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

Now you KNOW, that one vote was a troll from milburg right

Because nobody SANE would believe they were alike.

 

Ditto on all that

 

What time is the hearing?

 

9am pacific we should know how it went by noon pacific or so.

 

Good luck everyone (that's on my side haha).

-Oregonian HS Student.

 

good luck all

post any news when you here some thing.

 

THIS JUST IN

via Ted

The hearing did not go as I would have liked. The judge admitted he hadn't yet read the papers. He let NVIDIA and Milberg go first to explain the process for choosing the computer: his concern was whether the experts were neutral and the process was adversarial. I was cut off well before my ten minutes were up.
13 minutes ago via iPhone ·


NVIDIA then got to go well over their time limit to reply with a lengthy argument how much the HP class members liked the settlement and criticize me for several minutes for bringing an "irresponsible" motion. The judge said he'd look at the technical reports. If he believes the experts' lies, we lose; if he sees through them, we'll see what happens.
12 minutes ago

 

Whatever happens, I would like to thank you, Ted Frank, Kevin and all the others who put in the time, effort and "money" so that the "injustice" that was done by HP, NVIDIA and our supposed-to-be legal counsel, Mr. Westerman to their customers was heard by the court and the public.

You fought a good fight!

 

Thanks for your efforts Ted and Kevin; don't get disheartened yet.

If Ted at least mentioned that we are receiving single core CPUs and 17" owners are receiving the same replacement as 15" owners, then at least there's that glimmer of hope.

It would be a great injustice if the Judge couldn't see this blatant abuse of the legal system. Worse case scenario, Judge Ware dismisses us completely, I'd say we file a different motion to allow people to exclude themselves from the settlement after hearing that this is the one and only replacement (which wasn't made clear until after our lawyers were paid and after the date for exclusion passed).

I'm going to stay positive though. I hope that the Judge reads the documents in the docket and sees how obviously we are getting worked over.

Good luck to everyone involved in the motion [who's counting on a better replacement]!

 

A judge that doesn't read the paperwork before hearing the case, a law firm hired to represent people who were wronged who are trying to stiff them, an expert who gets his numbers from a post on an internet forum and another expert who directly contradicts himself based on his other public postings.

It'd be hilarious if we weren't all so directly involved. What a circus.

 

What a circus indeed.

 

This should be worth a "Class Action" $500,000,000.00 Lawsuit against Milberg, NVIDIA and HP for being in Collusion with each other.

 

A circus indeed.

Let's just hope we get a ruling before the June deadline to ship our old machines passes.

...and that before ruling, the judge reads that which he might have at least glanced at prior to the hearing today.

 

Ted - thanks for presenting our side of the issue. It's a shame that the papers and technical information that pointed out the rather flawed analysis from nVidia's experts wasn't even looked at yet. Perhaps the judge will give some time and consideration to what you've put together, and acknowledge the settlement replacements bear little resemblance to what so many of us had purchased from HP.

 

A HUGE THANKS TO ALL THAT HELPED US FIGHT THE 'DEVIL AND HIS BUDDIES' YOU ALL ARE VERY MUCH APPRECIATED!



QUOTE=Dave25;7304655]Whatever happens, I would like to thank you, Ted Frank, Kevin and all the others who put in the time, effort and "money" so that the "injustice" that was done by HP, NVIDIA and our supposed-to-be legal counsel, Mr. Westerman to their customers was heard by the court and the public.

You fought a good fight! [/QUOTE]

 

i am quickly losing hope in the overall sanity of the people running the court systems. i am sorry...but he didnt even LOOK at the papers before the hearing? just...wow... i dont even know what to say.

 

This is not Over..

Hopefully the Judge will READ the motions filed and will rule accordingly.

 

Any semblance of hope I had for getting a fair replacement seems crushed now. I don't want to be a downer, so I really do hope Ted can get through to them.
Let's not give up!

 

They just can't get away with this! We can only hope that the judge will READ and understand it is not fair. Who are all of the happy people? Did they provide a list of all of these people? Can we provide a list of all of the unhappy people? Let's keep a postive attitude that the judge will see through all the crap. Thank you so much Ted and everyone here for all of the hard word you have done for us!

 

Center for Class Action Fairness:

"We don't know the outcome yet, and won't until the judge rules. We presented evidence why Bagherzadeh and Peddie are wrong. If it's fairly reviewed, we'll win. I'm just disappointed that the judge wasn't more outraged at the violation of his order. "
about an hour ago.

 

I'm extremely disappointed that Judge Ware has not yet found time to read all (any?) of our declarations. I assumed that, with only 10 minutes for each side to present, Judge Ware would have already read all of the material and have come to a preliminary decision. Based on what I've heard so far, it sounds like it would have been more productive for the Judge to spend 30 minutes reading our declarations, as opposed to presiding over today's hearing.

I would rather wait 2 months for the Judge to carefully review the declarations than have him glance through our declarations and rule incorrectly based on Milberg's/Oreck's/Nvidia's lies and deception. If the Judge takes the time to understand our argument and the facts we've presented, I can't believe that he, in good faith, could believe that the CQ56 is like in kind OR value to a dv9xxx.

 

It may be a ploy by the Judge to give Nvidia and Milberg some more rope to see if they will hang themselves! I have faith that the Judge will be fair. I wonder if he read any of the letters some of us wrote to him? Will keep praying for a good outcome for us!

 

I totally agree. If he takes his time and reads our motion, I don't see how he could come to any other conclusion.

EDIT: Anyone heard from jtfrommer today?

 

So what do we do now? Any idea when the judge might rule? Just wondering how long to sit tight before choosing one of the two offered replacements?

One thing is for sure: I had decided never to buy HP products again when my tablet went bad and I have stuck with my decision. This thing has made that resolve even stronger and I am going to add NVidia to my lit of companies to avoid buying products of!

 

I smell small claims- THAT MEANS YOU HP!

 

And it seems that we [the Class Members] are the clowns in this circus because everyone [Millberg, NVIDIA, Peddie, Bag(whatever), and everyone else that opposes or doesn't rule in favor of the enforcement of a fair settlement] is laughing at us. It seems that too much of our hope is being placed on a gavel and, unfortunately, that is all we have. However, even justice can be bought, but I hope that this is not the case.

I hope you are right!

 

This whole lawsuit seems that it was never intended for "the people" but that it's an easy way for all the crooked greedy people to make LOTS and LOTS of money on our behalf.

It also appears as though the way they treated the Nvidia attorneys in comparison to Mr. Ted Frank, that its a very biased or paid off situation. I mean, really cut Ted short on his time and let Nvidia go over.. Not read the vital documents that Ted brings to represent his case.

I think that money rules our justice system and there is no justice anymore where big $$$'s are involved.. Just greed corruption and bullying.

What a sad world this has become.

I can't wait to see the next update on this. I sure hope that I am mistaken on my thoughts and justice, honesty and doing what's right, will prevail.

 

I don't know about that. We gave them a good case of indigestion, if nothing else, and lived in their heads for a few months. And they had to use some of that $13 million that they wouldn't have had to otherwise. That alone gives me some satisfaction.

 

Good Morning All

First let me say this is NOT over by a longshot, disappointing yes but fatal No.

Second Ted may have wanted to speak more but, maybe the Judge got the jist of what he was saying and wanted nvidia to respond.

Third the Judge still has to read the motions and make a ruling, if he does read the motions and supporting documents I cannot help but think he will see through the subterfuge and rule in our favor.

And lastly if you didn't/don't send in your computer you have not given up the right to sue in small claims court. I cant figure how to copy and paste the portion of the claim form but it says by sending in your computer you give up the right blah blah blah.

Lets all try to keep it POSITIVE here cause it aint over till the fat lady sings and I don't hear any singing!!

 

I'm pretty sure we waived our rights to sue HP in small claims court when we did not exclude ourselves from the settlement. By not excluding ourselves from the settlement, we waived our rights to sue HP, Nvidia, Dell, and Apple. If you check the documents at nvidiasettlement.com they mention that somewhere. The paper we sign to send our computer in basically says that we're responsible for any and all damage to the computer we are mailing...

 

Read the second paragraph starting with "BY SHIPPING MY CLASS COMPUTER"
or read the letter you have to SIGN and send in with your computer

http://fairnvidiasettlement.com/wp-content/uploads/2011/02/nvidia-settlement-waiver.png

 

I'm still hoping for a positive outcome... but having watched more than one corporate lawsuit play out, I'm not very encouraged right now. I recall a suit that I observed a number of years ago. The attorneys had what appeared to be an open and shut case... but when they went to court, the first thing the judge tells them is (my paraphrase) that he really has more important cases to be trying than a business contract case. The case was also presented in "the backyard" of the the other party and the judge knew that law firm as they were local and in his courtroom regularly on other cases, while the law team I was observing came in from out of town... another strike. Ended up being a loss, not a win... even though on paper, everything should have turned out the exact opposite. It's amazing what kind of spin people can put on things.

I see similarities here... judge is busy and case has already been ruled, doesn't want to deal with case again. Case is in California, Millberg has a California office (albeit SoCal and not NoCal).

Forgive me for the negative side, but I'm just jaded against our legal system as a whole. I wish there were more out there like Ted, because our system would be infinitely better. As stated before, I am very thankful to Ted and all those here who were willing to stick up for us and fight the fight. I'm not bowing out and I'm hopeful for fairness to shine through... but I'm still not real encouraged at this point.

 

I'm not so sure you've given up that right. The original postcard (have not seen the email) mailing notifying people of this calss action clearly states "Dell, HP and Apple are not parties to this lawsuit."

Keep in mind I am no legal expect, but based on that sentence alone I chose not to exclude myself from this lawsuit.

During the claims process I saw no mention of releasing Dell (in my case) from any liabilities. I do beleive I did read somewhere in one of the court filings something to that effect, but If Dell, HP and Apple are not part of this lawsuit then how could they be a 'released party'.

 

If you read the Class Notice Document down in Clause 17:

I still think that the argument that the class as a whole was victim of Bait-and-Switch is a very strong one. Had the replacement computers been announced prior to the settlement ruling, I'm sure a very large number of class members would have excluded themselves from the Suit, and Millberg wouldn't be able to claim that HP Owners are "very satisfied" with the results.

Edit: To further elaborate on that thought, the reason it is a strong argument is not just based on the poor replacements we got, but because had the Class been successful, wouldn't it set a precedent for others (name: those who excluded themselves from the Class) to be able to sue NVIDIA/HP/Dell/Apple based on that ruling? I'm not a lawyer, but what limited knowledge I have of the legal system makes me thing it would be possible.

Therefore, if the Class had a large number of exclusions, it would look bad for our counsel (they want their money; a satisfied class is a good way to get it), but it would also implicate that NVIDIA and notebook manufacturers would be seeing a much larger number of similar suits for the same defect.

Isn't it a bit funny that "while HP/Dell/Apple are not parties in the class", not excluding ourselves from this suit we're giving up our rights to sue THEM? Why not, if they aren't parties in this class after all?

 

The following is copied from the NVIDIA Class Action Notice:

17. What am I giving up if I remain in the Class?
Unless you exclude yourself, you stay in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against NVIDIA, Dell, Inc., HP, or Apple Inc. about the legal issues in this case. If the settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all “Released Claims” against all “Released Persons.”

 

I still think the reason our HP's failed has nothing to do with the "packaging issues" because the chips don't fail, the solder connections crack. This is due to improper cooling in HP's design. The strongest argument for this is in the fact that the HP's built after the problem was supposedly corrected are still failing. I bought a replacement computer 2 years ago so rather than accept a P.O.S. CQ56 I'd rather hold on to my HP rather than send it in thereby surrendering my legal rights.

Ted Frank, I know you're not our lawyer, but for those of us willing to roll the dice, do you think there is the slightest possibility that we might be able to join up with other HP owners on a class action against the real culprit, HP. Or did we lose that right when we filed this claim against NVIDIA?

 

I'm here. I was just posting some additional article at FAIRnvidiasettlement.com ( here and here)

BTW, I don't think we should rush to lump Judge Ware into NVIDIA/Orrick/Milberg's we-manufacture-facts-and-lies camp.

After all, it was Judge Ware who mandated that NVIDIA and Milberg include his sentence about acceptable "proofs of purchase" when NVIDIA and Milberg wanted to demand and accept sales receipt, nothing else.

Judging by how many class action cases are heard in Northern District, I am sure he is pressed for time. I do hope that he takes his time to review the facts, uncover truths and render his decision in our favor.

Remember, we have until July 2011 to to mail in our notebooks so let's not rush.

 

FROM Ted Franks FB wall:



As I discussed on our Facebook page yesterday, I wasn't given our full ten minutes to argue in the hearing, while Milberg and NVIDIA took well over ten minutes each to argue against the motion. This could mean Judge Ware didn't care what I had to say, or it could mean that he wanted to give the other side the chance to exhaust every argument before ruling against them, or it could mean nothing at all or anything in between. The judge acknowledged the difference between a 17-inch screen and the smaller replacement computer screen. Judge Ware said he'd review the technical reports, so it seems that it will come down to which experts he believes. Will the judge see that Nader Bagherzadeh's conclusions are dishonestly inconsistent with his own data or that Jon Peddie applied the wrong legal standard and contradicted his non-litigation positions? I don't know, and I don't know when the judge will rule. I have one case in Chicago where we've been waiting since October for a ruling, and a recent case in New Jersey where a ruling came in less than 24 hours.

Note that HP owners still have hope for eventual justice if we lose this motion. I've been talking to plaintiffs' lawyers about Milberg's conduct in this case, and Milberg's malpractice insurer ought to be hoping that Judge Ware rules against NVIDIA. Bringing a malpractice class action isn't something CCAF is equipped to do, but it seems class members will have a good chance of finding a contingency fee lawyer willing to represent them.
Posted by Ted Frank at 2:39 PM

 

Hi everyone,
First of all I am glad to find out that there exists a thread that recognizes that the Compaq laptop offered is not an equivalent computer.

I don't know if this is answered in a FAQ or not but what if I already filed a claim? I got a letter today saying that I should ship my laptop in 7 days to avoid delays in the process.

Since I already filed the claim does that mean I accepted the Compaq Presario CQ56-115DX as a replacement? What should I do?

BTW, I found out about the FIARnvidiasettlement site just earlier today. Whoever made that site and Google are 2 of my best friends!

 

First of all, you may want to read a few of the earlier posts in this thread. I know it's really long but even reading a few pages should give you an idea of what's going on.

In answer to your questions, there was a hearing yesterday to determine if the CQ56 and Asus are fair replacements. We are still waiting to hear the result. So far the consensus has been that people are waiting to send in their computers. It doesn't seem like anyone has got a replacement as of yet, so the administrator may be waiting until after the judgement anyway. We have until July to send them in. I think just about everyone on this thread has sent in their claim form (with the exception of those that didn't know about the class). That was a good thing to do, otherwise you may have gotten nothing at all. Short answer, what you should do is wait.

EDIT: Just wanted to add in that you DO NOT have to send your computer in within 7 days. It says right on the website that it just needs to be there by July something (not sure of the exact date).

 

Yes July 18, 2011 is the date.

Thanks for the reply CJean. And yes I've already been reading earlier posts. I hope this turns out well. I will be following CCAF FB page closely.

 

I agree that cooling is definitely part of the problem. The lack of cooling has caused bubbling on the GPU itself. Based on what I've read, NVIDIA's chips should have stood up to higher temperatures before dieing (no pun intended).

 

IMHO, It is a Nvidia engineering mess... as you can read here...

What nvidia should do now- The Inquirer

 

NVIDIA specifically inserted this clause in the Settlement Notice ( NVF_NOT.pdf) (page6, last sentence) :

NVIDIA may withdraw from and terminate the settlement if a certain number of people exclude themselves from the Class.

At this point, Milberg had NOT YET been paid so they had every incentive for people to stay in the class without jumping ship.

NVIDIA/Orrick had every incentive to keep people in the class to minimize third-party litigation (small claims court).


You can almost understand Orrick's sleazy tactics to protect NVIDIA, but Milberg? What is up with that? Is $13 million dollars really worth selling out the very people Milberg is supposed to protect so that Milberg attorneys can eat caviar and drive Mercedes?

Perhaps the Justice Department would do a community service by re-opening Melvyn Weiss case to see anyone else should be examined?

 

i can wait for judge ruling since my laptop was siting in closet for couple years its can sit in it for another couple months and i will never buy another HP comp again and ill tell evryone i kno not to buy it if hp dont fix this issue thanks again for all the help frank

 

Are you kidding me ? Milberg's FIVE clients already JUMPED ship. Doesn't that alone say anything to the Judge??

 

sorry, I should have said "at that point" to reference the time period when people could have opted out.


btw, does anyone know if sony makes notebooks WITHOUT nvidia gpu?

 

YES
14" Custom Laptop | VAIO C Series Configure-to-Order | VPCCA190X CTO | Sony USA Plus others.

 

Does anyone know at this point how many units have been returned for exchange or repair? What percentage of the total claimants are waiting for final judgment? I, for one, had no idea that a forum like this existed until last week and knew nothing about the hearing that occurred earlier this week. If I had, I would never have returned my laptop for exchange.

 

You just learned how class action suits work, especially where class action titan Milberg-Weiss is concerned.

There are three parties at interest in these suits. The Defendant, the Plaintiff Class, and the Plaintiffs' Attorney.
Guess which two have a seat at the bargaining table.
Guess which two get the best deal for themselves.

The whole purpose of a suit like this is to deliver de minimis compensation (to keep the defendant happy) for de maximis attorney fees (to keep Milberg happy).