Received the following in an email today:
If You Bought a Lithium Ion Battery or Electronics Such as Notebook Computers, Mobile Phones, and/or Other Items Containing a Lithium Ion Battery Since 2000
You Could Get Money From a $19.5 Million Settlement
A Federal Court authorized this Notice. This is not a solicitation from a lawyer.
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Please read this Notice and the Settlement Agreement available at www.batteriesconsumerlitigation.com carefully. Your legal rights may be affected whether you act or don’t act. This Notice is a summary, and it is not intended to, and does not, include all of the specific details of the Settlement Agreement. To obtain more specific details concerning the Settlement, please read the Settlement Agreement.
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A class action lawsuit brought on behalf of indirect purchasers of Lithium Ion Batteries (“Li-Ion Batteries”) and Lithium Ion Battery Products (“Li-Ion Products”) is currently pending. Li-Ion Products include, but are not limited to, laptop computers, notebook computers, netbook computers, tablet computers, mobile phones, smart phones, digital cameras, camcorders, digital video cameras, digital audio players, and power tools.
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Plaintiffs claim that Defendants (listed below) and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain, or stabilize the prices of Lithium Ion Battery Cells (“Li-Ion Cells”). Plaintiffs further claim that indirect purchasers of Li-Ion Batteries and Li-Ion Products may recover for the effect that the conspiracy had on the prices of these devices. Plaintiffs allege that, as a result of the unlawful conspiracy involving Li-Ion Cells, they and other indirect purchasers paid more for Li-Ion Batteries and Li-Ion Products than they would have paid absent the conspiracy. Defendants deny Plaintiffs’ claims.
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A settlement has been reached with Defendants Sony Corporation, Sony Energy Devices Corporation, and Sony Electronics Inc. (collectively “Sony” or “Settling Defendants”).
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Your legal rights will be affected whether you act or don’t act. This Notice includes information on the Settlement and the lawsuit. Please read the entire Notice carefully.
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The following rights and options – and deadlines to exercise them – are explained in this Notice.
YOUR LEGAL RIGHTS AND OPTIONS
EXCLUDE YOURSELF
You will not be included in the Settlement from which you exclude yourself. You will receive no benefits from the Settlement, but you will keep any rights you currently have to sue Sony about the claims in the case(s) from which you exclude yourself.
September 22, 2016
DO NOTHING NOW
You will be included in the Settlement and eligible to file a claim for a payment (if you qualify) at a later date. You will give up your rights to sue the Settling Defendants about the claims in these cases.
OBJECT TO THE SETTLEMENT
If you do not exclude yourself, you can write to the Court explaining why you disagree with the Settlement.
September 22, 2016
GO TO THE HEARING
Ask to speak in Court about your opinion of the Settlement.
November 8, 2016
REGISTER ON THE WEBSITE
The best way to receive notice about filing a claim and updates about the lawsuit.
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The Court in charge of these cases still has to decide whether to finally approve the Settlement. Payments will be made only (1) if the Court approves the Settlement and after any appeals are resolved, and (2) after the Court approves a Distribution Plan to distribute the Settlement Fund minus expenses and any Court-approved attorneys’ fees (“Net Settlement Funds”) to Class Members. The proposed distribution plan for this settlement is to make a pro rata distribution to each class member based upon the number of approved purchases per class member of Li-Ion Batteries during the settlement class period.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION
1.
What Is This Notice About?
2.
What Is This Lawsuit About?
3.
Why Is There A Settlement But The Litigation Is Continuing?
4.
Who Are The Non-Settling Defendant Companies?
5.
What Are Li-Ion Cells, Li-Ion Batteries, And Li-Ion Products?
6.
Why Is This A Class Action?
THE SETTLEMENT
7.
How Do I Know If I May Be Included In The Class?
8.
What Does The Settlement Provide?
HOW TO GET BENEFITS
9.
How Much Money Can I Get?
10.
When Will I Get A Payment?
REMAINING IN THE CLASS
11.
What Happens If I Remain In The Class?
EXCLUDING YOURSELF FROM THE CLASS
12.
How Do I Get Out Of The Class?
13.
If I Don’t Exclude Myself, Can I Sue For The Same Thing Later?
14.
If I Exclude Myself, Can I Still Get Money Benefits?
THE LAWYERS REPRESENTING YOU
15.
Do I Have A Lawyer Representing Me?
16.
How Will The Lawyers Be Paid?
OBJECTING TO THE SETTLEMENT
17.
How Do I Object To Or Comment On The Settlement?
18.
What Is The Difference Between Excluding Myself From The Class And Objecting To The Settlement?
THE FINAL FAIRNESS HEARING
19.
When And Where Will The Court Decide Whether To Approve The Settlement?
20.
Do I Have To Attend The Hearing?
21.
May I Speak At The Hearing?
THE TRIAL
22.
When And Where Will The Trial Against The Non-Settling Defendants Take Place?
23.
What Are The Plaintiffs Asking For From The Non-Settling Defendants?
24.
Will I Get Money After The Trial?
GET MORE INFORMATION
25.
How Do I Get More Information?
BASIC INFORMATION
What Is This Notice About?
This Notice is to inform you about a Settlement reached in this litigation, before the Court decides whether to finally approve the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. The Court in charge is the United States District Court for the Northern District of California. This litigation is known as In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420. The people who sued are called the “Plaintiffs.” The companies they sued are called the “Defendants.”
2.
What Is This Lawsuit About?
The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of Li-Ion Cells for over ten years, resulting in overcharges to indirect purchasers of Li-Ion Batteries and Li-Ion Products. The complaint describes how the Defendants and co-conspirators allegedly violated the U.S. and state antitrust, unfair competition, and consumer protection laws by agreeing to fix prices and restrict output of Li-Ion Cells by, among other things, face-to-face meetings and other communications, customer allocation, and the use of trade associations. Defendants deny Plaintiffs’ allegations. The Court has not decided who is right.
3.
Why Is There A Settlement But The Litigation Is Continuing?
Only one group of Defendants has agreed to settle the lawsuit – Sony Corporation, Sony Energy Devices Corporation, and Sony Electronics Inc. (collectively “Sony”). The case is continuing against the remaining Non-Settling Defendants. Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen.
4.
Who Are The Non-Settling Defendant Companies?
The Non-Settling Defendant companies include: LG Chem, Ltd.; LG Chem America, Inc.; Samsung SDI Co. Ltd.; Samsung SDI America, Inc.; Panasonic Corporation; Panasonic Corporation of North America; Sanyo Electric Co., Ltd.; Sanyo North America Corporation; Hitachi Maxell, Ltd.; Maxell Corporation of America; NEC Corporation; NEC Tokin Corporation; and Toshiba Corporation.
5.
What Are Li-Ion Cells, Li-Ion Batteries, And Li-Ion Products?
For purposes of the Settlement:
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“Lithium Ion Battery Cell(s)” or “Li-Ion Cells” means cylindrical, prismatic, or polymer cell used for the storage of power that is rechargeable and uses lithium ion technology.
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“Lithium Ion Battery” or “Li-Ion Battery” means Lithium Ion Battery Cell or Lithium Ion Battery Pack.
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“Lithium Ion Battery Pack” means Lithium Ion Battery Cells that have been assembled into a pack, regardless of the number of Lithium Ion Cells contained in such packs.
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“Lithium Ion Battery Products” or “Li-Ion Products” means products manufactured, marketed, and/or sold by Defendants, their divisions, subsidiaries, or Affiliates, or their alleged co-conspirators that contain one or more Lithium Ion Battery Cells manufactured by Defendants or their alleged co-conspirators. Lithium Ion Battery Products include, but are not limited to, laptop computers, notebook computers, netbook computers, tablet computers, mobile phones, smart phones, cameras, camcorders, digital video cameras, digital audio players, and power tools.
6.
Why Is This A Class Action?
In a class action, one or more people called the “class representatives” sue on behalf of themselves and other people with similar claims in the specific class action. All of these people together are the “Class” or “Class Members.” In a class action, one court may resolve the issues for all Class Members, except for those who exclude themselves from the class.
THE SETTLEMENT
How Do I Know If I May Be Included In The Class?
The Class includes persons and entities that, from January 1, 2000, through May 31, 2011, indirectly purchased a Li-Ion Battery or Li-Ion Product in the United States for their own use and not for resale from one or more of the Defendants in this lawsuit. “Indirectly” means the product was purchased from someone other than the manufacturer, such as a retail store.
The specific definition of who is included in the Class is set forth in the Settlement Agreement and in the order preliminarily approving the settlement. The Settlement Agreement, the preliminary approval order, and the related Complaints are accessible on the website www.batteriesconsumerlitigation.com. Payments to Class Members will be made only: (1) if the Court approves the Settlement and after any appeals are resolved, and (2) in accordance with the Distribution Plan to distribute the Settlement Funds minus expenses and Court-approved attorneys’ fees (“Net Settlement Fund”) to Class Members. The Distribution Plan, as approved by the Court, will determine the amount, if any, that each Class Member will receive. The Distribution Plan provides that payments to Class Members will be based on the number of valid claims filed by all Class Members and the dollar value of each Class Member’s purchase(s) of Li-Ion Batteries and/or Li-Ion Products in proportion to the total approved claims filed by all Class Members.
8.
What Does The Settlement Provide?
The Settlement Fund is $19.5 million. After deduction of attorneys’ fees, notice and administration costs, and litigation expenses, as approved by the Court, the remaining Settlement Fund will be available for distribution to Class Members who timely file valid claims. The Settlement also includes non-monetary relief, including cooperation in litigating against the Non-Settling Defendants.
More details about the Settlement are set forth in the Settlement Agreement, available at www.batteriesconsumerlitigation.com.
HOW TO GET BENEFITS
How Much Money Can I Get?
At this time, it is unknown how much each Class Member who submits a valid claim will receive. Payments will be based on a number of factors, including the number of valid claims filed by all Class Members and the dollar value of each Class Member’s purchase(s) of Li-Ion Batteries and/or Li-Ion Products in proportion to the total claims filed. No matter how many claims are filed, no money will be returned to the Settling Defendants once the Court finally approves the Settlement. In order to receive a payment, you will need to file a valid claim form before the claims period ends. The claims period has not yet begun. A Notice about the claims process will be provided at a later date as ordered by the Court. If you want to be kept updated about the claims process or any future settlements, you should register at www.batteriesconsumerlitigation.com.
10.
When Will I Get A Payment?
No money will be distributed yet. The lawyers for the Plaintiffs will continue to pursue the lawsuit against the Non-Settling Defendants. All Settlement Funds that remain after payment of the Court-ordered attorneys’ fees, incentive awards, costs, and expenses will be distributed at the conclusion of the lawsuit or as ordered by the Court.
REMAINING IN THE CLASS
What Happens If I Remain In The Class?
You will give up your right to sue the Settling Defendants on your own for the claims described in the Settlement Agreement unless you exclude yourself from the Class. You also will be bound by any decisions by the Court relating to the Settlement. In return for paying the Settlement Amount and providing the non-monetary benefits, the Settling Defendants (and certain related entities defined in the Settlement Agreement) will be released from claims relating to the alleged conduct involving the Li-Ion Products identified in the Settlement Agreement. The Settlement Agreement describes the released claims in detail, so read them carefully since those releases will be binding on you if the Court approves the Settlement. If you have any questions, you can talk with Class Counsel for free, or you can, of course, talk with your own lawyer (at your own expense) if you have questions about what this means. The Settlement Agreement and the specific releases are available at www.batteriesconsumerlitigation.com.
EXCLUDING YOURSELF FROM THE CLASS
How Do I Get Out Of The Class?
To exclude yourself from the Class, you must send a letter by mail stating that you want to be excluded from In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420, Sony Settlement. Your letter must also include:
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Your name, address, and telephone number;
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A statement saying that you want to be excluded from In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420, Sony Settlement; and
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Your signature.
You must mail your exclusion request postmarked no later than September 22, 2016, to:
Lithium Batteries Indirect Sony Settlement
EXCLUSIONS
c/o A.B. Data, Ltd.
3410 West Hopkins Street
P.O. Box 173006
Milwaukee, WI 53217-8042
13.
If I Don’t Exclude Myself, Can I Sue For The Same Thing Later?
No. Unless you exclude yourself, you give up any right to sue the Settling Defendants for the claims being released in this litigation.
14.
If I Exclude Myself, Can I Still Get Money Benefits?
No. If you exclude yourself from the Settlement Class in this Settlement, you will not get any money as a result of the Settlement.
THE LAWYERS REPRESENTING YOU
Do I Have A Lawyer Representing Me?
The Court has appointed the following lawyers as Class Counsel to represent you and all other members of the Class:
Steven N. Williams, Esq.
Cotchett, Pitre & McCarthy, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
batteries@cpmlegal.com
Jeff Friedman, Esq.
Hagens Berman Sobol Shapiro LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
batteries@hbsslaw.com
Brendan P. Glackin, Esq.
Lieff Cabraser Heimann
& Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
batteries@lchb.com
You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
16.
How Will The Lawyers Be Paid?
At the Final Fairness Hearing, Class Counsel will ask the Court to reimburse them for certain fees, costs, and expenses. At the Final Fairness Hearing, or at a later date, Class Counsel will ask the Court for attorneys’ fees based on their services in this litigation, not to exceed 30% of the $19.5 million Settlement Fund. Any payment to the attorneys will be subject to Court approval, and the Court may award less than the requested amount. The attorneys’ fees, costs, and expenses that the Court orders, plus the costs to administer the Settlement, will come out of the Settlement Fund. Class Counsel may seek additional attorneys’ fees, costs, and expenses from any other settlements or recoveries obtained in the future.
When Class Counsel’s motion for fees, costs, and expenses is filed, it will be available at www.batteriesconsumerlitigation.com. The motion will be posted on the website at least 35 days before the Court holds a hearing to consider the request, and you will have an opportunity to comment on the motion.
OBJECTING TO THE SETTLEMENT
How Do I Object To Or Comment On The Settlement?
If you have objections to or comments about any aspect of the Settlement, you may express your views to the Court. You can object to or comment on the Settlement only if you do not exclude yourself from the Class. To object to or comment on the Settlement, you must:
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Specify in writing your name, address, and telephone number;
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Clearly identify in writing the case name, number, and settlement (In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420, Sony Settlement);
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Submit your letter to the Court either by mailing it to the Class Action Clerk, United States District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612, or by filing it in person at any location of the United States District Court for the Northern District of California; and
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Make sure that the letter is filed or postmarked on or before September 22, 2016.
18.
What Is The Difference Between Excluding Myself From The Class And Objecting To The Settlement?
If you exclude yourself from the Class, you are telling the Court that you do not want to participate in the Settlement. Therefore, you will not be eligible to receive any benefits from the Settlement, and you will not be able to object to the Settlement. Objecting to a Settlement simply means telling the Court that you do not like something about the Settlement. Objecting does not make you ineligible to receive a payment.
THE FINAL FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the Settlement and any requests by Class Counsel for fees, costs, and expenses. You may attend and you may ask to speak, but you do not have to do so.
19.
When And Where Will The Court Decide Whether To Approve The Settlement?
The Court will hold a Final Fairness Hearing at 2:00 p.m. on November 8, 2016, at the United States Courthouse, 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612. The hearing may be moved to a different date or time without additional notice, so check the Court’s PACER site, ECF Information | United States District Court, Northern District of California; www.batteriesconsumerlitigation.com; or call 1-800-952-0581 to confirm the date has not been changed. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time and may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. At or after the hearing, the Court will decide whether to approve the Settlement.
20.
Do I Have To Attend The Hearing?
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend at your expense. If you send an objection or comment, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also hire your own lawyer at your own expense to attend on your behalf, but you are not required to do so.
21.
May I Speak At The Hearing?
If you send an objection or comment on the Settlement, you may have the right to speak at the Final Fairness Hearing as determined by the Court. You cannot speak at the hearing if you exclude yourself from the Class.
THE TRIAL
When And Where Will The Trial Against The Non-Settling Defendants Take Place?
If the case against the Non-Settling Defendants is not dismissed or settled, the Plaintiffs will have to prove their claims against the Non-Settling Defendants at trial. Trial dates have not yet been set. The trial will be held at the Courthouse at 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612.
At the trial, a decision will be reached about whether the Plaintiffs or the Non-Settling Defendants are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or other benefits for Class Members at trial.
23.
What Are The Plaintiffs Asking For From The Non-Settling Defendants?
The Class representatives are asking for money for Class Members. The Class representatives are also seeking an order to prohibit the Non-Settling Defendants from engaging in the alleged behavior that is the subject of the lawsuit.
24.
Will I Get Money After The Trial?
If the Plaintiffs obtain money or benefits as a result of a trial or settlement, Class Members will be notified about how to ask for a share or what their other options are at that time. These things are not known right now.
GET MORE INFORMATION
25.
How Do I Get More Information?
This Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get copies of the Settlement Agreement and more information about the Settlement at www.batteriesconsumerlitigation.com. You also may write with questions to Lithium Batteries Indirect Sony Settlement, P.O. Box 173006, Milwaukee, WI 53217 or call the toll-free number 1-800-952-0581. You should also register at the website to be directly notified of any future settlements, the terms of the Distribution Plan of the Settlement Fund, how to file a claim form, and other information concerning this litigation.
DO NOT CONTACT THE COURT, THE OFFICE OF THE CLERK OF THE COURT, DEFENDANTS OR THEIR COUNSEL REGARDING THIS NOTICE
Dated: May 26, 2016
By Order of the Court
United States District Court
Northern District of California
QUESTIONS? VISIT WWW.BATTERIESCONSUMERLITIGATION.COM OR CALL 1-800-952-0581
This mailing is sent to gene@luder.us by AB Data, Ltd., the Court-approved notice and claims administrator for the Li-Ion Batteries Indirect Purchaser Class Action.
You may unsubscribe from this mailing; however, doing so will prevent you from receiving future notifications concerning your legal rights in this class action and any future settlements.
