Fujitsu Hard Drive failure Lawsuit
E-mail administrator@hddclassactionsettlement.com to secure your claim!!!
You heard about here at Anandtech first folks. I was involved early on for U.S. claimants as I happened to get one of these faulty drives soon after they were made.
Hey Dave, I don't suppose you have that hard drive utility from Fujitsu saved? It seem to have disappeared from the web site. When you click on it you get a 404 and if you try right clicking and save as, you get a similar error.
I can't PM back Bunker.
Yes, I found the Fujitsu Utility on my system and I will post up to my DSLModemsDirect.com website as soon as I finished typing this.
The file name is FJDT.exe (short for Fujitsu Drive Test)
There is a pdf file called Status_Code_FJDT_Rev02.pdf that gives a detailed description of the test codes.
Edit: Here is the page I put up on the website:
Fujitsu Hard Drive Test Utility and Lawsuit Settlement details
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10-22-2003 Fujitsu HDD fiasco to end in $42.5m pay-out
The drives, made between September 2000 and September 2001, contain a faulty controller chip.
It quickly emerged that the drives were to be found in PCs in Europe and the US, as well as Japan, though Fujitsu later said that there was no recall programme in place.
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10-21-2003 Important - Notice of Class Action Hard Disk Drive Settlement
This notice is being sent to you by Order of the Superior Court of California to inform you of a proposed Hard Drive Class Action Settlement. This notice is being sent to you by the Settlement Administrator appointed by the Court. The notice is being sent to you because you were identified as a person or entity that may have purchased one of the allegedly defective hard disk drives at issue and you may be entitled to claim benefits under the Class Action Settlement. Please click on the link below to view the full Notice of Class Action Settlement and Hearing which provides more detailed and complete information regarding the Class Action Settlement. If you have any difficulty or concerns about this e-mail or the attached link, please telephone us at 1-800-878-2618 or e-mail us at administrator@hddclassactionsettlement.com.
http://www.hddclassactionsettlement.com/notice.pdf
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
x
:
HURKES HARRIS DESIGN : CASE NO. CV 812127
ASSOCIATES, INC. et al., :
: CLASS ACTION
Plaintiffs, :
:
v. :
:
FUJITSU COMPUTER PRODUCTS OF :
AMERICA, INC. et al., :
:
Defendants. :
x
NOTICE OF PROPOSED SETTLEMENT AND HEARING
If you bought in the United States certain models of Fujitsu brand
Desktop 3.5? IDE hard disk drives or a personal computer or other system
containing these Fujitsu brand Desktop 3.5? IDE hard disk drives, you
could benefit from a class action settlement. These hard disk drives
(?HDDs?) were sold in the United States beginning in 2000, either
separately or as component parts in desktop computers manufactured by
various companies.
A state court in California authorized this notice. This is not a solicitation from a lawyer.
? The settlement will provide $42.5 million to pay claims of all consumers and other end users who bought certain Fujitsu Desktop
3.5? IDE hard disk drives (?HDDs?) or personal computers or other systems containing these hard disk drives. This notice
provides you with information about how you can determine if you have or had an HDD and can benefit from the class
action settlement (see Section III.B below).
? The settlement resolves a lawsuit in which claims have been made that Defendants, Fujitsu Computer Products of America, Inc.
(?FCPA?), Hewlett-Packard Company (?HP?) and Gateway, Inc. (?Gateway?), as well as others, provided a defective product
(certain 3.5? Desktop IDE hard disk drives, or HDDs, as more fully defined in part III.A below, bearing the Fujitsu brand) to end
users and misled end users about this product. The lawsuit asserted that the HDDs contained a defective computer chip and a
bug in the controller firmware which resulted in the failure of the HDDs at unacceptably high rates and/or problems with data
integrity. Defendants deny these claims.
? Your legal rights are affected whether you act, or don?t act. Read this notice carefully.
? If you have already incurred expenses replacing an HDD or for data recovery services to recover data from an HDD, you may
be able to obtain a recovery as part of this settlement.
? If, in the future, you incur expenses replacing an HDD or for data recovery services to recover data from an HDD, you may be
able to obtain a recovery as part of this settlement.
? If you have an HDD and wish to replace it to avoid any risk of future problems with it, you may be able to obtain a recovery as
part of this settlement.
? These rights and options - and the deadlines to exercise them - are explained in this notice.
? The Court in charge of this case still must decide whether to approve the settlement. Claim Forms will be provided and
payments will be made if and only if the Court approves the settlement and after any appeals are resolved. Please be patient
since it is anticipated that the entire process will take at least 10 months to complete.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Submit a Claim Form
(Section VIII.A below)
The only way to get payment.
Exclude Yourself
(Section VIII.C below)
Get no payment. This is the only option that allows you to ever be part of any other
lawsuit against Defendants and others about the legal claims in this case.
Object
(Section VIII.D below)
Write to the Court about why you don?t like the settlement.
Go to a Hearing
(Section IX below)
Ask to speak in Court about the fairness of the settlement.
Ask to Intervene
(Section VIII.B below)
Ask the Court to let you intervene (i.e., become a party) in the lawsuit.
Do Nothing
(Section VIII.E below)
Get no payment. Give up rights.
I. WHY SHOULD I READ THIS NOTICE?
You may be a member of the Settlement Class (defined and discussed below). This is a class action lawsuit that the parties
have proposed to settle. If the proposed settlement (?Settlement?) is approved by the Court, your legal rights may be affected.
This Notice describes what the lawsuit is about, explains the terms of the Settlement, tells you who would be covered and
what legal claims would be resolved by the Settlement if the Court approves it, and explains that the Court will hold a hearing to
consider the fairness, reasonableness and adequacy of the Settlement that has been proposed.
II. WHAT IS THE PROPOSED SETTLEMENT ABOUT?
A lawsuit was filed in a California state court by a company and two individuals, who are the Plaintiffs in the case, on behalf
of all persons or entities residing, domiciled or located in the United States who purchased certain Desktop 3.5? IDE hard disk drives,
or HDDs, bearing the Fujitsu brand as separate products or as components in personal computers or other systems. The Defendants
in the lawsuit are FCPA, HP and Gateway (collectively ?Defendants?). The Plaintiffs assert claims on behalf of all end users of these
HDDs for violations of state laws against unfair competition and false advertising, breach of express and implied warranties and unjust
enrichment in connection with the Defendants? marketing, advertising, sales and servicing of these hard disk drives to consumers and
other end users nationwide. Each Defendant denies the claims asserted by Plaintiffs and denies that it is liable in any way to
Plaintiffs or any end users of the HDDs.
III. WHO IS COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT?
A. The Desktop 3.5? IDE Hard Disk Drives or ?HDDs? at Issue in this Class Action. If you purchased one or
more of the following Fujitsu brand Desktop 3.5? IDE hard disk drives, which are referred to in this Notice as ?HDDs,? either as a
separate item or as part of a personal computer or other system/device, you may be entitled to benefit from the Settlement: PB-15H
hard disk drives (also referred to as the MPF3xxx-AH series of hard disk drives) and PB-16 hard disk drives (also referred to as the
MPG3xxx series of hard disk drives). The HDDs at issue bear a model number composed of or starting with the sequence
MPF3102AH, MPF3153AH, MPF3204AH, MPG3102, MPG3153, MPG3204, MPG3307, or MPG3409, which may be followed by
alphabetical character(s).
B. How Do I Determine If I Have or Had One of the HDDs at Issue in this Class Action? There are a number of
different ways that you may be able to determine if you have or had one of the HDDs at issue. First, you can download a free utility
from the internet that may help you determine if the hard disk drive in your computer or other system is one of the HDDs at issue.
Second, you may be able to physically inspect the hard disk drive or other system to determine if it is one of the HDDs at issue.
Third, if you review the documents accompanying your purchase of the hard disk drive that you suspect may have been an HDD, or
the computer or other system containing the hard disk drive that you suspect may have contained an HDD, you may be able to
determine if you have or had an HDD. Fourth, if you contact the company or person from which you purchased the hard disk drive
(either as a separate item or as a component in a computer or other system) or a computer professional, they may be able to help you
determine whether the hard disk drive is or was an HDD.
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1. Downloadable Utility. You can download a free utility which may assist you in determining if the hard
disk drive in your computer is one of the models at issue at the following website: www.hddclassactionsettlement.com. If you have
any questions regarding the use of this utility, please telephone the Settlement Administrator at (800) 878-2618 or send the
Settlement Administrator an e-mail at administrator@hddclassactionsettlement.com. The utility requires that your computer system
use a Microsoft Windows operating system. You should follow the instructions described in the ?readme? file of the utility.
2. Physical Inspection of the Desktop 3.5? IDE Hard Disk Drive. You also may be able to physically
check to see if you have an HDD. Before physically checking if you have an HDD, you should save any important data on the
hard disk drive onto a back-up disk, tape or other appropriate storage device, properly exit from any programs that are
operating on the computer or other system, shut down the computer or other system, and unplug the power source. You
should make certain that you understand how to safely check if you have an HDD without causing any harm to yourself, the hard disk
drive, or any computer or other device containing the hard disk drive. If you are uncertain how to do this, you should contact the
manufacturer of your computer or other system, or whoever you purchased it from.
3. Review Documents. If you review the documents accompanying your purchase of the hard disk drive
that you suspect may have been an HDD, or the computer or other system containing the hard disk drive that you suspect may have
contained an HDD, you may be able to determine if you have or had an HDD. If you have any questions regarding the documents
that you should be looking for, please telephone the Settlement Administrator at (800) 878-2618 or send the Settlement Administrator
an e-mail at administrator@hddclassactionsettlement.com.
4. Contact Seller or Computer Professional. If you contact the seller from whom you purchased the hard
disk drive (either as a separate item or as a component in a computer or other system) or a computer professional, they may be able
to assist you in determining whether the hard disk drive at issue is or was an HDD. If you have any questions regarding the person or
company that you should contact, please telephone the Settlement Administrator at (800) 878-2618 or send the Settlement
Administrator an e-mail at administrator@hddclassactionsettlement.com.
C. The Settlement Class. All persons or entities residing, domiciled or located in the United States, who acquired or
purchased in the United States for their own use and not for resale any HDD, including end users who purchased or acquired standalone
HDDs or HDDs as a pre-installed component of any computer system or other system or device. Excluded from the Settlement
Class are FCPA, HP and Gateway, as well as their officers, directors, employees, and those who validly request exclusion from the
Settlement Class in accordance with procedures ordered by the Court.
D. The Effect of Membership in the Settlement Class. If you fit the definition of the Settlement Class, you are
automatically a member of the Settlement Class unless you exclude yourself (?opt out?) by following the procedures for
exclusion set forth in this Notice. Settlement Class Members are eligible to receive the benefits under the Settlement and will be
bound by the Settlement if it is approved by the Court. Persons who exclude themselves from the Settlement Class will not be bound
by the Settlement and will not share its proceeds.
IV. WHAT ARE THE TERMS OF THE SETTLEMENT?
The Settlement was negotiated with Defendants by the attorneys for the Settlement Class (?Class Counsel?). Class Counsel
believe that this Settlement, which has received preliminary approval from the Court, and which is subject to final approval after
Settlement Hearing to be held on March 2, 2004 at 9:00 a.m. in San Jose, California, is in the best interest of the Class Members. As
part of the Settlement, Defendants and Class Counsel have agreed that FCPA will pay a total of $42.5 million into a Settlement Fund,
from which the following payments will be made to eligible Settlement Class Members:
A. Payments to Settlement Class Members who Replaced Desktop 3.5? IDE HDDs Prior to December 13, 2003.
Settlement Class Members who provide proof (by production of a receipt or other appropriate documentation) that they owned an
HDD, incurred expenses to replace it prior to December 13, 2003, and have not been compensated for such replacement, will be paid
up to $45 per HDD.
B. Payments to Settlement Class Members who Replaced Desktop 3.5? IDE HDDs on or After December 13,
2003. Settlement Class Members will be paid up to $45 per HDD if they have an HDD and either:
1. Purchase a replacement hard disk drive (or a system to replace their current system containing an HDD) after
December 13, 2003 and send to the Settlement Administrator the following: (1) an HDD, (2) proof of purchase of the replacement
hard disk drive for the HDD or the replacement system, and (3) a signed Claim Form stating that they purchased the replacement
hard disk drive or system pursuant to this Settlement; or
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2. Submit to the Settlement Administrator the following: (1) a Claim Form attesting to their current ownership of an
HDD, and to their intention to purchase a replacement hard disk drive or a system to replace a system currently containing the HDD;
and (2) the number of a valid credit card to which the Settlement Administrator will be permitted to charge a sum up to $45 per HDD if
the Class Member fails to purchase a replacement and meet other requirements. Specifically, if the Settlement Class Member
accepts payment from the Settlement, and fails to send to the Settlement Administrator the HDD that has been replaced and proof of
purchase of either a replacement hard disk drive or a system to replace the system that contained the HDD within forty-five (45) days
of mailing of payment by the Settlement Administrator, the Settlement Class Member?s credit card will be charged the amount (up to
$45 per HDD) of such payment by the Settlement Administrator.
C. Payments to Settlement Class Members who Incurred Data Recovery Expenses Up To January 7, 2004.
Settlement Class Members who submit a statement under penalty of perjury, that up to and including January 7, 2004, they incurred
costs for recovery of data lost due to an HDD failure, as well as receipts proving they incurred such costs, and any other proof that the
Settlement Administrator may reasonably require, will be paid up to a maximum of $1,200 per HDD or the actual expense incurred,
whichever is less.
D. Fees and Costs. At the Settlement Hearing, Class Counsel will apply to the Court for: (1) an award of attorneys?
fees, including reimbursement of actual expenses and costs incurred and the fees of any experts or consultants incurred in
connection with prosecuting the Litigation; (2) the cost of notice and claims administration; and (3) incentive awards for the named
Plaintiffs. Plaintiffs? counsel, in compensation for their time and risk in prosecuting the Litigation on a wholly contingent fee basis,
intend to apply to the Court for an award of attorneys? fees as described in category (1) above in an amount not to exceed twenty-five
percent of the Settlement Fund, plus reimbursement of costs and expenses. Class Counsel will also apply for incentive awards not to
exceed the total amount of $35,000 in consideration for the services rendered by all of the named class representative Plaintiffs on
behalf of the Settlement Class throughout the litigation.
E. Payment to Non-Profit Charitable Organization(s). If there are Settlement funds remaining after the Settlement
Administrator satisfies all valid claims presented by Class Members and pays all other expenses associated with this Settlement, any
and all remaining Settlement funds will be paid to the non-profit charitable organization or organizations which are agreed upon by
Class Counsel and the Defendants subject to the approval of the Court.
F. Releases. The Settlement is intended to settle all claims that were, could have been or should have been asserted
by the Plaintiffs or any Class Member. If the Settlement is approved, all of the Class Members will release Defendants, and all of their
respective parents, subsidiaries (including those entities controlled by or under common control with Defendants through ownership or
control of fifty percent (50%) or greater of the voting power of the shares of such entities, or other means of ownership or control of
such entities), affiliates, predecessors, successors and assigns, officers, agents, representatives, employees, sellers, Original
Equipment Manufacturers ("OEMs"), contractors, subcontractors, distributors, resellers and customers (collectively, ?Released
Persons?) from any and all claims or causes of action that were, could have been, or should have been asserted by the named
Plaintiffs or any Class Member, or any of them, based upon or related to the design, manufacture, advertising, marketing, sale,
warranty, operation or performance of the HDDs, or to the facts, conduct, omissions, transactions, occurrences or matters that were
or could have been alleged in the Litigation (?Released Claims?). The Released Claims may include claims, rights, demands, causes
of action, liabilities or suits that are not known or suspected to exist as of the date that the release becomes effective and,
nevertheless, members of the Settlement Class will still release any such Released Claims, and further waive any rights, benefits, or
protections of California Civil Code § 1542 or any comparable statutory or common law provision of any other jurisdiction to the
contrary.
V. DO I NEED TO DO ANYTHING NOW IN ORDER TO PARTICIPATE IN THE SETTLEMENT?
If you have one or more HDDs in your possession, you should make certain that you keep them all in a secure
location so that you preserve your rights to participate in this Settlement. If you have receipts or other documents
regarding your purchase of an HDD, receipts or other documents regarding your replacement of an HDD, or receipts or
other documents regarding any payments you made for data recovery services with respect to an HDD, you should make
certain that you keep the originals and all copies of these documents in a secure location so that you preserve your rights
to participate in this Settlement. If you did not receive this notice by e-mail or regular mail without requesting it, you must
register by calling (800) 878-2618, register on-line at www.hddclassactionsettlement.com, write the Settlement Administrator
at HDD Class Action Settlement Administrator, P.O. Box 9000 #6146, Merrick, NY 11566-9000, or send the Settlement
Administrator an e-mail at administrator@hddclassactionsettlement.com in order to receive future notices about the
Settlement, including the Claim Form you will need to claim benefits if the Settlement is approved. If you wish to participate in
the Settlement, you do not need to do anything further at this time. If you purchased one or more HDDs, you are a member of the
Settlement Class. To make a claim for payment pursuant to this Settlement, you will be required to complete a Claim Form in the
future. You will receive this Claim Form if and after the Settlement becomes final, which will happen at the earliest in Spring of 2004.
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Claim Forms will also be available by calling the toll free number set forth below or by contacting Lead Counsel. If you change your
address, and want to receive a Claim Form at your new address, you should send a notice of your change in address to the
Settlement Administrator at the address set forth above. If you want to register now to receive a Claim Form, you can telephone, email
or write the Settlement Administrator at the addresses and telephone number above.
VI. WHO REPRESENTS THE SETTLEMENT CLASS?
The Court designated Plaintiffs, Hurkes Harris Design Associates, Inc., Lester Ronald Hicks, and William J. Murray, as
representatives of the Settlement Class. Class Counsel are the following law firms: Shepherd, Finkelman, Miller & Shah, LLC,
Sheller, Ludwig & Badey, P.C., The Mason Law Firm, PC and Schubert & Reed LLP. The Court has appointed Scott R. Shepherd,
Esquire and James E. Miller, Esquire of Shepherd, Finkelman, Miller & Shah, LLC as Lead Counsel for the Settlement Class.
VII. WHAT ARE THE REASONS FOR SETTLEMENT?
Class Counsel reached this proposed Settlement after weighing the risks and benefits to the Settlement Class of this
Settlement compared with those of continuing the litigation. The factors that Class Counsel considered included the uncertainty and
delay associated with continued litigation, a trial and appeals, and the uncertainty of various legal issues that have yet to be
determined. Class Counsel balanced these and other substantial risks in determining that the Settlement is fair, reasonable and
adequate in light of all circumstances and in the best interest of the Settlement Class Members. Defendants have agreed to this
proposed Settlement because, although they deny the claims asserted by Plaintiffs, they wish to avoid the uncertainty and expense of
further protracted litigation.
VIII. WHAT ARE MY RIGHTS AND OPTIONS?
A. Remain a Settlement Class Member and Make a Claim. You may remain a member of the Settlement Class,
represented by Class Counsel, in which case you need not do anything except to retain your HDD and documents, and if applicable,
register with the Settlement Administrator, as described in part V above. At a later date, you will need to submit your Claim Form, as
well as any required documentation and materials, prior to the filing deadline (which will be set by that later date) in order to preserve
your right to receive a portion of the Settlement funds. As a Class Member, you will be represented by Class Counsel and will have
rights to participate in the Settlement. If the Settlement is approved by the Court, the Settlement will result in a release and dismissal
of your claims. As a member of the Settlement Class, you will not be charged for the services of Class Counsel.
B. Remain a Settlement Class Member, Retain an Attorney of Your Choice and/or Seek to Intervene. You may
remain a member of the Settlement Class but elect to hire your own attorney to represent you, at your own expense. You have the
right, either personally or through an attorney retained by you at your own expense, to seek to intervene in the lawsuit. You or your
attorney should file any such request to intervene with the Court no later than January 30, 2004 and mail a copy to the Settlement
Administrator postmarked no later than January 30, 2004. Even though you are represented by your own attorney you will continue
to be a Class Member. You will be responsible for any fees and costs charged by your attorney.
C. Exclude Yourself or ?Opt Out? of the Settlement Class. You are not required to participate in this Settlement
and you may exclude yourself from the Settlement Class. If you are a Class Member, but do not want to remain in the Settlement
Class, you may exclude yourself (?opt out?) and we will have no further contact with you on this issue. If you exclude yourself from the
Settlement Class, you will lose any right to participate in the Settlement. You will also lose the right to have objections to the
Settlement considered by the Court before it rules on the Settlement. You will be free to pursue any claims you may have against the
Defendants and/or any of the other Released Persons on your own behalf but you will not be represented by Class Counsel. In order
to exclude yourself from the Settlement Class, you must submit a request for exclusion, which must contain: (1) the name of the
lawsuit; (2) your full name, current address and phone number; (3) your signature; (4) proof of your membership in the Settlement
Class, including proof of your ownership of an HDD identified by model number and serial number; and (5) a specific statement of
your intention to exclude yourself from this lawsuit (for example, ?Please exclude me from the Settlement Class in the HDD
Litigation.?). Requests for Exclusion must be postmarked no later than January 30, 2004 and sent to the Settlement Administrator at
the following address: HDD Class Action Settlement Administrator, P.O. Box 9000 #6146, Merrick, NY 11566-9000.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude
yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is
approved by the Court.
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D. Object to the Settlement. You may remain a member of the Settlement Class, and on your own behalf, or through
your own attorney, object to the certification of the Settlement Class, to the terms of the proposed Settlement and/or to the application
for attorneys? fees. To do so, you or your own attorney must file a written objection, which must contain: (1) the name of this lawsuit;
(2) your full name, current address and telephone number; (3) your signature; (4) documents to establish that you are a member of
the Settlement Class; (5) the specific reason(s) for your objection; (6) any and all evidence and supporting papers (including, without
limitation, all briefs, written evidence, and declarations) that you would like the Court to consider. If you wish to appear at the
Settlement Hearing (discussed below) and be heard, you may do so only if you indicate your desire to appear personally in your
written objection. Objections and any supporting papers or briefs, including proof of membership in the Settlement Class, must be
filed with the Court no later than January 30, 2004, and such objections and any supporting papers or briefs must be mailed to the
Settlement Administrator and be postmarked no later than January 30, 2004 at the address listed in paragraph VIII.C above.
If you do not comply with these procedures and the deadline for objections, you will lose any opportunity to have your
objection considered at the Settlement Hearing or otherwise to contest the approval of the Settlement or to appeal from any
orders or judgments entered by the Court in connection with the proposed Settlement.
E. Do Nothing and Give Up Rights. If you do not submit a Claim Form prior to the filing deadline (which will be set at
a later date), do not exclude yourself from or ?opt out? of the Settlement Class prior to January 30, 2004, and do not object to the
Settlement prior to January 30, 2004, you will lose important rights and will be bound by the terms of the Settlement
Agreement if it is approved by the Court.
IX. WHEN IS THE COURT HEARINGS AND WHAT IS IT FOR?
On March 2, 2004 at 9:00 a.m. in Courtroom 17C, the Santa Clara Superior Court will hold a public hearing (the ?Settlement
Hearing?) in the California Superior Court for the County of Santa Clara, 191 North First Street, San Jose, California, 95113, to
determine whether the Class was properly certified, whether the proposed Settlement is fair, adequate, and reasonable and should be
approved, and whether Class Counsel?s application for attorneys? fees and expenses should be approved. The Settlement Hearing
may be continued or rescheduled by the Court without further notice. Class Members who support the Proposed Settlement may but
are not required to appear at the hearings or take any other action to indicate their approval. Class Members who object to the
Proposed Settlement are not required to attend the Settlement Hearing. If you want to be heard orally in opposition to the Settlement
or in support of any objection to the proposed Settlement, either personally or through counsel, you must indicate your intention to
appear at the Settlement Hearing on March 2, 2004 in your written objection.
X. WHERE CAN I GET MORE INFORMATION?
If you have questions about this Notice or the Settlement, you should call (800) 878-2618, visit the following Settlement
website addresses: www.hddclassactionsettlement.com or www.classactioncounsel.com, write to the Settlement Administrator at
HDD Class Action Settlement Administrator, P.O. Box 9000 # 6146, Merrick, NY 11566-9000, or send the Settlement Administrator an
e-mail at administrator@hddclassactionsettlement.com for more information or to request that a copy of this Notice be sent to you in
the mail. If you did not receive this Notice by e-mail or regular mail without requesting it, you must register by calling (800) 878-2618,
register on-line at www.hddclassactionsettlement.com, or write the Settlement Administrator at HDD Class Action Settlement
Administrator, P.O. Box 9000 # 6146, Merrick, NY 11566-9000 or send the Settlement Administrator an e-mail at
administrator@hddclassactionsettlement.com in order to receive future notices about the Settlement, including the Claim Form you
will need to claim benefits if the Settlement is approved. If you wish to communicate directly with Lead Counsel or have any
questions for them, you may contact Scott R. Shepherd or James E. Miller at Shepherd, Finkelman, Miller & Shah, LLC, 35 E. State
Street, Media, PA 19063 or visit Lead Counsel?s website at www.classactioncounsel.com. You may also seek advice and guidance
from your own private attorney at your own expense, if you so desire. This Notice, which has been approved by the Court, is only a
summary. For more detailed information, you may review the Settlement Agreement, containing the complete terms of the proposed
Settlement, which is on file with the Court and available to be inspected at any time during regular business hours at the Clerk?s Office
or at the website addresses listed above. You may also review the pleadings, records, and other papers on file at the Clerk?s Office.
The Clerk of the Court for Santa Clara County Superior Court is located at 191 North First Street, San Jose, California, 95113.
PLEASE DO NOT WRITE OR TELEPHONE THE COURT, DEFENDANTS OR ANY OF THEIR AGENTS FOR INFORMATION
ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.
Dated: October 7, 2003 The Honorable Jack Komar
Judge of the Superior Court
--------------------------------------------------------------------------------
Date Posted: 11/18/2002 9:35 AM
Posted By: dmcowen674 (Elite Member)
Attention Consumers Worldwide:
Thousands that have Fujitsu Hard Drives in your Personal Computers may have already experienced a premature failure. Potentially millions more may fail and may not know they have the flawed drive in their machine.
First I would like to thank The PC Association based in England for leading the charge in the investigation in this awful situation as they put it of a worldwide consumer abuse and cover up by a huge corporation. Also The Register, a Website Publication based in England for their continued coverage of this situation. Thanks also go to Anandtech.com in the U.S. for giving me the permission to post this as the U.S. is now more involved. I as well as many others have been personally affected by this and have one of these dead drives, it was in my wife?s PC less than 3 months when it failed leaving no access to the data at all.
Below is the website of a Law firm in the United States leading up a class action lawsuit against Fujitsu. Check your hard drive for this MPG series. If you have experienced a failure, fill out the form. If your drive is still working, get a different brand drive and transfer the data immediately before it is too late.
Fujitsu Corporation Of America Class Action Lawsuit:
http://www.bigclassaction.com/class_action/complaint_form_fujitsu.html
Scott R. Shepherd
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, PA 19063
610/891-9880
610/891-9883 fax
www.classactioncounsel.com
Fujitsu admits 4.9 million (potentially) defective HDDs
By Keith Warburton, PC Association
Posted: 05/11/2002 at 09:16 GMT
http://www.theregister.co.uk/content/63/27926.html
Ouch! Fujitsu to replace 300,000 faulty HDDs
By Drew Cullen
Posted: 13/09/2002 at 10:25 GMT
http://www.theregister.co.uk/content/54/27109.html
Bang! PC Association slams Fujitsu HDDs
By Drew Cullen
Posted: 16/09/2002 at 14:03 GMT
http://www.theregister.co.uk/content/54/27136.html
Wallop! Fujitsu Europe fudges HDD recall
By John Leyden
Posted: 16/09/2002 at 20:02 GMT
http://www.theregister.co.uk/content/54/27143.html
Nelson did not want to tell us which markets the affected HDDs have ended up. From our bulging email inbox we are now assuming that this is a worldwide issue.
Great Fujitsu hard drive fiasco rumbles on
By John Leyden
Posted: 24/09/2002 at 11:31 GMT
http://www.theregister.co.uk/content/51/27268.html
Posted by David McOwen
11/18/2002
Locked at the top, keep us updated on the progress.
AnandTech Moderator
E-mail administrator@hddclassactionsettlement.com to secure your claim!!!
You heard about here at Anandtech first folks. I was involved early on for U.S. claimants as I happened to get one of these faulty drives soon after they were made.
Hey Dave, I don't suppose you have that hard drive utility from Fujitsu saved? It seem to have disappeared from the web site. When you click on it you get a 404 and if you try right clicking and save as, you get a similar error.
I can't PM back Bunker.
Yes, I found the Fujitsu Utility on my system and I will post up to my DSLModemsDirect.com website as soon as I finished typing this.
The file name is FJDT.exe (short for Fujitsu Drive Test)
There is a pdf file called Status_Code_FJDT_Rev02.pdf that gives a detailed description of the test codes.
Edit: Here is the page I put up on the website:
Fujitsu Hard Drive Test Utility and Lawsuit Settlement details
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10-22-2003 Fujitsu HDD fiasco to end in $42.5m pay-out
The drives, made between September 2000 and September 2001, contain a faulty controller chip.
It quickly emerged that the drives were to be found in PCs in Europe and the US, as well as Japan, though Fujitsu later said that there was no recall programme in place.
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10-21-2003 Important - Notice of Class Action Hard Disk Drive Settlement
This notice is being sent to you by Order of the Superior Court of California to inform you of a proposed Hard Drive Class Action Settlement. This notice is being sent to you by the Settlement Administrator appointed by the Court. The notice is being sent to you because you were identified as a person or entity that may have purchased one of the allegedly defective hard disk drives at issue and you may be entitled to claim benefits under the Class Action Settlement. Please click on the link below to view the full Notice of Class Action Settlement and Hearing which provides more detailed and complete information regarding the Class Action Settlement. If you have any difficulty or concerns about this e-mail or the attached link, please telephone us at 1-800-878-2618 or e-mail us at administrator@hddclassactionsettlement.com.
http://www.hddclassactionsettlement.com/notice.pdf
This document is in PDF format. Adobe Acrobat is required to view PDF. If you do not have Acrobat, please go to http://www.adobe.com/products/acrobat/readstep2.html to download the free Adobe Acrobat Reader.
DO NOT REPLY TO THIS E-MAIL BY CLICKING THE REPLY BUTTON. If you reply to this e-mail by clicking the Reply button, your reply will not be read.
1 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
x
:
HURKES HARRIS DESIGN : CASE NO. CV 812127
ASSOCIATES, INC. et al., :
: CLASS ACTION
Plaintiffs, :
:
v. :
:
FUJITSU COMPUTER PRODUCTS OF :
AMERICA, INC. et al., :
:
Defendants. :
x
NOTICE OF PROPOSED SETTLEMENT AND HEARING
If you bought in the United States certain models of Fujitsu brand
Desktop 3.5? IDE hard disk drives or a personal computer or other system
containing these Fujitsu brand Desktop 3.5? IDE hard disk drives, you
could benefit from a class action settlement. These hard disk drives
(?HDDs?) were sold in the United States beginning in 2000, either
separately or as component parts in desktop computers manufactured by
various companies.
A state court in California authorized this notice. This is not a solicitation from a lawyer.
? The settlement will provide $42.5 million to pay claims of all consumers and other end users who bought certain Fujitsu Desktop
3.5? IDE hard disk drives (?HDDs?) or personal computers or other systems containing these hard disk drives. This notice
provides you with information about how you can determine if you have or had an HDD and can benefit from the class
action settlement (see Section III.B below).
? The settlement resolves a lawsuit in which claims have been made that Defendants, Fujitsu Computer Products of America, Inc.
(?FCPA?), Hewlett-Packard Company (?HP?) and Gateway, Inc. (?Gateway?), as well as others, provided a defective product
(certain 3.5? Desktop IDE hard disk drives, or HDDs, as more fully defined in part III.A below, bearing the Fujitsu brand) to end
users and misled end users about this product. The lawsuit asserted that the HDDs contained a defective computer chip and a
bug in the controller firmware which resulted in the failure of the HDDs at unacceptably high rates and/or problems with data
integrity. Defendants deny these claims.
? Your legal rights are affected whether you act, or don?t act. Read this notice carefully.
? If you have already incurred expenses replacing an HDD or for data recovery services to recover data from an HDD, you may
be able to obtain a recovery as part of this settlement.
? If, in the future, you incur expenses replacing an HDD or for data recovery services to recover data from an HDD, you may be
able to obtain a recovery as part of this settlement.
? If you have an HDD and wish to replace it to avoid any risk of future problems with it, you may be able to obtain a recovery as
part of this settlement.
? These rights and options - and the deadlines to exercise them - are explained in this notice.
? The Court in charge of this case still must decide whether to approve the settlement. Claim Forms will be provided and
payments will be made if and only if the Court approves the settlement and after any appeals are resolved. Please be patient
since it is anticipated that the entire process will take at least 10 months to complete.
2 2
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Submit a Claim Form
(Section VIII.A below)
The only way to get payment.
Exclude Yourself
(Section VIII.C below)
Get no payment. This is the only option that allows you to ever be part of any other
lawsuit against Defendants and others about the legal claims in this case.
Object
(Section VIII.D below)
Write to the Court about why you don?t like the settlement.
Go to a Hearing
(Section IX below)
Ask to speak in Court about the fairness of the settlement.
Ask to Intervene
(Section VIII.B below)
Ask the Court to let you intervene (i.e., become a party) in the lawsuit.
Do Nothing
(Section VIII.E below)
Get no payment. Give up rights.
I. WHY SHOULD I READ THIS NOTICE?
You may be a member of the Settlement Class (defined and discussed below). This is a class action lawsuit that the parties
have proposed to settle. If the proposed settlement (?Settlement?) is approved by the Court, your legal rights may be affected.
This Notice describes what the lawsuit is about, explains the terms of the Settlement, tells you who would be covered and
what legal claims would be resolved by the Settlement if the Court approves it, and explains that the Court will hold a hearing to
consider the fairness, reasonableness and adequacy of the Settlement that has been proposed.
II. WHAT IS THE PROPOSED SETTLEMENT ABOUT?
A lawsuit was filed in a California state court by a company and two individuals, who are the Plaintiffs in the case, on behalf
of all persons or entities residing, domiciled or located in the United States who purchased certain Desktop 3.5? IDE hard disk drives,
or HDDs, bearing the Fujitsu brand as separate products or as components in personal computers or other systems. The Defendants
in the lawsuit are FCPA, HP and Gateway (collectively ?Defendants?). The Plaintiffs assert claims on behalf of all end users of these
HDDs for violations of state laws against unfair competition and false advertising, breach of express and implied warranties and unjust
enrichment in connection with the Defendants? marketing, advertising, sales and servicing of these hard disk drives to consumers and
other end users nationwide. Each Defendant denies the claims asserted by Plaintiffs and denies that it is liable in any way to
Plaintiffs or any end users of the HDDs.
III. WHO IS COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT?
A. The Desktop 3.5? IDE Hard Disk Drives or ?HDDs? at Issue in this Class Action. If you purchased one or
more of the following Fujitsu brand Desktop 3.5? IDE hard disk drives, which are referred to in this Notice as ?HDDs,? either as a
separate item or as part of a personal computer or other system/device, you may be entitled to benefit from the Settlement: PB-15H
hard disk drives (also referred to as the MPF3xxx-AH series of hard disk drives) and PB-16 hard disk drives (also referred to as the
MPG3xxx series of hard disk drives). The HDDs at issue bear a model number composed of or starting with the sequence
MPF3102AH, MPF3153AH, MPF3204AH, MPG3102, MPG3153, MPG3204, MPG3307, or MPG3409, which may be followed by
alphabetical character(s).
B. How Do I Determine If I Have or Had One of the HDDs at Issue in this Class Action? There are a number of
different ways that you may be able to determine if you have or had one of the HDDs at issue. First, you can download a free utility
from the internet that may help you determine if the hard disk drive in your computer or other system is one of the HDDs at issue.
Second, you may be able to physically inspect the hard disk drive or other system to determine if it is one of the HDDs at issue.
Third, if you review the documents accompanying your purchase of the hard disk drive that you suspect may have been an HDD, or
the computer or other system containing the hard disk drive that you suspect may have contained an HDD, you may be able to
determine if you have or had an HDD. Fourth, if you contact the company or person from which you purchased the hard disk drive
(either as a separate item or as a component in a computer or other system) or a computer professional, they may be able to help you
determine whether the hard disk drive is or was an HDD.
3 3
1. Downloadable Utility. You can download a free utility which may assist you in determining if the hard
disk drive in your computer is one of the models at issue at the following website: www.hddclassactionsettlement.com. If you have
any questions regarding the use of this utility, please telephone the Settlement Administrator at (800) 878-2618 or send the
Settlement Administrator an e-mail at administrator@hddclassactionsettlement.com. The utility requires that your computer system
use a Microsoft Windows operating system. You should follow the instructions described in the ?readme? file of the utility.
2. Physical Inspection of the Desktop 3.5? IDE Hard Disk Drive. You also may be able to physically
check to see if you have an HDD. Before physically checking if you have an HDD, you should save any important data on the
hard disk drive onto a back-up disk, tape or other appropriate storage device, properly exit from any programs that are
operating on the computer or other system, shut down the computer or other system, and unplug the power source. You
should make certain that you understand how to safely check if you have an HDD without causing any harm to yourself, the hard disk
drive, or any computer or other device containing the hard disk drive. If you are uncertain how to do this, you should contact the
manufacturer of your computer or other system, or whoever you purchased it from.
3. Review Documents. If you review the documents accompanying your purchase of the hard disk drive
that you suspect may have been an HDD, or the computer or other system containing the hard disk drive that you suspect may have
contained an HDD, you may be able to determine if you have or had an HDD. If you have any questions regarding the documents
that you should be looking for, please telephone the Settlement Administrator at (800) 878-2618 or send the Settlement Administrator
an e-mail at administrator@hddclassactionsettlement.com.
4. Contact Seller or Computer Professional. If you contact the seller from whom you purchased the hard
disk drive (either as a separate item or as a component in a computer or other system) or a computer professional, they may be able
to assist you in determining whether the hard disk drive at issue is or was an HDD. If you have any questions regarding the person or
company that you should contact, please telephone the Settlement Administrator at (800) 878-2618 or send the Settlement
Administrator an e-mail at administrator@hddclassactionsettlement.com.
C. The Settlement Class. All persons or entities residing, domiciled or located in the United States, who acquired or
purchased in the United States for their own use and not for resale any HDD, including end users who purchased or acquired standalone
HDDs or HDDs as a pre-installed component of any computer system or other system or device. Excluded from the Settlement
Class are FCPA, HP and Gateway, as well as their officers, directors, employees, and those who validly request exclusion from the
Settlement Class in accordance with procedures ordered by the Court.
D. The Effect of Membership in the Settlement Class. If you fit the definition of the Settlement Class, you are
automatically a member of the Settlement Class unless you exclude yourself (?opt out?) by following the procedures for
exclusion set forth in this Notice. Settlement Class Members are eligible to receive the benefits under the Settlement and will be
bound by the Settlement if it is approved by the Court. Persons who exclude themselves from the Settlement Class will not be bound
by the Settlement and will not share its proceeds.
IV. WHAT ARE THE TERMS OF THE SETTLEMENT?
The Settlement was negotiated with Defendants by the attorneys for the Settlement Class (?Class Counsel?). Class Counsel
believe that this Settlement, which has received preliminary approval from the Court, and which is subject to final approval after
Settlement Hearing to be held on March 2, 2004 at 9:00 a.m. in San Jose, California, is in the best interest of the Class Members. As
part of the Settlement, Defendants and Class Counsel have agreed that FCPA will pay a total of $42.5 million into a Settlement Fund,
from which the following payments will be made to eligible Settlement Class Members:
A. Payments to Settlement Class Members who Replaced Desktop 3.5? IDE HDDs Prior to December 13, 2003.
Settlement Class Members who provide proof (by production of a receipt or other appropriate documentation) that they owned an
HDD, incurred expenses to replace it prior to December 13, 2003, and have not been compensated for such replacement, will be paid
up to $45 per HDD.
B. Payments to Settlement Class Members who Replaced Desktop 3.5? IDE HDDs on or After December 13,
2003. Settlement Class Members will be paid up to $45 per HDD if they have an HDD and either:
1. Purchase a replacement hard disk drive (or a system to replace their current system containing an HDD) after
December 13, 2003 and send to the Settlement Administrator the following: (1) an HDD, (2) proof of purchase of the replacement
hard disk drive for the HDD or the replacement system, and (3) a signed Claim Form stating that they purchased the replacement
hard disk drive or system pursuant to this Settlement; or
4 4
2. Submit to the Settlement Administrator the following: (1) a Claim Form attesting to their current ownership of an
HDD, and to their intention to purchase a replacement hard disk drive or a system to replace a system currently containing the HDD;
and (2) the number of a valid credit card to which the Settlement Administrator will be permitted to charge a sum up to $45 per HDD if
the Class Member fails to purchase a replacement and meet other requirements. Specifically, if the Settlement Class Member
accepts payment from the Settlement, and fails to send to the Settlement Administrator the HDD that has been replaced and proof of
purchase of either a replacement hard disk drive or a system to replace the system that contained the HDD within forty-five (45) days
of mailing of payment by the Settlement Administrator, the Settlement Class Member?s credit card will be charged the amount (up to
$45 per HDD) of such payment by the Settlement Administrator.
C. Payments to Settlement Class Members who Incurred Data Recovery Expenses Up To January 7, 2004.
Settlement Class Members who submit a statement under penalty of perjury, that up to and including January 7, 2004, they incurred
costs for recovery of data lost due to an HDD failure, as well as receipts proving they incurred such costs, and any other proof that the
Settlement Administrator may reasonably require, will be paid up to a maximum of $1,200 per HDD or the actual expense incurred,
whichever is less.
D. Fees and Costs. At the Settlement Hearing, Class Counsel will apply to the Court for: (1) an award of attorneys?
fees, including reimbursement of actual expenses and costs incurred and the fees of any experts or consultants incurred in
connection with prosecuting the Litigation; (2) the cost of notice and claims administration; and (3) incentive awards for the named
Plaintiffs. Plaintiffs? counsel, in compensation for their time and risk in prosecuting the Litigation on a wholly contingent fee basis,
intend to apply to the Court for an award of attorneys? fees as described in category (1) above in an amount not to exceed twenty-five
percent of the Settlement Fund, plus reimbursement of costs and expenses. Class Counsel will also apply for incentive awards not to
exceed the total amount of $35,000 in consideration for the services rendered by all of the named class representative Plaintiffs on
behalf of the Settlement Class throughout the litigation.
E. Payment to Non-Profit Charitable Organization(s). If there are Settlement funds remaining after the Settlement
Administrator satisfies all valid claims presented by Class Members and pays all other expenses associated with this Settlement, any
and all remaining Settlement funds will be paid to the non-profit charitable organization or organizations which are agreed upon by
Class Counsel and the Defendants subject to the approval of the Court.
F. Releases. The Settlement is intended to settle all claims that were, could have been or should have been asserted
by the Plaintiffs or any Class Member. If the Settlement is approved, all of the Class Members will release Defendants, and all of their
respective parents, subsidiaries (including those entities controlled by or under common control with Defendants through ownership or
control of fifty percent (50%) or greater of the voting power of the shares of such entities, or other means of ownership or control of
such entities), affiliates, predecessors, successors and assigns, officers, agents, representatives, employees, sellers, Original
Equipment Manufacturers ("OEMs"), contractors, subcontractors, distributors, resellers and customers (collectively, ?Released
Persons?) from any and all claims or causes of action that were, could have been, or should have been asserted by the named
Plaintiffs or any Class Member, or any of them, based upon or related to the design, manufacture, advertising, marketing, sale,
warranty, operation or performance of the HDDs, or to the facts, conduct, omissions, transactions, occurrences or matters that were
or could have been alleged in the Litigation (?Released Claims?). The Released Claims may include claims, rights, demands, causes
of action, liabilities or suits that are not known or suspected to exist as of the date that the release becomes effective and,
nevertheless, members of the Settlement Class will still release any such Released Claims, and further waive any rights, benefits, or
protections of California Civil Code § 1542 or any comparable statutory or common law provision of any other jurisdiction to the
contrary.
V. DO I NEED TO DO ANYTHING NOW IN ORDER TO PARTICIPATE IN THE SETTLEMENT?
If you have one or more HDDs in your possession, you should make certain that you keep them all in a secure
location so that you preserve your rights to participate in this Settlement. If you have receipts or other documents
regarding your purchase of an HDD, receipts or other documents regarding your replacement of an HDD, or receipts or
other documents regarding any payments you made for data recovery services with respect to an HDD, you should make
certain that you keep the originals and all copies of these documents in a secure location so that you preserve your rights
to participate in this Settlement. If you did not receive this notice by e-mail or regular mail without requesting it, you must
register by calling (800) 878-2618, register on-line at www.hddclassactionsettlement.com, write the Settlement Administrator
at HDD Class Action Settlement Administrator, P.O. Box 9000 #6146, Merrick, NY 11566-9000, or send the Settlement
Administrator an e-mail at administrator@hddclassactionsettlement.com in order to receive future notices about the
Settlement, including the Claim Form you will need to claim benefits if the Settlement is approved. If you wish to participate in
the Settlement, you do not need to do anything further at this time. If you purchased one or more HDDs, you are a member of the
Settlement Class. To make a claim for payment pursuant to this Settlement, you will be required to complete a Claim Form in the
future. You will receive this Claim Form if and after the Settlement becomes final, which will happen at the earliest in Spring of 2004.
5 5
Claim Forms will also be available by calling the toll free number set forth below or by contacting Lead Counsel. If you change your
address, and want to receive a Claim Form at your new address, you should send a notice of your change in address to the
Settlement Administrator at the address set forth above. If you want to register now to receive a Claim Form, you can telephone, email
or write the Settlement Administrator at the addresses and telephone number above.
VI. WHO REPRESENTS THE SETTLEMENT CLASS?
The Court designated Plaintiffs, Hurkes Harris Design Associates, Inc., Lester Ronald Hicks, and William J. Murray, as
representatives of the Settlement Class. Class Counsel are the following law firms: Shepherd, Finkelman, Miller & Shah, LLC,
Sheller, Ludwig & Badey, P.C., The Mason Law Firm, PC and Schubert & Reed LLP. The Court has appointed Scott R. Shepherd,
Esquire and James E. Miller, Esquire of Shepherd, Finkelman, Miller & Shah, LLC as Lead Counsel for the Settlement Class.
VII. WHAT ARE THE REASONS FOR SETTLEMENT?
Class Counsel reached this proposed Settlement after weighing the risks and benefits to the Settlement Class of this
Settlement compared with those of continuing the litigation. The factors that Class Counsel considered included the uncertainty and
delay associated with continued litigation, a trial and appeals, and the uncertainty of various legal issues that have yet to be
determined. Class Counsel balanced these and other substantial risks in determining that the Settlement is fair, reasonable and
adequate in light of all circumstances and in the best interest of the Settlement Class Members. Defendants have agreed to this
proposed Settlement because, although they deny the claims asserted by Plaintiffs, they wish to avoid the uncertainty and expense of
further protracted litigation.
VIII. WHAT ARE MY RIGHTS AND OPTIONS?
A. Remain a Settlement Class Member and Make a Claim. You may remain a member of the Settlement Class,
represented by Class Counsel, in which case you need not do anything except to retain your HDD and documents, and if applicable,
register with the Settlement Administrator, as described in part V above. At a later date, you will need to submit your Claim Form, as
well as any required documentation and materials, prior to the filing deadline (which will be set by that later date) in order to preserve
your right to receive a portion of the Settlement funds. As a Class Member, you will be represented by Class Counsel and will have
rights to participate in the Settlement. If the Settlement is approved by the Court, the Settlement will result in a release and dismissal
of your claims. As a member of the Settlement Class, you will not be charged for the services of Class Counsel.
B. Remain a Settlement Class Member, Retain an Attorney of Your Choice and/or Seek to Intervene. You may
remain a member of the Settlement Class but elect to hire your own attorney to represent you, at your own expense. You have the
right, either personally or through an attorney retained by you at your own expense, to seek to intervene in the lawsuit. You or your
attorney should file any such request to intervene with the Court no later than January 30, 2004 and mail a copy to the Settlement
Administrator postmarked no later than January 30, 2004. Even though you are represented by your own attorney you will continue
to be a Class Member. You will be responsible for any fees and costs charged by your attorney.
C. Exclude Yourself or ?Opt Out? of the Settlement Class. You are not required to participate in this Settlement
and you may exclude yourself from the Settlement Class. If you are a Class Member, but do not want to remain in the Settlement
Class, you may exclude yourself (?opt out?) and we will have no further contact with you on this issue. If you exclude yourself from the
Settlement Class, you will lose any right to participate in the Settlement. You will also lose the right to have objections to the
Settlement considered by the Court before it rules on the Settlement. You will be free to pursue any claims you may have against the
Defendants and/or any of the other Released Persons on your own behalf but you will not be represented by Class Counsel. In order
to exclude yourself from the Settlement Class, you must submit a request for exclusion, which must contain: (1) the name of the
lawsuit; (2) your full name, current address and phone number; (3) your signature; (4) proof of your membership in the Settlement
Class, including proof of your ownership of an HDD identified by model number and serial number; and (5) a specific statement of
your intention to exclude yourself from this lawsuit (for example, ?Please exclude me from the Settlement Class in the HDD
Litigation.?). Requests for Exclusion must be postmarked no later than January 30, 2004 and sent to the Settlement Administrator at
the following address: HDD Class Action Settlement Administrator, P.O. Box 9000 #6146, Merrick, NY 11566-9000.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude
yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is
approved by the Court.
6 6
D. Object to the Settlement. You may remain a member of the Settlement Class, and on your own behalf, or through
your own attorney, object to the certification of the Settlement Class, to the terms of the proposed Settlement and/or to the application
for attorneys? fees. To do so, you or your own attorney must file a written objection, which must contain: (1) the name of this lawsuit;
(2) your full name, current address and telephone number; (3) your signature; (4) documents to establish that you are a member of
the Settlement Class; (5) the specific reason(s) for your objection; (6) any and all evidence and supporting papers (including, without
limitation, all briefs, written evidence, and declarations) that you would like the Court to consider. If you wish to appear at the
Settlement Hearing (discussed below) and be heard, you may do so only if you indicate your desire to appear personally in your
written objection. Objections and any supporting papers or briefs, including proof of membership in the Settlement Class, must be
filed with the Court no later than January 30, 2004, and such objections and any supporting papers or briefs must be mailed to the
Settlement Administrator and be postmarked no later than January 30, 2004 at the address listed in paragraph VIII.C above.
If you do not comply with these procedures and the deadline for objections, you will lose any opportunity to have your
objection considered at the Settlement Hearing or otherwise to contest the approval of the Settlement or to appeal from any
orders or judgments entered by the Court in connection with the proposed Settlement.
E. Do Nothing and Give Up Rights. If you do not submit a Claim Form prior to the filing deadline (which will be set at
a later date), do not exclude yourself from or ?opt out? of the Settlement Class prior to January 30, 2004, and do not object to the
Settlement prior to January 30, 2004, you will lose important rights and will be bound by the terms of the Settlement
Agreement if it is approved by the Court.
IX. WHEN IS THE COURT HEARINGS AND WHAT IS IT FOR?
On March 2, 2004 at 9:00 a.m. in Courtroom 17C, the Santa Clara Superior Court will hold a public hearing (the ?Settlement
Hearing?) in the California Superior Court for the County of Santa Clara, 191 North First Street, San Jose, California, 95113, to
determine whether the Class was properly certified, whether the proposed Settlement is fair, adequate, and reasonable and should be
approved, and whether Class Counsel?s application for attorneys? fees and expenses should be approved. The Settlement Hearing
may be continued or rescheduled by the Court without further notice. Class Members who support the Proposed Settlement may but
are not required to appear at the hearings or take any other action to indicate their approval. Class Members who object to the
Proposed Settlement are not required to attend the Settlement Hearing. If you want to be heard orally in opposition to the Settlement
or in support of any objection to the proposed Settlement, either personally or through counsel, you must indicate your intention to
appear at the Settlement Hearing on March 2, 2004 in your written objection.
X. WHERE CAN I GET MORE INFORMATION?
If you have questions about this Notice or the Settlement, you should call (800) 878-2618, visit the following Settlement
website addresses: www.hddclassactionsettlement.com or www.classactioncounsel.com, write to the Settlement Administrator at
HDD Class Action Settlement Administrator, P.O. Box 9000 # 6146, Merrick, NY 11566-9000, or send the Settlement Administrator an
e-mail at administrator@hddclassactionsettlement.com for more information or to request that a copy of this Notice be sent to you in
the mail. If you did not receive this Notice by e-mail or regular mail without requesting it, you must register by calling (800) 878-2618,
register on-line at www.hddclassactionsettlement.com, or write the Settlement Administrator at HDD Class Action Settlement
Administrator, P.O. Box 9000 # 6146, Merrick, NY 11566-9000 or send the Settlement Administrator an e-mail at
administrator@hddclassactionsettlement.com in order to receive future notices about the Settlement, including the Claim Form you
will need to claim benefits if the Settlement is approved. If you wish to communicate directly with Lead Counsel or have any
questions for them, you may contact Scott R. Shepherd or James E. Miller at Shepherd, Finkelman, Miller & Shah, LLC, 35 E. State
Street, Media, PA 19063 or visit Lead Counsel?s website at www.classactioncounsel.com. You may also seek advice and guidance
from your own private attorney at your own expense, if you so desire. This Notice, which has been approved by the Court, is only a
summary. For more detailed information, you may review the Settlement Agreement, containing the complete terms of the proposed
Settlement, which is on file with the Court and available to be inspected at any time during regular business hours at the Clerk?s Office
or at the website addresses listed above. You may also review the pleadings, records, and other papers on file at the Clerk?s Office.
The Clerk of the Court for Santa Clara County Superior Court is located at 191 North First Street, San Jose, California, 95113.
PLEASE DO NOT WRITE OR TELEPHONE THE COURT, DEFENDANTS OR ANY OF THEIR AGENTS FOR INFORMATION
ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.
Dated: October 7, 2003 The Honorable Jack Komar
Judge of the Superior Court
--------------------------------------------------------------------------------
Date Posted: 11/18/2002 9:35 AM
Posted By: dmcowen674 (Elite Member)
Attention Consumers Worldwide:
Thousands that have Fujitsu Hard Drives in your Personal Computers may have already experienced a premature failure. Potentially millions more may fail and may not know they have the flawed drive in their machine.
First I would like to thank The PC Association based in England for leading the charge in the investigation in this awful situation as they put it of a worldwide consumer abuse and cover up by a huge corporation. Also The Register, a Website Publication based in England for their continued coverage of this situation. Thanks also go to Anandtech.com in the U.S. for giving me the permission to post this as the U.S. is now more involved. I as well as many others have been personally affected by this and have one of these dead drives, it was in my wife?s PC less than 3 months when it failed leaving no access to the data at all.
Below is the website of a Law firm in the United States leading up a class action lawsuit against Fujitsu. Check your hard drive for this MPG series. If you have experienced a failure, fill out the form. If your drive is still working, get a different brand drive and transfer the data immediately before it is too late.
Fujitsu Corporation Of America Class Action Lawsuit:
http://www.bigclassaction.com/class_action/complaint_form_fujitsu.html
Scott R. Shepherd
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, PA 19063
610/891-9880
610/891-9883 fax
www.classactioncounsel.com
Fujitsu admits 4.9 million (potentially) defective HDDs
By Keith Warburton, PC Association
Posted: 05/11/2002 at 09:16 GMT
http://www.theregister.co.uk/content/63/27926.html
Ouch! Fujitsu to replace 300,000 faulty HDDs
By Drew Cullen
Posted: 13/09/2002 at 10:25 GMT
http://www.theregister.co.uk/content/54/27109.html
Bang! PC Association slams Fujitsu HDDs
By Drew Cullen
Posted: 16/09/2002 at 14:03 GMT
http://www.theregister.co.uk/content/54/27136.html
Wallop! Fujitsu Europe fudges HDD recall
By John Leyden
Posted: 16/09/2002 at 20:02 GMT
http://www.theregister.co.uk/content/54/27143.html
Nelson did not want to tell us which markets the affected HDDs have ended up. From our bulging email inbox we are now assuming that this is a worldwide issue.
Great Fujitsu hard drive fiasco rumbles on
By John Leyden
Posted: 24/09/2002 at 11:31 GMT
http://www.theregister.co.uk/content/51/27268.html
Posted by David McOwen
11/18/2002
Locked at the top, keep us updated on the progress.
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