard anything if they got it yet. has anyone heard anything back or got a replacement yet from sending theirs in? I'm all excited and hoping to get it soon but knowing the way things go it could be months= eternity when in a hurry.

 

It's easier to argue based on similar kinds than similar value.

For example, 12", 15", and 17" screens are not similar kinds. Anyone can tell the difference even for non-technical types.
Tablets and netbooks are not similar kinds(however this could be confusing to people with little technical knowledge and don't own one of the two.)
Quad-core, dual-core, and single-core are not similar kinds.(again, could be confusing to some.)

On the other hand, Value is extremely subjective. It's especially difficult to tell the current market value(even without depreciation) of the old models.
Also, you may be willing to pay $500 for a feature while I may not consider the same feature worth $500. It's practically impossible to give an absolute, objective value for an older laptop.

Therefore, I think it would be fair enough to give a 12" for 12", 15" for 15", 17" for 17", dual-core for dual-core, and a tablet for a tablet. More than that would be too much to ask for...and not realistic.

Just my 0.02...

 

You can put the tracking number on fedex.com to see if it's delivered.
According to the web site, you should expect to wait for 6-8 weeks before getting the replacement...

I already got the upgrade components (P340 CPU and 8GB ddr3 sodimm)...
But I am prepared to wait for a good 2 months...

 

Also a google search linked to your message here.

 

Maybe their going to make an eu37 just for us. Instead of a DVD drive it comes with a thimble so you can spin the DVD on one finger and stick your other finger in a usb port.

 

And a 10.1" screen that emulates a 12.1"

I found some 27 series T101MTs that only have 1024MB ram but seems the 27 has a larger HD. I think only the EU17 was sold in the US. The others with Home Premium, larger HD, and bluetooth sold in Europe and Asia.

 

No, they are not making it up. The EU37 is obsolete and it appears it was replaced by the more expensive EU17 and EU27. Here is an old link to the EU37.

Although not a major leap, this appears to be a small improvement over the EU37 model. No matter how you slice it, there's nothing to be glad about. The Asus netbook is not a satisfactory replacement for a tx tablet and it does not comply with the settlement provisions.

 

Seeing how Ted Frank is only legally representing the Original 5 plaintiffs . Does the rest of the class have the right to sue Milberg for wrongful administering of a court order ?

 

after getting the old one? i wonder what takes so long to do that?

 

They want to see how many they need so they can get them even CHEAPER.

 

They need time to eBay your old computer to get the money to pay for the new 1/4Th a computer your getting for a replacement.

 

Did anybody out there put in a replacement claim even though their computer is still working? How long have you had it and has it been repaired before?
I'm just curious because mine worked ok for 3 years and two months before it crapped out.
Thanks.

 

Sheesh!

ASUS motherboard box transforms into PC case | ZDNet

Don't tell Milberg!

 

Aaaaahahahaha!

Yeah, they'd be on the phone in an instant: "Hey, 'ya got a cardboard laptop, by chance?"

 

That is the one that I saw. It is not a T101MT, it is a 1001PX (not a tablet) That would be a major step back. Not the direction we would like to see. When I first saw the change I thought their might still be hope.