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

Jon Peddie Says: "The NEW EU37-BK is faster and with more updated featurs than the EU17-BK." So if you looked at the EU17-BK model,it should give you a close idea of what you'll be getting.

 

I see. I tried to google it, but there are only the 17 or 27 models. Seems like the 37 model isn't even out yet or something?

 

Several years ago, before our "old and worn out" laptops were even new, there was a study that used an electron microscope to detect overlapped signals on drive platters.(ie bits) Gutman proposed that each "bit" be overwritten 35 times to account for overlap. This is not to say that the "data" that was detected was in any way coherent, just that it was detected.

Newer drives with higher data density means much more accurate head placement. Even the Department of Defense specifies that non-classified data be overwritten only 3 times. First by 1s then by 0s then by random sequence. Of course drives with classified data must be destroyed so take that for what it is.

In my experience a single overwrite is enough to foil most methods of recovery. It may not be enough if it is sent off to one of the clean room recovery specialists and pay $$$$ 10s of thousands. It should be enough to keep the eBay HD buyers from getting your info.

I run it 3 times just so I feel all warm and fuzzy.

Results vary, batteries not included.

 

If presented right,maybe the Judge will see through Jon Peddie and give him a year in jail for lying. Maybe he'd think TWICE before he drives off into the sunset again. When one makes $500.00 an hour or what ever he charged, it has a tendency to cloud ones judgement.

 

We are sending out additional declaration requests to people who completed the second version of our online form, [a004].

If you have completed the [a004] form, please check your email box as we need you to complete and return your signed declaration before Sunday is over.

Thanks!!

 

Mr. Peddie might not be lying. I think that he was given the job of answering the wrong question (probably on purpose), and he is trying to cover his rear-end now. Remember, he is providing an assessment and evaluating computer specifications with a goal that is contrary to what was in the actual NVIDIA settlement... the whole problem with the use of the word "or" instead of "and", and dropping the initials "HP" from a key part of what was approved in the settlement.

The following statement is somewhat true (From document 355 section 14, Mr. Peddie)
"I Conclude that the proposed ASUS replacement model is similar in kind or value to the HP Pavillion Tx1xxx tablet computer"

The following statement would have been a lie. This statement was not actually made by Mr Peddie, but if he had lied while answering the right question, it would have looked like this...
"I Conclude that the proposed ASUS replacement model is an HP computer of similar in kind and value to the HP Pavillion Tx1xxx tablet computer"

The problem is not that he is lying, but that he was asked to do the wrong thing and find a computer that satisfies the incorrect definition of what's in the settlement.

 

Got ya, But doesn't HP make the Asus in their factory in (removed) Company or China ? Also maybe they (nVIDIA) forgot to tell Jon Peddie that both units have Intel GPU's. I bet in Jon's mind that would make a real value increase over the nVIDIA GPU. I'm sure that nVIDIA won the Billion dollar lawsuit against Intel because Intel didn't need to copy nVIDIA's chip design because theirs was better. Right ? So now we're getting Intel chips with Nvidia design because Nvidia is taking them in trade for some of the money Intel owes them and then pawning them off on US.

 

Laptops
Laptop reliability survey: ASUS and Toshiba win, HP fails
By Vlad Savov posted November 17th 2009 11:09AM
Boy, do we have a nice slab of data for you to sink your teeth into today. The 3-year service history of more than 30,000 laptops has been pored over, analyzed, and reduced to gorgeous comparative charts, which you know you're dying to know more about. We should note, however, that the service was provided by SquareTrade, whose primary business is selling extended warranties, but that shouldn't completely prejudice us against reaching conclusions on the basis of the presented facts. Firstly, netbooks have shown themselves to be on average 20 percent less reliable than entry-level laptops, which in turn are 10 percent more likely to break down than premium machines. In other words, you get what you pay for -- shocking, right? The big talking point, though, will inevitably be the manufacturer comparison chart above: here ASUS and Toshiba (rather appropriately) share the winners' spoils, while HP languishes in the ignominious last place, with more than a quarter of all laptops expected to suffer a hardware fault of some kind within three years. So, does your experience corroborate / refute this info? Keep it gentlemanly, okay?

 

If they want to give me an asus might as well give me a ul30vt instead of the t101mt j/k.

But that chart doesnt explain what component fails? I'd like to know what parts are failing in the netbooks. And I know with an HP, anything and everything is expected to fail in one way or another.

 

I think the "AND" just makes it easier to prove our case, as we just need to show that the computer is not of like kind OR of like value. Your argument makes it sound like the proposed replacement computers satisfy one of these criteria. I don't think the proposed replacements satisfy either of these criteria for the large majority of the original laptops.

• Kind - A subnotebook/netbook is not a tablet PC. A 15" economy laptop is not a 17" entertainment PC.
• Value - I'll assume that value is evaluated using price. The CQ56 is sold at Best Buy for $329.99. The cheapest non-refurbished 17" laptop at Best Buy is $699.99. Similarly, the Asus EEE T101MT-EU27 sells for $448 while the HP Touchsmart tm2 (per Wikipedia this is the replacement for the tx1xxx) sells for $937.

As someone that has participated in several computer-related trade studies and knows first-hand the type of analysis PhD's are capable of, I don't think there is any way that Peddie or Bagherzadeh can honestly believe that that the computers are equivalent. I think the only way they could possibly justify their conclusion to themselves is using the argument that the new computers come with a warranty. This sounds great, until you realize that it'll only help 4.7% of people - so it provides ZERO value to 95.3% of the HP claimants.

 

Maybe you already knew this, but this is the same study and graph mentioned in Peddie's Declaration, Exhibit B. I'm not sure what you're pointing out from the article. The data and conclusions in the SquareTrade study seem reasonable to me.

 

At least my Three Sony Vaio's are right there with Asus and Toshiba. I'm Glad that I switched and as soon as we get this settled, I'm outa here and Done with HP, ASUS, and TOSHIBA.

 

Check out Exhibit A in Peddie's Declaration.

For notebooks, screen breakage used to be the single-largest source of failure. However, over time, notebook manufacturers have improved designs significantly to reduce screen breakage by adding structural rigidity to the notebook casing and screen bezel as well as by providing a greater clearance between the screen and the keyboard when the system is closed. Currently, the top sources of notebook failures on systems less than 2 years old are:

• Motherboards and hard drives (tied for first place, each ranging between 25 percent and 45 percent of total hardware failures)
• Chassis, including latches, hinges, feet, case cracks
• Keyboards, with keycaps falling off or getting discolored, and spilled drinks seeping under the keyboard
• Screens

Other notebook components likely to fail include alternating current (AC) adapters, batteries, and touch pads.​

 

My hat's off to you for this one. :wink:

 

I was having a brain fart. I didn't realize I was being redundant.

 

"hammer" means "make the laptop has no resale value".

 

i just received approval for my claim for dv9000 replacement. the question i have - should i wiat to send it in - in case there is a better computer offered later?

 

Yes, You should wait! Hearing is March 28th and you have until July to return your laptop.

 

That's funny, My ex wife HAMMERED me in divorce court but my NEW wife still thinks I have VALUE. :laugh:

 

i am still HIGHLY amused that their key argument about the asus is the battery life....

even now, their argument from each declaration hinges on the battery life. my ipod has a 24 hour battery life. does this mean my ipod can do everything my laptop can? i mean, the screen is crisper than my laptop screen and it has wifi. "everything my computer can do", right?

...seriously....some of these people got bonked on their heads quite recently.

 

WOW! I was unaware that this is finally coming around until now. This should push for some better quality from the builders and hopefully everyone will be compensated.

 

1. I would like to have a written statement from them, so I'd rather email them to ask than to call their support line and talk to someone. But I couldn't find an email address in the settlement website. Do you happen to have an email address from them that I can contact and ask about keeping my HDD?

2. This hearing on March 28, there is no information about it on the settlement website. Where can I find more information about it? What is it about?

3. I have received the approval letter with instructions on how to send the defective tx1000 laptop through FedEx, but it only lists the ASUS netbook and the COMPAQ laptop. Do I have to refile another claim to be eligible to get a better replacement if they decide to change these two choices later on (i.e. after March 28)?

Thanks

 

look here for more info
Center for Class Action Fairness: Motion made in the NVIDIA GPU class action settlement

also click the link in my signature

 

Try these sites

Welcome to FairNvidiaSettlement.com

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

 

"Because the Asus TX101MT-EU37-BK model is a brand new, upgraded model,

there do not appear to be any publicly available published specifications yet. Accordingly,

NVIDIA obtained product specification information directly from Asus, which Orrick gave to

Class Counsel and Mr. Peddie. The specifications provided by Asus described the model as

supporting DDR3 memory. On March 10, 2011, Asus advised that the TX101MT-EU37-BK

supports DDR2 memory. I promptly updated Class Counsel with the new information."


Opps...no DDR3 anymore. Mr. Peddie, you can not make any story on the memory. Sorry.

 

This is the Class Lawyer that handled the case. We need to wait and see what happens on the 28Th
[email protected]
Telephone Support # 1-877-440-7557

 

There no way to send the phone-answering flunkies in the call center an email, and no way for them to reply to you by email.

Send an email to Jeff Westerman asking for permission to keep your HDD. That's what I did and someone from Milberg promptly sent me an email stating it was OK to do so. I printed that email and put it in the box when I sent my wife's dv6449us to NVIDIA, along with the bottom portion of the RMA letter.

I posted the reply from Milberg on this thread about a month ago.

 

This maybe a stupid question but as I have said I am not great with a lot when it comes to the tech stuff with computers. I am filling out the declaration and it ask for my serial number, is it the S/N # on the back of my laptop? Also trying to find my video card memory and the numbers I am finding are not like the choices it gives me. It says 512 shared or 512 dedicated and the numbers I find says total graphics memory 335mb,dedicated memory 64mb,system video memory 0mb and shared system memory 271mb. So what would my answer be, I don't want to mess anything up so I need some help.
Another thing my computer is starting again with the problems,if I reboot it a screen comes up about repairing after going through a scan type thing it says it can not be repaired. I have shut it off and go to start normal and it takes a good five to seven minutes for it to load Windows and restart.Sometimes just get a black screen with a yellow line on one side. I have just been leaving it on and closing the top then it will come back. The text on the screen gets really big anyone else had that happen? And of course the wireless comes and goes. I am trying everything to keep it working as long as I can. I hate being without my laptop! Everyone has been so great here I must say thanks again.

 

Did you file your CLAIM yet? If not, go here now and file your claim. Today is the LAST day.

I have disabled the online declaration form so that people can concentrate on filing their claims which should be THE TOP PRIORITY.

 

Goldee25, you should create a signature with your system information so people on NBR forum can know how to respond. Since you did not say what model you had, it's impossible to know what to tell you about your video memory. If your system is having problems booting up, go to the hp web site and look up the specs for your model. (As an example, look at this page.)

Your serial number is on the label affixed to the underside of the chassis base.

EDIT: as jtfrommer just pointed out, anyone visiting this thread today should concentrate on filing the claim. If you haven't done it yet, today is the last day you can file. If you don't file today, you'll get nothing... not even the lame Asus netbook, or the wimpy CQ56 budget notebook.

 

In addition to claims filing deadline, Ted will be filing his response to Milberg / NVIDIA today.

Not sure when it will be posted, but check our his site often today: The Center for Class Action Fairness

hot off the press! 3 files have been posted.

 

Awesome, thanks for the update. I found both the legal document and blog post released today by Mr. Theodore Frank very insightful and encouraging as a class member.

Let's hope "the Court exercises its broad equitable powers to interpret the consent decree and issue an appropriate order requiring cure of the breach of the consent decree and this Court’s Order."

How can I act to support the "REPLY IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT AND CURE BREACH OF SETTLEMENT AGREEMENT"?

To see my HP tx1115nr tablet replaced by an Asus Asus EEE T101MT-EU37-BK is very "unsettling" to say the least!

Thank you

 

I just read Mr. Frank's reply. It makes perfect sense to me, so hopefully it will to the judge too!

 

No time to rest until March 28th.

Best way to keep up the pressure is to get local or national media coverage.

If you have any social connections with TV people, please ask them to look into this.

 

Goldie,
Yes, the S/N on the bottom of your laptop is the "serial Number". I'm not sure about the "video card"..

 

Great response from Ted

 

TED FRANK FOR PRESIDENT !!!!!! :yes:

 

Thanks for the updated posting. Just read it, and Thank You Mr. Frank, truly a great job.

 

I just sent an email to Mr. Westerman (Milberg), about keeping the HDD. The following was his/their reply dated 03/14/2011:

Westerman, Jeff to me
show details 3:43 PM (1 hour ago)


Ron- for a replacement claim you may remove and keep your hard drive.
Glad this helps.

 

I just sent an email to Mr. Westerman in regards to keeping the hard drive from my dv9000 - I'll post the results once I find out the response.

 

Just read the response,,,, another awesome job by Mr. Ted Frank and all that has assisted. Truly a great response, thank you!!

 

Just read the brief. It was excellent. Ted Frank ROCKS.

 

EDIT: Ignore, read something wrong

 

Great job on the latest filing, Mr. Frank and all those who helped. I'm glad that you were able to find an expert whose credentials matched/surpassed Bagherzadeh's and who provided a concise, understandable, deductive argument.

 

I would also like to thank Mr. Ted Frank for a job well done! I would also lke to thank Mr. Kevin (JTFROMMER) for all he has done to help us! And please, if you can, say a little prayer for the good people of Japan and visit FAIRnvidiasettlement.com - DONATIONS tab to make a relief donation.

GOD BLESS OUR TROOPS! GOD BLESS THE UNITED STATES OF AMERICA!

 

TED FRANK IS MY HERO! I am really confident about this now and I hope the best for all of us classmembers who feel that, as Bruce would say; we have gotten the rat's donkey!

Also thank you to Shasta, Mr Fox, and others that gave information about small claims and HP. I will be entertaining this notion but hopefully It won't matter in two weeks or so.

**Warming my palms back and forth with a half smile and eyes blazing**

 

Hello jtfrommer,

How would one know if a declaration that was submitted made it in time to be presented to the judge? And is there a way to have a digital copy of the declaration?

I would also like to thank everyone involved in getting the Class Members, specifically the HP owners, a fair settlement.

 

I find this interesting: http://www.engadget.com/2011/03/14/asus-eee-pad-transformer-passes-through-the-fcc/ and http://www.youtube.com/watch?v=jZYMS-KpVCc&feature=related