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

Ha ha! I was looking for some reference back a while in the forum, and found this: Ted Frank, 2/27 on what Milberg and/or Nvidia might come up with in their response to the motion to enforce the settlement:

"I won't be surprised if we see a quack expert claim that a CQ-56 is equivalent to a much more powerful laptop."

 

Not all the declarations that we collected were submitted to the judge: we don't want to bury the court in paper, so we picked a handful of people who illustrated specific points we wanted to make about the settlement administration and the shortcomings of the replacement computers. (Submitting 100 declarations would have just provoked the response "They had only 100 declarations!" Same for 500, etc.) If you see your name cited in the reply brief, we provided your declaration to the judge; if not, we thank you for increasing the universe we had to choose from.

You already have a fair settlement, it's just that NVIDIA isn't living up to it. For that, final word still rests with the judge.

But I do want to thank my clients and all the people who volunteered their help. There were some great ideas out there that made it into the brief. And my clients on this case, especially jtfrommer, performed more legwork on this case than all of my other clients the last two years combined; we couldn't have gotten this far without them. If justice prevails and we win, I'm going to ask the judge to make NVIDIA and Milberg pay jtfrommer for his time.

 

Thanks for the compliment Ted, but it was truly a valiant collective effort.

But most of all, if we did not have you, we would be up the creek without a paddle.

When we win, can we all write to Judge Ware and ask him to takeaway a large portion of the fee from Milberg and give it to The Class Action for Fairness?

We need more lawyers like you, not the others guys out to line their own pockets.

 

"When we win, can we all write to Judge Ware and ask him to takeaway a large portion of the fee from Milberg and give it to The Class Action for Fairness?" Jtfrommer quoted and I agree 100% and also with giving to Jtfrommer for everything they have done! Everyone here has been wonderful and so helpful. It is nice not only to share our frustration but help one another in an injustice like this. We need more people like all of you to make a difference. Mr. Ted Frank I respect you so much for all that you do, it's nice to see someone stand up for doing the right thing!

 

I received a response that I could remove the hard drive from my HP when I send it in for a replacement claim. I'll be sure to include copies of the email once the dust settles and we have a better idea of how the replacement issue will be handled.

 

I would also like to thank EVERYBODY for their help and support. I read through the latest brief, to me it is very clear, concise and to the point. I know a lot of you actively participated in one way or another to get us to this point. Thank You.

Collectively WE have done 13,000,000.00 worth of "work" in just a couple of weeks.

Ted Frank, Thank You for taking up our cause, I will have to temper my
future statements about lawyers because of you.

Kevin, I am glad you were on our side! Thank You

 

I also would like to thank " OldMajorDave " for the all nighter that he put in to help us.

 

sorry its back up!

 

It's good to hear and see all the "Win Win" attitudes...Do we have any Cheerleaders out there?

 

This is a great white paper NVIDIA explaing the benefits of dual-core over single-core for mobile devices. I wonder if Nader read it before coming to his conclusions on the Asus.

http://www.nvidia.com/content/PDF/t...-Multi-core-CPUs-in-Mobile-Devices_Ver1.2.pdf

A big thanks to all those on this site who contributed to the cause. And hats off to Ted Frank for an excellent job putting it all together and getting it ready for Judge Ware. 13 Days and counting...

 

Please advise... Should I wait to select the replacement option and/or wait before I mail mine in? The settlement could get amended and we might have a better laptop or tablet to choose from? If there's little or no chance, then I want to send mine in sooner before the value of the replacement drops even more (so I can start getting use out of it sooner). (I got my approved replacement form a few days ago.)

Also, I plan to remove the HD. Think it's okay to keep the a/c adapter or battery or both? I don't want to risk some delays and everything, but I do own another HP and the battery and adapter fit it, so that's worth around $15-$30 to me if I can keep those... want everything I can get/keep from HP... LOL. But would be sucky if they contact me and say I have to mail them in and pay shipping later on.

Wish I had excluded myself from the settlement, ugh, I was conned, pretty sure they originally claimed the replacement would be a relatively recent model tablet!

 

The claim forms, websites, and approval letter does not indicate any contact info. they just point to the website Q&A. Who can we email to document that we can keep the harddrives?

 

Business Name: Milberg, LLP
Jeff S. Westerman, Esq.
One California Plaza
300 South Grand Avenue, Suite 3900
Los Angeles, CA 90071

Bus Phone: 213-617-1200
Email: [email protected]

 

Thanks shasta7... I'm an idiot, just went back to the nvidia litigation Q&A and now I see a phone number and address for the administrator. Am i going blind or was that information not there 4 weeks ago? the answer is most likely I'm just an idiot.

Nevermind, the phone number is just an automated audio version of the website. useless.

 

As they're not shipping replacements yet, sending in your notebook will not get you a replacement any faster, and may potentially exclude you from receiving something better.

 

When you call the 800 number, enter "0" to talk to someone there.

 

Thanks wolfman-iraq.

Just for those who have HP notebooks and are still wondering about the harddrive and memory. The operator said that we are allowed to remove the harddrive, but not the memory.

 

Asus EEE T101MT=EU37- BK Netbook specs:
http://www.nvidiasettlement.com/pdfs/NVF_ReplacementSpecs.pdf

 

Setting aside our feelings of malice and contempt against Milberg and NVIDIA for the lame replacement models we've been offered, allowing us to keep hard drives is nice. Expecting to be able to part out the defective laptops to keep other things, such as memory modules, batteries, etc. is a bit much.

The shipping instructions make no mention of putting the AC adapter in the box with the laptop. So, unless you're paranoid about getting shafted--and with good reason based on the behavior we've seen thus far--there's probably nothing to stop someone from keeping the AC adapter. If they wanted the AC adapter sent with the laptop, I'm sure they would have mentioned it. They most likely have a plan in place where some outfit is buying all the salvage, and the salver probably does not care about the AC adapters.

 

Finally, proof that the Asus isn't like or kind and similar in value for the TX1000. Wheres the LightScrive Optical drive, No remote Control, No touch screen or stylus and only 10.1 " not 12.1" display, Intel Atom CPU N570 @1.66 GHz, only 1 GB DDR 2 memory, no finger print reader.

Thanks but NO thanks

From Intel Newsroom 3/1/11

Today, Intel announced the dual-core Intel® Atom™ processor N570, providing netbook users Internet access on the go and a more responsive experience in the same compact form factor and great battery life as single-core Intel Atom processors. Running at 1.66 GHz, these processors support four threads, with 1 MB of L2 cache, 8.5W TDP and DDR3 667, helping spur further innovation around netbooks and other devices requiring the low power goodness of Intel Atom architecture. Systems based on the dual-core Intel Atom processor N570 are on display this week at CeBIT from ASUS, Lenovo and Samsung, and will begin shipping in March.

 

ATTENTION
nvidiasettlement.com tampering with website evidence.
They have altered their wording in what was promised to us!!!!​

Website before below:

9. What does the settlement provide?
NVIDIA has agreed to provide a replacement of the NVIDIA GPU or MCP to Class Members who purchased certain versions of some Dell, Inc. or Apple Inc. notebook computers that contain an NVIDIA chip and who send in a valid Claim Form and appropriate supporting documentation. NVIDIA has also agreed to provide a replacement HP notebook computer to Class Members who bought certain versions of some HP notebook computers that contain an NVIDIA chip and who send in a valid Claim Form, appropriate supporting documentation, and (if the Claim Form is approved) their eligible malfunctioning HP notebook computer. The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer.

Website today after administrators tampered/altered:

9. What does the settlement provide?
NVIDIA has agreed to provide a replacement of the NVIDIA GPU or MCP to Class Members who purchased certain versions of some Dell, Inc. or Apple Inc. notebook computers that contain an NVIDIA chip and who send in a valid Claim Form and appropriate supporting documentation. NVIDIA has also agreed to provide a replacement notebook computer to Class Members who bought certain versions of some HP notebook computers that contain an NVIDIA chip and who send in a valid Claim Form, appropriate supporting documentation, and (if the Claim Form is approved) their eligible malfunctioning HP notebook computer. The replacement notebook computer will be of similar kind or value as their eligible malfunctioning notebook computer.

Did anyone else notice this?
How deceitful and dirty do they plan on getting

 

Seems N570 is just $10 more than the single core.

No video card with dedicated video memory
Windows 7 starter

---> POS

:confused2:

Windows 7 Starter does not include:

* Aero Glass, meaning you can only use the Windows Basic or other opaque themes. It also means you do not get Taskbar Previews or Aero Peek.
* Personalization features for changing desktop backgrounds, window colors, or sound schemes.
* The ability to switch between users without having to log off.
* 64 bit version
* Multi-monitor support.
* DVD playback.
* Windows Media Center for watching recorded TV or other media.
* Remote Media Streaming for streaming your music, videos, and recorded TV from your home computer.
* Domain support for business customers.
* XP Mode for those that want the ability to run older Windows XP programs on Windows 7.

 

Ted Frank I have read your brief several times over it just made me smile! What a fantastic job.

jtfrommer I know you are a very humble man but you are just awesome.
Together you guys are sweet harmony and I thank you again and again!

All of us have done a great job as a team here(((((((((group hug)))))))))))))

 

We don't care. They do their job, we do our job.

 

I guess by them changing the wording, just validates we are right and they are trying to cta!

 

Why did they wait until after the claim phase to post the actual specs of the replacement computers? And why update the language in the FAQ now? Seems a bit fishy...

 

Probably because there would have been even more disgruntled class members than there are now. And, I'd be willing to bet they were not expecting their scam to be foiled by the likes of Mr. Frank and the Center for Class Action Fairness.

This smells more like feces than fish to me.

 

Hi All,

I suppose with 30,000 claims, thatś some business for Asus. Who knows with these attorneys behind the hearse how could you choose a model WITHOUT KNOWING THE SPECIFICATIONS. Fishy for sure. With all the things going on in the world today I still feel confident that the judge will see through this. How did these, Milberg (yuck) LLP get the right to defend us? I guess they´re upholding their, ¨reputation¨, or whatever you call it. Even though these are still, ¨netbooks¨ and not ¨tablets¨. As well as the 17¨ laptop owners we have yet to be acknowledged in this class settlement. It is too bad that I did not find this site a bit sooner. Milberg updating their website, that isn´t the first time. They had originally posted that ¨most/some¨ would be replaced with the Compaq CQ models. That´s when I called them and was told they where still in ´negotiations´.

How could that 15¨ entry level laptop be a replacement for what I had? A 17¨ laptop with many bell´s and whistles. Not fanciful technology just some nice features.

Oh yeah, ¨We´re still negotiating that, thank you.¨
What an uneasy feeling I had hanging up the phone. The woman I spoke with at Milberg had this arrogant way about her. A week previous Nvidia had returned my call about the settlement. The gentleman on the phone sounded very accommodating. I had asked him if he had any idea what kind of computer was to be offered he said, ¨The computer you receive will be better than the one you had.¨ He informed me that they were just writing the checks and nothing to with the settlement except that.

When I was on the phone with the woman from Milberg she just about cut me off mid sentence. ¨Ḧe´s not allowed to say that.¨ I thought to myself ehh... Ok... I suppose these people will do right by me, they´re professionals, right? It only makes sense they screwed up now it´s time to settle the issue. Seeing the twists and deceitful tactics by our ´defense left me a bit surprised. Looks like the sun may be there after all.

Thank you Ted for the hard work! Hope some nice surprises come your way.
I´d be happy to say this under oath.

 

What, no HDD or operating system? Is this why they (Milberg) are telling everyone they can keep their HDD.

 

If you look at the actual settlement document - the legal court document - it uses both versions; it changes from one sentence to the next.

Bottom of page 10, top of page 11

"2.6 The Parties recognize that the HP models included as Class Computers ......Therefore, a replacement computer of like or similar kind and equal or similar value will be provided to the consumer at NVIDIA's expense. The Parties will meet and confer in good faith and agree on a suitable replacement of like or similar kind or equal or similar value."

 

I just found out (how convenient, a day late) that a friend of mine has one of the affected HP notebooks. She never received any sort of notice in the mail or anything regarding this class action suit.

Even worse is the fact that the motherboard on the system failed once in warranty then once out of warranty and the paid the out of warranty fee for repair.

What are her options? Filing small claims against HP?

 

This sounds VERY clear. Something that has NOT YET done.

 

Folks-

I have posted a revised online declaration form for people who either MISSED the claim filing deadline or MAILED IN their notebook/tablet.

If you belong in either of these categories, would you complete the form asap?

FAIRnvidiasettlement Declaration Link

 

First, thanks to every one involved that are looking out for consumer's that got "badly-banged" by HP.
Second, what is the bottom line right now ?

 

Was this document available before the end of the actual opt-out period? That's fairly important information.

 

While this information could help our cause, I think what is more important is what is stated in the claim notice and on the website (originally). This is the information that the everyday claim member would see. The claim notice itself uses the "AND" language 3 times and never uses the "OR" language. I hope the judge wouldn't say that the "OR" language is justified if it was only mentioned one or two times in an obscure legal document that most claim members were unlikely to read (it might have been after the opt-out date too, I'm not sure).

 

Quick question for those who have received their approval letters... I've heard a few of you stating that you have to select your replacement option. I had a DV9000z, so maybe that's why... but I have read this document through multiple times and nowhere does mine say WHAT will be my replacement. It only states "You have been approved to receive a replacement computer". Did earlier versions of this letter include a reference to the actual Compaq machine?

Just asking, because I was wondering if they changed the verbiage on more recent approval letters.

 

This is my approval letter

 

Guys just my two-cents: I still think the whole idea of replacing with similar kind or similar value suxs! and is a distracting from the real solution: a refund. Two points: 1) I spent about $700 for my laptop w/ webcam, remote control, etc. Basic fact is, I would've spent it somewhere else if I was able to foresee the future. They wouldn't have a single dime from that $700. In fact, i wonder how much interest they earned with our money, while we are trying to get depreciated value of our defective product (ignoring a ton of intangible costs).

2) what could I get with that now? It's obvious that value of technology drops quickly with time. However, new products replacing the old that serve the same market are always priced within the same range. Its value is relative. i.e. $700 will buy you something fairly decent and $1000 will buy you something awesome as viewed during time A. Several yrs later, $700 will still buy you something fairly decent and $1000 will still by you something awesome as viewed during the new time B.

Anyhow, I know we're not getting our money back. Just wanted to vent a bit. This is why I love shopping at Costco. You can return pretty much everything for your money back.

 

I'm pretty sure if they announced a "money back" settlement, the expected claim rate would be much much higher than 0.5-1%.

 

Exactly.

There was a reason why NVIDIA and Milberg repeated this "similar in kind or value" ad nauseam in their reply to Ted's initial filing.

You can actually count how many times they used "AND" prior to Ted's filing vs. "OR" after Ted's filing.

If I wasn't part of this class action, I would actually find it pretty amusing

See my posts here1 and here2.

For them to change the FAQ section JUST AFTER submission period closed, and to make it look like if it was always there, is as Mr. Fox said like smelling "feces".

 

I forgot to mention, Thank you everyone for your hard work. Maybe the little guy will come out victorious this time.

 

One more note on this:

Google "nvidia settlement" and click on "cache" hyperlink for the the 3rd search result (nvidiasettlement.com/faq.html).

Google crawling is not instant on most cases so the "old" copy is still out there. Make a note of date and time when you retrieve this "old" page.

Print it out for safe keeping.

I hope someone is found guilty of contempt and goes to jail.

 

Here's a link to a thread for "how to file a small claims" against HP:

HP Lies: The nVidia Defect

Hope this helps. But you might want to stay posted here until after the March 28th hearing, just to see what happens in court before going to small claims court.

 

The owners of the HP Pavilion Tx1xxx tablet computers (ONLY) have an option to choose between the two replacements being offered.

 

That's interesting, a DV2410 replacement, I don't know how much you paid for your notebook but I bought my daughter aHP Pavilion dv9000
for way less than a $1000., my tx1000 cost + $1900. Here is the info I just got on the dv2410: Replacement>dm4-1160us special offers and deals Free standard shipping on this item Save $130 with instant rebate Save $130 with instant rebate off 3yr House Call with ADP Care Pack when purchased with a Pavilion dv or dm series quick ship laptops. See price in cart. Save $70 with instant rebate off 2yr House Call with ADP Care Pack when purchased with a Pavilion dv or dm series quick ship laptop. See price in cart. Save $40 with instant rebate off 2yr House Call Care Pack when purchased with a Pavilion dv or dm series quick ship laptop. See price in cart. Save $20 with instant rebate off 2yr Pickup and Return Care Pack when purchased with a Pavilion dv or dm series quick ship laptop. See price in cart. Save 15% on select accessories when purchased with a quick-ship PC Save $40 with instant rebate on any printer greater than greater than $69 with same day purchase of any Laptop or Desktop (not combinable with other printer offers) Save $80 with instant rebate off 3yr ADP + LoJack Care Pack when purchased with any Compaq, HP G Series, or HP Pavilion dv or dm series quick ship Laptops. See price in cart.
More offersFewer offers
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It seems that I am being offered much less of products.

 

I've been lurking for quite awhile, after finding this thread while searching for solutions to the failure of my HP dv2125. I filed my replacement claim on 30 JAN, and received a claim approval letter last week, but choose to wait for the outcome of Mr. Frank's (and others) efforts before shipping off my shiny piano black brick.

Perhaps this has been mentioned before and I missed it, but the our class counsel, aka. the Milberg firm, has been involved in ungood lawyering practices before...

From: Milberg Wikipedia Entry

Legal issues involving the firm

"On May 18, 2006, the firm and two of its named partners, David J. Bershad and Steven G. Schulman (Schulman resigned in December 2006), were indicted by United States Attorney Debra Wong Yang of the United States District Court for the Central District of California on various counts, including racketeering, mail fraud, and bribery. The charges include claims that Milberg Weiss paid portions of its legal fees to plaintiffs in order to induce them to sue. By January 2007, more than half of the firm's partners had left the firm. As of June 2008, the firm's website lists only 53 full-time attorneys (29 partners and 24 associates).

On June 16, 2008, U.S. prosecutors in Los Angeles dismissed the indictment against the firm, under a non-prosecution agreement, and a statement by the government that “no attorney currently a partner or associate with Milberg LLP is criminally culpable” with respect to conduct charged in the indictment. Milberg agreed to pay $75 million to settle the charges.

However, four longtime Milberg Weiss partners pleaded guilty to federal charges, including Steven Schulman, David Bershad, William Lerach, and Melvyn Weiss. Melvyn Weiss pleaded guilty in exchange for an 18 to 33 month prison sentence and fines and restitution of $10 million. Lerach was sentenced to two years in federal prison, two years' probation, fined $250,000 and ordered to complete 1,000 hours of community service. Bershad paid $250,000 in fines and forfeited $7.75 million. Bershad was sentenced to six months of incarceration in October 2008. Weiss was sentenced to 30 months of incarceration on Monday June 2, 2008. He was released in February 2010. Bershad was released from custody on July 2, 2009, and Schulman was released on July 10, 2009. Lerach was released on March 8, 2010."

 

Nice to know who your bed partner(s) is/are. From what we have seen so far, they are living up to their reputation.

 

This is not intended to diminish the many fine complaints against NVIDIA or, in particular, Milberg -- but in my opinion the specs as described for the T101MT-EU37-BK (above) are already a significant improvement over the T101MT-EU17-BK that was originally selected. This is a dual-core (but yes, still Atom) machine, improved HD, and includes a webcam. I think we can safely assume that it still has tablet functionality, including multi-touch. And it's not clear if it's running Win 7 Starter or not -- so we can hold out the slim hope that it has Home Premium, at least.

Don't get me wrong, I know that there are still big gaps in terms of overall processing power, screen size and resolution, optical drives, bluetooth, possibility for expansion, etc etc -- and I would still not consider this similar in kind and value to the tx1000x that it would replace -- but it's definitely a non-trivial step forward and I think that everyone's efforts here, including Ted Frank, deserve some (perhaps all) of the credit for that.

 

One more note on this:

Google "nvidia settlement" and click on "cache" hyperlink for the the 3rd search result (nvidiasettlement.com/faq.html).

Google crawling is not instant on most cases so the "old" copy is still out there. Make a note of date and time when you retrieve this "old" page.

Print it out for safe keeping.

I hope someone is found guilty of contempt and goes to jail.

Where have I seen this before That's right, I wrote it.

__________________
If you MISSED the claim filing deadline or MAILED IN their notebook/tablet, would you complete the form asap?

Declaration Form ? FAIR settlement - NVIDIA Defective GPU litigation


From: Milberg Wikipedia Entry


Snake in the WOOD PILE, Snake in the WOOD PILE !!! :yes: :yes: