class actions settlements

Our January 13 post on the NVIDIA GPU settlement, where class members were promised a “replacement HP notebook computer … of similar kind and value as their eligible malfunctioning notebook computer" as part of a settlement, but are instead getting a $330 Compaq CQ56 notebook, has generated several updates and over 100 comments. Though class counsel suggested to me that patience would result in a fix to the settlement, it did not for the vast majority of aggrieved class members, and we ended up losing five weeks. I've started this post now that the court filings have started, and will update as new filings come in. The court granted our motion to expedite the hearing schedule, but expediting means a March 28 hearing. Over 100 HP owners have asked for the opportunity to provide a declaration to the court. One of my clients has a website with more information: fairnvidiasettlement.com.

• 343. HP Owners' emergency motion to shorten time
• 344. Frank declaration in support of emergency motion
• 345. Plaintiffs' status report and response to emergency motion
• 346. NVIDIA response to emergency motion (Note: NVIDIA says I was not authorized to represent their non-opposition. That's my fault: I incorrectly assumed that when Robert Varian of Orrick e-mailed me to say that there was an "Agreement not to oppose" the motion, that meant there was an agreement not to oppose the motion. Similarly, plaintiffs surprised me when they sat on my proposed schedule for over 24 hours without telling me they changed their minds not to oppose. Live and learn.)
• 347. Court order scheduling briefing and hearing
• 348. Motion to enforce settlement
• 349. Memorandum in support of motion to enforce settlement
• 349-12. Proposed order
• 350. Frank declaration in support of motion to enforce settlement
• 351. Ram/Edelson objectors kibitz on motion
• 352. Brown class members' response to Ram/Edelson objectors
• 353. [Transcript ordering relating to objectors' appeal; not relevant to this motion]
• 354. NVIDIA response to [348] motion
• 355. Jon Peddie (NVIDIA) declaration
• 356. Keith Katchor (NVIDIA) declaration
• 357. Dan Rosenthal (NVIDIA/settlement administrator) declaration
• 358. Milberg response to [348] motion
• 358.1. Westerman declaration
• 358.2. Bagherzadeh declaration
• 358.4. Laratro declaration
• 359. Certificate of service
• 360. Unrelated docket entry regarding procedural step in objector appeal
• 361. Lichterman (NVIDIA/Orrick) declaration
• 362. Reply brief in support of motion to enforce settlement
• 363. Zilles declaration
• 364. Frank supplemental declaration
• 365. Vlastone supplemental declaration and report
• 366. Notice of settling parties' alteration of settlement website
• 367. NVIDIA response to notice of settling parties' alteration of settlement website
• 368. Supplemental Bagherzadeh declaration
• 369. Supplemental Laratro declaration
• 370. Certificate of service
• 371. Supplemental Zilles declaration
• 372. Supplemental Frank declaration
• 373. Docket entry noting hearing and motion under submission
• 374. Horton declaration