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

jt, I have the faq's saved; Jan. 19, Feb.6 & Mar. 5 if you need them, just say so.

Even though I'm not a HP owner I've been following this thread with great intrest, for once I'd like to see the 'little guy' win. My hat goes off to you, Ted Frank and all the other's fighting for what is right.

 

Does ´Netbook´ = ´Tablet´? Are you aware of the functionality? How about the group that purchased a 17¨ laptop. I belong to the 17¨ entertainment/business class mine cost just under $1000. And that was a deal.
- Firewire
- Webcam
- Dual Core
- Two drive bays (necessary for what I do with this)
- Lightsscribe cd/dvd Rom drive
- Remote Control
- Memory Card Reader
- Expansion Port
- Docking Bay Option
- 3 Usb Ports
- SVGA Out
- S-Video Out
- PC Card Port

Offered an entry level ´&$%mart´ special with single core, close to zero functionality. It broke, no help from HP. Disabled laptop. Pardon me if I am being slightly confrontational. Are you for real?

- Believe the tx**** models had many of the options listed above. True tablet laptops

 

From what I understand, Windows 7 Home Premium requires 2gb of RAM to run well. As the eu37 only ships with 1gb RAM, I don't think it will have Home Premium. Feel free to correct me if this is wrong info. But you are right, this is a step in the right direction. Worst case scenario: I can sell this on ebay for a few more dollars than I would've gotten for the eu17- and put the money towards something I can actually use!

 

Am I for real? Huh? First of all, I was addressing the update regarding the Asus, which only applies to those of us with the tx-whatever laptops. So while I feel your pain in that this update doesn't help you any, comparing your PC with the Asus netbook doesn't make any sense. (And yes, the declaration indicates that this netbook is a tablet -- which I interpreted to mean that it is a netbook that can convert to a tablet-like form factor and provides touch/multi-touch input capabilities.) Secondly -- my overall point is that they are already improving the offered replacements and that that was a tangible sign of progress -- I didn't say that I felt this was a fair resolution, and I explicitly stated that it wasn't of like kind and value. So -- please -- back off.

Yeah, that's a good point -- I tried googling and it sounds like Microsoft claims that minimum RAM for Windows 7 (32-bit) is 1GB, regardless of edition, but clearly more RAM would be a better sign. Well, when I said 'slim hope,' I meant it -- if I were betting, I'd put my money on starter edition.

 

Let's calm down here guys.

i just got on today to check the website and just heard about the sneaky switch they tried pulling. now, i'm not usually a politics guy and am not very well-versed in court matters, but is this not illegal? HOW could it not be illegal to blatantly deceive affected class members like this? are they not just digging their grave deeper with this? this is a cover-up, plain and simple in my eyes. covering your like this only makes you look even MORE guilty.

when will people realize that once it is online, it STAYS online no matter HOW hard you try?

 

Hey Kevin Or Ted,
Do They Not Have to Legally notify the entire class of any material changes to the settlement?

Like changing models of replacement computers.

I guess further this would require a "reset" on everything to date, Ie: class notice, claims etc....

"Because their needs have changed"

just askin

 

Had an interesting thought last night- Should we (classmembers/Ted Frank/plaintiffs) be prepared for the counsel to ask us for a detailed list of what we think are suitable replacement's?

I hope I am not going over topics covered already (big thread) but I think maybe we should do some homework and figure out a specific list/lists that works well for all of us?

Maybe if Ted Frank and JT thinks this could be useful to our case we could each provide possibly three different replacements most closely related to your affected computer (within reason of course) also stating comparison specs vs. your particular affected computer.

After we all submit our comparisons Ted Frank/JT and or AN ACTUAL COMPUTER PROFFESIONAL could compile a list that everyone would be happy with.

Just an idea but I think that if we do well in court this question will come up somewhere- or I could be mistaken..

 

I'm not qualified to make statements on any legal stuff but those changes were made AFTER the claim filing period closed. Now why would they want to do that?

Anyway, it ends up being that they made 3 changes to the Settlement FAQ #9 and #10.

I've posted a screen shot in this post

Maybe there is a bright side to all this in that NVIDIA/ Milberg are so desperate that they are scraping the bottom of the barrel. And Rosenthal is an accomplice.

Here is one picture describing their latest actions:

 

That's Great!!!!!!!!!!!

 

I realize That But you do have Ted's ear.

 

These are some replacement suggestions for the 17" class members:

Dell Vostro 3700
http://www.dell.com/us/business/p/vostro3700/pd?oc=bqct7f52&model_id=vostro-3700

HP Elitebook Mobile Workstation 8740w
http://h18000.www1.hp.com/products/quickspecs/13543_div/13543_div.HTML

Toshiba Satellite P505-S8020
Toshiba Satellite P505-S8020 Specs (Core i3 350M 2.26 GHz, 18.4" TFT) - Laptops - CNET Reviews

Toshiba Satellite P505D-S8000
Toshiba Satellite P505D-S8000 Specs (Turion II M520 2.3 GHz, 18.4" TFT) - Laptops - CNET Reviews

MSI CR720 265US
MSI CR720 265US Specs (Core i3 380M 2.53 GHz, 17.3" TFT) - Laptops - CNET Reviews

 

I don't want to self-aggrandize and make myself out to be a person of any importance to anyone, including Ted, because I am not.

And I definitely do NOT speak for him when I write stuff, nor do I think I have his "ear".

I am just a small cog doing some minor work, providing some information on occasion because, well, I am pissed off at NVIDIA and Milberg (I guess you can add Rosenthal at this point)

I hope you understand.

PS. Props go to dv9000owner and OldMajorDave for their "major" contributions and everyone who stepped up and signed your declarations!

 

Correction -

Dell Vostro 3700
Vostro 3700 Laptop Details | Dell

 

Milburg and Rosenthal need to be removed at this point due to malfeasance and collusion. IMHO

 

Here's a replacement for you TX1000 dudes:

World's smallest Personal Computer unveiled | TopNews

Enjoy!

 

Now this is cool!!!

Fujitsu LifeBook TH700 12.1" Tablet Notebook Computer
Fujitsu LifeBook TH700 12.1" Tablet Notebook FPCM11801 B&H

 

I'm gonna go out on a limb and say that these aren't reasonable. There's only 1 HP and it costs well over $1000 from a quick search.

I think for the 14-17" notebook owners, we'd be meeting Nvidia and Milberg half way by accepting a new HP G-series laptop (G42, G62, G72): SERIES

Maybe not those particular models, but it would be a start. Ideally, we would be receiving a Pavilion Entertainment Notebook for our Pavilion Entertainment Notebook: SERIES (same link, click premium instead of g series)

However, we do have to factor in our computer's age to some extent, which is why I say the HP G-series is fair for both sides.

Tablet owners deserve the HP tm2t tablet: http://www.shopping.hp.com/webapp/s...=in_R329_prodexp/hhoslp/psg/lateralnav_tablet

 

In case you haven't heard, NVIDIA's CFO David White "suddenly resigned" but staying on until May 31, 2011.

I posted more info here.

Google "David White NVIDIA" for more news details.

 

Very Nice, that would be a nice option of choice.

 

I understand everyone has an opinion, and I have absolute respect for that. But, I must admit I am having difficulty understanding how anyone could still be enthusiastic about owning another HP product. I do agree that receiving a Pavilion Entertainment Notebook for our Pavilion Entertainment Notebook would be compliant with the settlement and the CQ56 is an inferior replacement in both kind and value.

Personally, I would prefer not to receive another HP product. I know it's unrealistic, but I'd rather have NVIDIA give me a Dell or Acer product in exchange for my wife's dead Pavilion. There will be no loyalty to HP coming from me. As far as I am concerned, their products are nothing but garbage.

I tend to agree with some of the other folks on this thread that as much culpability rests with HP as NVIDIA. I did not purchase anything from NVIDIA... it was HP that sold me a bill of goods. They did not take care of their customers, and accepted no responsibility for selling a poorly engineered product that was likely to fail even if the NVIDIA defect had not been present. The cooling system in my wife's dv6449us was woefully inadequate to properly cool any GPU. HP should have been keeping track of all issues and the list of affected models should have been complete. As we have seen from some that posted on this thread, it was not a complete list.

The fact that HP was not brought in as a co-defendant in this action just seems like one more indication that Milberg's representation of class members was inadequate and incompetent.

 

Ditto..I spent my money with HP, they wasted a lot of my time doing their
'dance' .. one night at about 10pm I get a call from a supervisor, at least
that is what she claimed to be, at least she did speak English, had kids
screaming in the background, no problem, no problem, on and on with
the bs, and I thought, how un-professional can they get ?

 

Now the CEO of "HP" needs to resign for being in Collusion with NVIDIA causing this mess instead of handling it the RIGHT way. They ( HP ) should have gave us a replacement or a refund (as in their Warranty) because THEY ( HP ) knew before NVIDIA that they were having problems with the video chip. Just by reading these threads showing that they ( HP ) made repairs under Warranty.
HP should have been the one who sued NVIDIA, not the class.
Somebody needs to SUE Milberg for NOT doing a better JOB of investigating before suing NVIDIA and not suing HP.

 

Firewire, USB, Camera, Video Out, Correct Monitor size. This machine looks rather nice to me.

Personally I would not mind an HP machine. I believe that this problem got out of hand. If all the features were present I believe that would be a proper substitution.

 

when last time you seen any company doin right thing, look at toyota they realy made evryone hate them thry tryed to make look like custumers was at foult

 

I submitted a purchase receipt with my claim.. Why can't they just give me my $980 back so i can get a laptop of value to my choosing....

I mean I had a receipt, just give me my money back for this POS DV9000NR.... Why do I have to let them pick a laptop for me?

 

I own an HP Pavilion dv9000 Entertainment PC and have already received my letter to send in my pc. I'm waiting to see what happens before I actually send it in. I hate the thought of settling for the pc they're offering.

 

In Toyota's case, It was the customer's fault. Their the ones that bought the Toyota's.

 

Thanks, the 15 inch g series seems to be fair replacement for my DV6305. Don't care about the lightscribe at all. Faster computer bigger hard drive more ram AND has a webcam

 

For a 17¨ replacement this model definitely has all the features including a memory card reader.

I believe there are/were some problems wit the G5/6/72 series. Can someone comment on this. There was a article posted. I´ll see if I can find the article.

Perhaps the G5/6/73 has the features that would make this an adequate replacement?

The DV6 DV7 looks much more adequate for an HP machine.

 

Yes. It was. I predicted that would be the result a year ago, and NHTSA and NASA bore me out. "I am not afraid of my Toyota Prius" | Op Eds | Washington Examiner

 

The Dell Vostro 3700 is a great machine. It even has an aluminum chassis, versus plastic. For $700 it's a great deal and beats anything HP has to offer in the same class. To get a look at how it's built, here is a link to the service manual.

I submitted a receipt also, and it's highly doubtful we will see any refunds as part of the settlement, even if things improve after March 28. But, if that were within the realm of possibilities, I would be purchasing this system and have a little bit of change left over.

I hope the settlement process accelerates after March 28. That will be around 6 weeks since I sent in my wife's dv6449us to NVIDIA. If it ends up being another 6 weeks, my wife is going to be extremely disappointed. (Hopefully, it will be a model other than a CQ56 because that does not have the features and power it needs to have to comply with the terms of the settlement.)

 

Great link. Nicely made.
The features are very much important.
This laptop aside from manufacturer being DELL has from what I see NO MISSING features compared the DV9000 series laptop that I still own. When this laptop was originally spec´d out I really like the case HP used. Maybe not metal and slim and sturdy.
I´ve been a nVidia consumer for many many years and I must say the HP laptop is the first I´ve owned. I´d very much like for them to just settle with us fairly. Objectively speaking the customer service went really wrong and the firm acting in our defense very much surprised me with their approach to repairing an obviously bad situation. Conflict of interest?

If a HP laptop was offered that has all the features that the DV9410us has I´d be happy.
If something like this isn´t available that DELL Vostro 3700 fits the foot well in my opinion. I would agree that if there was a monetary refund I would be looking at a laptop like that myself.

With a class action like this. Whatever model is chosen I am pretty sure the prices you and I see will not be what will be paid.

Organizations like Center For Class Action Fairness are certainly acting as a conscience for top heavy business, lawyers and such. I hope that the courts rule justly and reprimand/reward those parties that are involved.

Fairs fair, that shouldn´t be compromised. We still have a Constitution here.

 

If you look at the link I included ( SERIES, the G42 is a 14", the G62 is a 15.6", the G72 is a 17". We're getting HP based on the brand we purchased. Someone mentioned they liked the G-series and didn't care about light scribe, but depending on the model they give us we may end up having it (e.g., G62-340us has light scribe I believe--not the one at Best Buy). The G-series has a 5-in-1 media card slot, a web cam, dual core CPU, etc: all of which the currently offered Compaq does not have. Not to mention you would be receiving a computer with the same screen size.

I think it's ludicrous that you're expecting them to go from a $300 Compaq up to a $2000 elitebook, which isn't even in the same class as the Pavilions (it's better than the Pavilions).

Ideally, we'd receive Pavilions of corresponding screen size, but I'm a pessimist:
HP - Pavilion Laptop / Intel® Core™ i5 Processor / 14" Display / 4GB Memory / 640GB Hard Drive - Aluminum - dm4-1265dx
HP - Pavilion Laptop / Intel® Core™ i3 Processor / 15.6" Display / 4GB Memory / 500GB Hard Drive - Aluminum - dv6-3225dx
HP - Pavilion Laptop / Intel® Core™ i5 Processor / 17.3" Display / 6GB Memory / 640GB Hard Drive - Aluminum - dv7-4285dx

It would be wishful thinking to expect a Pavilion after being offered a Walmart special Compaq. I wish Ted Frank the best in the motion, but I don't see Nvidia bumping us up to a Pavilion (which in my honest opinion is the definition of a laptop similar in kind AND value to the laptops we purchased, since that is the laptop line we purchased) unless the Judge modifies the wording in the settlement to say Pavilion owners will receive Pavilion replacements.

 

In my daily job, I am required to dig into and clarify written verbiage that my customers mis-read as fact. After this NVIDIA ordeal and reading through all of the filings, I must admit that I am quite frustrated that we don't have a clear definition of the settlement to rely upon...We all know which definition that we want to be true, but which is more likely the one that the judge will settle on?
1) a replacement computer of like or similar kind and equal or similar value
2) a replacement HP laptop of like or similar kind and equal or similar value
3) a replacement computer of like or similar kind or equal or similar value

 

This guy has done a lot of articles about Nvidias problems maybe he can shed some light on the nvidia vs nufi suit.

Charlie Demerjian @ the inquirer

I sent him an email I will post if he gets back to me.

 

In my personal opinion, I don't think Judge Ware has the power to modify the settlement language nor does he have to. He simply needs to review the context in which "similar in kind and value" phrase was used over and over again throughout the litigation proceedings.

While NVIDIA and Milberg are busy pointing out their "intent" was hinged on "OR" sentence and that intent was never clearly expressed anywhere and that HP Class members were somehow expected to magically read their brilliant legal minds, we need to remind ourselves that:

1. "Similar in kind and value" + "HP" phrases were used in the initial class action notice that was sent out to 1.6M+ HP Class members;

2. "Similar in kind and value" + "HP" was used in numerous places as part of the NvidiaSettlement.com FAQ

3. Their replacement "upgrades" should be seen as just that; inferior products that should never have been offered

Even if their argument of "OR" sentence, which was used in JUST ONE place, is somehow found to be valid, consider this paragraph:

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've underlined the words "will be provided". That is "will", not "maybe", not "superseded by the following "OR" sentence" or anything else. If you read this paragraph in its entirety, the obvious intent to the general public is that NVIDIA WILL PROVIDE REPLACEMENT NOTEBOOKS that are similar in kind and value.

In my personal opinion, that "or" sentence simply adds to our pool of complaints that NVIDIA and Milberg:

1. colluded from the beginning;
2. their true "intention" was to mislead the Court and HP Class members so that HP Class would not exclude or opt-out of the settlement;
3. their replacement "intent" was designed from the beginning to obfuscate and confuse HP Class members into accepting inferior products.

When all these facts cobbled together, you should be red hot, boiling mad. Is it an uphill battle? Maybe. Are they fighting dirty? Absolutely. But like everything in life, if you want something, you have to work at it!

So don't be that person who just sits around and say woe is me.

Don't be that person who bends over and say yes-sir-may-I-have-another.

Don't give up fighting for what's right and don't give up hope.

Because that is exactly what NVIDIA and Milberg want you to do.

PS. If you have some free time, go to the library and read Dr. Seuss' "Because a Little Bug went Ka-Choo!" It's a cute story about how a little bug can make a huge difference.

 

Everyone needs to read this and HEED this WARNING : Most cars and trucks nowadays have HOLES in the floor mats and HOOKS made into the floor to hook the mats so they DON'T slide forward. Then when you put the pedal to the metal to pass someone,the throttle doesn't catch the floor mat and STICK. Even watch if you go through a car wash to make sure the attendant puts the mat back in place and hooked. If this sticking does happen, you CAN put the vehicle in neutral and safely keep your vehicle under control and NOT worry about the engine blowing up because the rev-limiter won't let the engine over rev. Turn off the ignition after you safely pull over because most vehicles are really HARD to steer when the power steering pump isn't functioning.

It won't be long now till, "Here Comes The JUDGE, Here Comes The JUDGE"

 

This is Interesting
q311form10q.htm


Latest news is the amount (so far) is:
"we recorded net warranty charges against cost of revenue to cover anticipated customer warranty, repair, return, replacement and other costs arising from a weak die/packaging material set used in certain versions of our previous generation MCP and GPU products shipped after July 2008 and used in notebook configurations."

"Together with the $282.0 million net charge we had previously recorded for related estimated costs, this brings the total cumulative net charge to $475.9 million, of which $466.4 million has been charged against cost of revenue."

 

While those Vostro laptops look like a good replacement option, keep in mind one of the points we've been arguing this whole time is that the replacements were supposed to be HP replacements. Mentioning Dell as an option immediately reduces the argument we've been making. In my opinion, none of them are truly options that we should be looking towards, regardless of how close in features they are, because a good majority of our case resides on them not following what they wrote "to the word".

I'm going to go through specs for various available computers tonight and see what I can come up with. If there's anything else I can do, let me know. I manage a small chain of computer stores and we've been open for a little over 14 years (I've been here for 13), and have a degree in computer science, so while I don't know what the requirements are for an "expert" in the field, I'd like to think I'm reasonably close!

 

Agreed... These look the same class computers as the ones we purchased. Mine came with less RAM and if for some reason cost came into an issue these could be sent with a little less. I don´t see firewire and other than that these look very nice. Class for class. If they settled this mess a year we wouldn´t be looking at Intel Core processors like the ones mentioned. These look fair.

 

I don't really feel that I have to get the latest and greatest machine to replace my dv9000. After all, this is a class action settlement, so I'm not overly optimistic. But I think, as has been mentioned in previous posts, the bare minimum should take screen size and processor into account. If you had a dual core, 17" screen... you should get a dual core 17" screen replacement. There doesn't have to be 47 different configurations to go through... but create 3 choices for laptop replacements. a 15", 16", and 17" option. I will also do some research later this evening on suggested replacements.

I can't speak to the tablet, as I've never owned one... so I'll let others make that case.

 

I just thought of something... when I talked with Mr. Westerman at Milberg, he made it sound like they used an "expert" to choose the replacement models. When reading the Bagherzadeh declaration, it makes it seem like Mr. Bagherzadeh just approved the replacements but was not involved in choosing them. I would like to know who exactly picked these replacements, because the CQ56 is the cheapest laptop the HP/Compaq makes. The Asus tablet is the cheapest tablet on the market (not even the cheapest notebook tablet). I'm guessing Milberg and NVIDIA chose these because they were the cheapest option... not because they are anything like our faulty computers.

Does anyone have more info on who chose the replacements?

 

I don't expect any more than, in good faith, paid for, -14months of operational use, for my tx1000.

 

You can get a mini super computer now a days.

 

You do have a point. This really does seem like a blatant case of finding an expert opinion not in the process of choosing our replacements, but in the process of justifying the replacements they picked out for us.

For what reason would both "experts" provide statements that blatantly and visibly go against their own testing and benchmarking?

I'm clearly not an expert, but the four years I've been tweaking, playing and messing around with my Desktop systems have put SuperPI in my way many, many times. However as it's been beaten around the bush a few times in this very thread, SuperPI is not the see-all do-all CPU benchmark. It is useful in determining how an overclock affects the results your processor has at stock speeds, but a few thousand more digits of PI are not going to make up for a dozen other features that are lacking in our replacements.

I had a TX1220 that failed last year (after quite a few headaches with the touchscreen dying not a year into my purchase). I bought it for portability, but also for because it was powerful enough to run for my Computer Science classes (dealing with a lot of heavy programs like Visual Studio 2008, running a SQL database in the back, and some Adobe products). A netbook does not come close to having the necessary capabilities of my failed machine.

 

That would work, it will be my wifes toy..the two 'things' they now offer me are not in the same ball game as the UpGraded tx1000...I know one
thing for sure, HP has been digging a hole with the consumers that
is a money pit, word of mouth, good and bad is a big deal.

 

Dear Zeromus-X,
I only mentioned the Dell Vostro and other replacements because none of the current HP computers other thn the Elitebook series has the same ports and all functions (that I use!!!) to be "EQUAL" in kind and value to my DV9420US. I disagree that we have to be given only a HP model because they offered an ASUS brand. I really don't care what brand is offered.

 

Did We Ever get an answer to this?

 

This deal needs to be over soon, and I am sure nVidia would agree and for them to be fair and match the replacements with something equal in build
is peanuts to a company of that size, even if they had to give their CEO that is departing a couple of million in a Golden Chute package.