what happened to cause the lawsuit?
Settlements of $325,997,000 have been approved.
THIS CLASS ACTION LAWSUIT AND SETTLEMENTS WITH DEFENDANTS MAY AFFECT PERSONS OR ENTITIES WHO DIRECTLY PURCHASED DRAM (DYNAMIC RANDOM ACCESS MEMORY) IN THE UNITED STATES FROM THE DEFENDANTS DURING THE PERIOD OF APRIL 1, 1999 THROUGH JUNE 30, 2002 ("CERTIFIED CLASS").
For more detailed information, please review the Notice
and other court documents on the links at the left.
IMPORTANT DATES & DEADLINES
Objections:
THIS DEADLINE HAS PASSED
Exclusions:
THIS DEADLINE HAS PASSED
Claim Form:
THIS DEADLINE HAS PASSED
Class Actions were pending against certain manufacturers of DRAM. In the Class Actions, plaintiffs allege that defendants unlawfully agreed to fix, raise, maintain and stabilize the prices of DRAM and/or to allocate among themselves major customers and accounts in violation of the federal antitrust laws during the period of April 1, 1999 through June 30, 2002. Plaintiffs allege that, as a result of defendants' unlawful conduct, they and members of the Class paid more for DRAM than they would have in the absence of defendants' wrongful conduct. Defendants deny plaintiffs' allegations and have asserted numerous affirmative defenses. On June 5, 2006, the Court certified the Class described above.
This notice is given pursuant to the Federal Rules of Procedure and Orders of the United States District Court for the Northern District of California to inform Class Members that, in exchange for the release of claims by Settlement Class members against the defendants who have settled, separate settlements have been reached with: (i) Infineon Technologies AG and Infineon Technologies North America Corp.; (ii) Samsung Semiconductor, Inc.; and (iii) Hynix Semiconductor, Inc. and Hynix Semiconductor America, Inc.; (iv) Elpida Memory, Inc. and Elpida Memory (USA) Inc.; (v) NEC Electronics America, Inc.; (vi) Winbond Electronics Corporation and Winbond Electronics Corporation America; and (vii) Micron Technology, Inc. and Micron Semiconductor Products, Inc. through its Crucial Technology division, (viii) Mosel Vitelic Corp.; (ix) Mosel-Vitelic, Inc.; and (x) Nanya Technology Corporation USA These settlements total $325,997,000.
On November 1, 2006, April 18, 2007 and August 1, 2007, hearings were held in San Francisco, California. The Court determined that each of the proposed settlements were fair, adequate and reasonable to the Class, approved each settlement and dismissed the litigation with prejudice against the Settling Defendants. THERE ARE NO NON-SETTLING DEFENDANTS LEFT IN THIS LITIGATION.
A hearing on Class Counsels request for attorneys fees and reimbursement of expenses and request for incentive benefits to Class Representatives was held on August 15, 2007 in San Francisco, California. The Court granted Class Counsels request.
THE DEADLINE TO FILE A CLAIM HAS PASSED.
If you change your address, or if the Claim Form was not mailed to your correct address, you should immediately provide your correct address in writing to the Class Administrator at the address listed below.
Members of the Class will be entitled to receive money from the settlement fund when it is ultimately distributed. The Court approved a plan of allocation and distribution of the Net Settlement Fund on a pro rata basis among Class members based on the dollar amount each Class member paid to Defendants for direct purchases of DRAM from the Defendants during the period of April 1, 1999 through June 30, 2002. If you did not exclude yourself from the Class or have otherwise settled or released Defendants, there is not another opportunity to request exclusion from the Class.
Deficiency letters have been mailed to certain Class Members. If your Claim Form is deficient in any way, a letter has been mailed to the address you provided on your Claim Form. Any response you had, in response to or at the direction of the deficiency letter you received, must have been postmarked by April 4, 2008.
The plan of distribution was filed with the Court on September 15, 2009. On October 28, 2009, the Court approved the Motion for an Order Authorizing Distribution. If you would like to view a copy of the Motion for an Order Authorizing Distribution of Settlement Fund or the Court's Order granting distribution, please click on the link to the left.
Distribution of the Settlement funds has occurred. Distribution checks were mailed on Friday, December 11, 2009. The approximate pro rata percentage Class Members will receive is 11.3%. The distribution checks are approximately 11.3% of the dollar amount the Class Member purchased of DRAM from the Defendants during the Class Period.
A more detailed description of this litigation, the proposed settlements and your rights as a Class Member is contained in the Notice of Partial Class Action Settlements and Request for Attorneys Fees and Expenses and Incentive Benefits (the "Notice").
http://www.dramantitrustsettlement.com/dram/default.htm